Andrew J. Fuga
Andrew J. Fuga
Biography
Andrew J. Fuga is a Member of the firm in its Philadelphia office, and the Co-Chair of the Construction Law practice Group. Mr. Fuga also serves as the Chief Operating Officer for the Eastern Region of the Firm.
Mr. Fuga primarily defends clients in actions arising from professional and general liability. These include professional liability claims against architects, engineers, and other design professionals, alleging damages for delay, design defects, property damage, and personal injuries. Mr. Fuga routinely handles construction defect claims as part of his practice, and defends construction industry clients, oil and gas industry clients, hospitals, universities, retail companies, and other non-profit corporations against a wide range of personal injury claims, including those for catastrophic loss. Additionally, Mr. Fuga counsels his clients with respect to their contracts and insurance policies.
As part of his alternative dispute resolution practice, Mr. Fuga serves as a court-appointed arbitrator for the Montgomery County Court of Common Pleas, and Judge Pro Tem for the Philadelphia County Court of Common Pleas.
Credentials
Areas of Law
- Construction Litigation
- Professional Liability
- Insurance Law
- General Liability
Education
- Duquesne University School of Law (J.D., 2005)
- University of Pittsburgh (B.S., 2002)
Bar and Court Admissions
- Commonwealth of Pennsylvania
- New Jersey
- United States Court of Appeals for the Third Circuit
- United States District Court for the District of New Jersey
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the Middle District of Pennsylvania
Memberships
- American Institute of Architects – Philadelphia Chapter
- Claims and Litigation Management Alliance
Accolades & Involvement
Honors/Awards
- Selected by his peers for inclusion in Best Lawyers in America® in 2021; 2024-2025
- Selected for inclusion on the 2014, 2018, and 2020 Pennsylvania Super Lawyers® “Rising Stars” lists
Presentations
- “Construction Law Boot Camp” National Business Institute, August 2019
- DRI Annual Personal Injury Seminar, April 2019
- “Managing Risk with General Liability and Professional Liability Insurance Coverage” October 2014
Publications
- Co-author, “The Crucial Role of Waivers of Subrogation in Design Professional Contracts,” Great American Insurance Group Design Professional Newsletter, September 2023
- Co-author, “Protecting Design Professionals From Liability For Shop Drawing “Approval”,” Great American Insurance Group Design Professional Newsletter, July 2021
- “Professional Negligence vs. Negligent Misrepresentation” The Legal Intelligencer, August 2012
- “The Structure of the Construction Industry and the Law – The Balance between the Owner, the Architect, the Construction Manager and the Subcontractor: A Look at the Procedure of Large-Scale Construction Projects and the Many Legal Issues that Result” Duquesne Business Law Journal, 2005
Representative Matters
- Successfully defended an architectural firm with respect to a general contractor’s approximately million dollar claim for design defects and project delays associated with a complex public school project in Allegheny County, Pennsylvania.
- Obtained summary judgment in the United States District Court for the Eastern District of Pennsylvania for a defendant third-party inspection agency acting on behalf of the City of Philadelphia. The plaintiff alleged that defendant inspection agency negligently performed a rough-in inspection of electrical work at the plaintiff’s property. The Court found that the defendant inspection agency is entitled to immunity under Pennsylvania’s Political Subdivision Tort Claim Act and “was acting on behalf of the government entity” when it conducted the rough-in inspection, which is sufficient to qualify for immunity under the Tort Claim Act.
- Obtained summary judgment in Philadelphia County, PA for a large University related to a motor vehicle claim against multiple defendants
- Successfully defended a large electrical engineering firm against a multi-million dollar claim by a public utility for design errors and delay damages associated with the design of an electrical substation where the client paid nothing toward the settlement
- Obtained a dismissal with prejudice of a premises liability lawsuit filed against a large medical hospital in Philadelphia County, PA as a result of preliminary objections being sustained as to the improper service and amendment of the complaint
- Obtained a complete dismissal of an engineering firm from a pedestrian accident lawsuit alleging negligent design of the curbing associated with the repaving of a residential street in Luzerne County, Pennsylvania
- Successfully defended a supplier of a national window manufacturer at AAA arbitration where the Claimants were awarded less than 2% of their alleged damages against the client, and the client was awarded its legal fees and costs against the window installer
- Received affirmation from the Superior Court of Pennsylvania granting a motion to transfer a lawsuit filed in Philadelphia County to Centre County based on forum non conveniens on behalf of a civil engineering firm. The lawsuit alleged catastrophic personal injuries sustained in a pedestrian accident
- Received affirmation from the Supreme Court of the State of New York, Appellate Division, 4th Department (Pro Hac Vice Admission) of the dismissal of a complaint filed against an engineering firm which included breach of contract and professional negligence allegations, based on a forum selection clause in a multimillion-dollar property damage lawsuit
- Obtained summary judgment in Philadelphia County, Pennsylvania for a structural engineering firm that provided professional services to a condominium developer in a multi-million dollar lawsuit brought by the condominium association
- Obtained discontinuance of a lawsuit filed by a contractor against an architectural firm related to an oil release during the construction of a public school in Carbon County, Pennsylvania
- Successfully defended a design firm that served as a municipal Building Code Official against six property damage lawsuits in Montgomery County, Pennsylvania where the cases settled at mediation
- Successfully defended a mechanical engineering firm from a condominium developer’s multi-million dollar claim for construction defects and project delays in Monmouth County, New Jersey where the case settled at mediation
- Obtained discontinuance of a lawsuit filed in Philadelphia County, Pennsylvania against an engineering firm arising out of a pedestrian accident near a transportation facility
- Obtained summary judgment in Philadelphia County, Pennsylvania for a large university stemming from a personal injury claim on a construction project at one of its medical facilities where the university was fully indemnified for all legal costs related to the lawsuit
- Obtained multiple defense verdicts at arbitration in separate premises liability lawsuits brought against a large university in Philadelphia County, Pennsylvania
- Successfully defended an architectural firm against a property owner’s claim for alleged mold and water infiltration damages to a multi-unit residential building in Berks County, Pennsylvania where the case settled at mediation
- Successfully defended a mechanical engineering firm against a non-profit group’s claim for alleged deficiencies in the mechanical design of an indoor pool system in Lancaster County, Pennsylvania where the case settled at mediation
- Successfully defended a hospital in Philadelphia County, Pennsylvania against a personal injury claim stemming from an alleged elevator accident where the hospital paid nothing toward the settlement with the plaintiff
- Successfully defended a grocery store chain against a lawsuit for catastrophic personal injuries in Philadelphia County, Pennsylvania
- Successfully defended a medical center that is part of a large health system in Philadelphia County, Pennsylvania against a premises liability lawsuit where the medical center was dismissed and subsequently indemnified for its legal fees and costs
- Obtained a defense verdict for a non-profit land owner in a lawsuit stemming from a premises liability claim made by a bar patron of the client’s tenant
- Successfully defended an energy contractor against a wrongful death lawsuit in Susquehanna County, Pennsylvania involving a fatal automobile accident near a natural gas drilling site
- Obtained a defense verdict for a commercial bus driver and his employer in Philadelphia County, Pennsylvania in a lawsuit for personal injuries filed by a pedestrian after the bus proceeded through an accident scene and was entangled in down wires
- Successfully defended an energy contractor in Luzerne County, Pennsylvania against catastrophic personal injury claims stemming from an accident at a natural gas well site where the plaintiff sustained crushing injuries on a drilling rig
- Successfully defended a hospital, which is part of a large health system in Philadelphia County, Pennsylvania, against a lawsuit for catastrophic personal injuries allegedly sustained by plaintiff during the delivery of nitrous oxide
- Obtained summary judgment in Philadelphia County, Pennsylvania for a medical center, that is part of a large health system, against multiple plaintiffs’ claims for psychological injuries related to handling of a deceased patient
- Obtained affirmation by the Pennsylvania Superior Court of a dismissal with prejudice of a premises liability suit against a Catholic religious non-profit based on the Court’s review of preliminary objections that were sustained by the Philadelphia Court of Common Pleas for Plaintiff’s failure to properly serve its writ of summons in a timely manner within the statute of limitations