Mr. McIlvain’s litigation practice focuses on construction, development and environmental matters. He has been the lead attorney in representing parties in more than fifty trials and arbitrations.
Mr. McIlvain has represented stakeholders in the major public development projects in the Philadelphia region over the past ten years, including the construction of the Philadelphia International Airport, Lincoln Financial Field, the National Constitution Center, and the Kimmel Center for the Performing Arts. With his engineering background, Mr. McIlvain is able to effectively address the overlapping technical and legal issues which arise in complex construction disputes.
He has also represented parties in family business disputes, as well as recovery of proceeds of directors’ and officers’ insurance policies. In the D&O area, Mr. McIlvain, through a series of widely-reported decisions, successfully obtained policy proceeds for the officers of Adelphia Communications. In addition to being quoted in the Wall Street Journal, Washington Post and other notable publications, he has been the author of numerous publications and regularly speaks at industry events.
- Philadelphia, PA – Represented Southeastern Pennsylvania Transportation Authority in successful resolution of disputes arising from Silverliner V rail cars.
- Philadelphia, PA – Representing International Airport in disputes arising from the construction of Terminals D and E, including negotiating settlement where surety took over repairs to improperly functioning checked baggage inspection system and obtaining seven figure award for the Airport where contractor sued the Airport.
- Scranton, PA – Defense verdict for client in jury trial involving alleged breach of contract.
- New Brunswick, NJ – Represented surety facing more than $30 million in claims for sewage sludge processing facility. During trial case resolved with surety paying nothing and principal recovering $11 million.
- Camden, NJ – Represented state development agency in obtaining a defense verdict after four week, non-jury trial for a $26 million wrongful termination claim for a proposed development on the Camden Waterfront.
- Philadelphia, PA – Represented general contractor concerning the construction of Lincoln Financial Field and took a lead role in closing out the project and resolving disputes with the owner and subcontractors.
- Philadelphia, PA – Resolved claims against the City and US Airways arising from the construction of Terminal F at the Airport.
- Delaware and Chester Counties, PA – Represented public utility in connection with a condemnation proceedings for properties located in Delaware and Chester County.
- Berks County, PA – Obtained favorable decision from arbitrator after one week hearing on behalf of engineering firm in pursuing claim for delay and impact claims associated with environmental remediation work.
- Philadelphia, PA – Defended engineering firm in claims brought by Amtrak in connection with alleged damage to signal cable.
- Northampton County, PA – Represented national builder in obtaining defense verdict after one week non-jury trial against homeowners who were seeking to enforce restrictive covenant to block construction in residential development.
- Philadelphia, PA – Represented the Kimmel Center in its internationally reported case against the architect of the building.
- Philadelphia, PA – Represented the National Constitution Center in dispute with design professionals which was resolved through mediation.
- Coatesville, PA – Represented contractor in dispute over construction of a school
- Harrisburg, PA – Represented selected vendor in bid contest and suit to recover damages after termination of contract which involved the interplay between state and local statutes and federal law in connection with the federally-mandated auto emission inspection program.
- Philadelphia, PA – Represented local transit agency in defeating an injunction action brought by disappointed bidder in connection with transit advertising.
- New York, NY and Philadelphia, PA – Represented former principals in proceedings in the Bankruptcy Court and United States District Court for the Southern District of New York, and the United States District Court for the Eastern District of Pennsylvania which resulted in their recovery of D&O insurance proceeds in connection with the Adelphia Communications bankruptcy.
Professional And Community Involvement
- March of Dimes – Past Chair of the March of Dimes Greater Philadelphia Market Board;
Past Chair and Executive Committee Member of the Southeastern Pennsylvania Board; Past Chair Emeritus of Building, Transportation and Construction Luncheon Board
- Duke University, Pratt School of Engineering, Board of Visitors
- University of Pennsylvania Law School – Past Member of the Law Alumni Society Board of Managers
- General Building Contractors Association – Past Member of the Governmental Affairs Committee and Member of the Affiliate Member Council
- American Bar Association – Construction Forum
- Pennsylvania Bar Association
- Philadelphia Bar Association
Awards And Recognition
- Martindale AV rated.
- Pennsylvania Super Lawyer 2006, 2007, 2008, 2012, 2013, 2014, 2015, 2016, 2017, 2018
- Philadelphia’s Top Rated Lawyers 2012
- Suburban Life Magazine, Reader’s Top Choice Attorneys 2010
- Moderator at ABA Regional Infrastructure Program, November 2012
- Presenter at General Building Contractors Association Program on M/W/DBE, Issues for Contractors, October 2012
- Presenter at the General Building Contractors Association Program on Recent Changes to the mechanics’ lien law, February 2012
- Co-author, Zoning Code Reform Project: 50 Years in the Making, Construction Today, Summer 2010.
- Moderator for the General Building Contractors Association presentation on the American Recovery & Reinvestment Act, Spring 2009.
- Co-author, The American Recovery & Reinvestment Act: Opportunities for Contractors in Challenging Economic Times, Construction Today, Spring 2009.
- Panel member, Current Legal Issues Facing the Construction Industry, General Building Contractors Association, July 2008.
- Co-author, Traps for the Unwary Contractor: Releases in Project Documents, Constructor Magazine, January/February 2007; The Construction Executive, January 2007.
- Make Sure You Nail It! Construction Contract Negotiations & 2017 AIA Construction Contract Revisions (November 1, 2017)