Related Program

Lessons from the Market Street Collapse — How to Handle a High Profile Problem in Your Project

October 23, 2019
6 - 8 PM
McCormick Taylor
1818 Market Street 16th Floor
Philadelphia , PA
Registration is required
Event Cost: 


Hosted by Division Three of the ABA Forum on Construction Law

Registration and Cocktail Reception at 6 PM
Presentation from 6:30 to 7:30, followed by hospitality & networking until 8. 

On June 5, 2013, a Salvation Army Thrift Store in Center City Philadelphia filled with shoppers and employees was crushed when an adjacent building collapsed as it was being demolished. This presentation will offer tips and guidance for dealing with high profile problems in your projects from Neil Clain and Rich Davies of Milber Makris Plousadis and Seiden, LLP, in Berwyn, Pennsylvania, each of whom was directly involved in addressing the consequences of the Market Street Collapse. Mr. Clain represented a design professional in the five-month-long jury trial that was the subject of daily news reports, often on the front page. Mr. Davies counseled various professional organizations on how to navigate proposed legislative responses to this tragedy that would have had an impact on the design professional community.  Drawing from their decades of experience in representing design professionals in high-stakes and highly publicized lawsuits, Mr. Clain and Mr. Davies will share their advice about how to be prepared in advance for a high profile emergency, and how to handle it and what to expect when it occurs.


Neil P. Clain, Jr., Esq.
Mr. Clain devotes most of his practice to the representation of design professionals. He has defended design professionals against multi-million-dollar claims involving, for example, building collapses, fire, construction delays and cost overruns, alleged design and construction defects, serious personal injuries, and death. Mr. Clain has been involved in many high profile lawsuits against design professionals, such as the Market Street collapse litigation, the Corporate Plaza collapse litigation, the Philadelphia Zoo Fire litigation, and the Harrisburg Incinerator litigation (which involved a project that created such crippling debt that the City of Harrisburg was forced to seek bankruptcy protection). Mr. Clain is a Contributing Author to the Pennsylvania section of the Cumulative Supplement of the State-by-State Guide to Design and Construction Contracts and Claims. He is a 1980 graduate of the Duke University School of Law, where he served on the Editorial Board of the Legal Research Program, and as the Co-Director of the Appellate Advocacy Program for Third Year Practice before the United States Court of Appeals, Fourth Circuit.

Richard Davies, Esq., Hon. AIA. 
Mr. Davies' practice focuses on the representation of architects, engineers and other design professionals. He regularly acts as their consultant and advocate, particularly in respect to risk management, by negotiating their contracts, addressing potential claims on projects, and regularly defending them in actions and proceedings initiated against them. He serves as counsel to the AIA Philadelphia Chapter, and is the Chairman of the Board for the Board of the Center for Architecture. He is also a member of the ACEC Legal Counsel Forum, a member of the Claims and Litigation Management Alliance, and a Fellow of the Construction Lawyers Society of America. Mr. Davies received his B. A. in Natural Science, with a concentration in Physics, from the University of Pennsylvania in 1983, and his J.D. from the State University of New York-Buffalo in 1986, where he was a member of its Moot Court Board.

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