A Blank Rome team secured a litigation victory for Chestlen Development (“Chestlen”), a real estate investment and development firm and owner of the 51-story, 750-room W Hotel and Element Hotel (Marriott) in Philadelphia, in a complex dispute against general contractor Tutor Perini Building Corp. (“Tutor Perini”), multiple subcontractors, and surety bond issuers. Chestlen is pursuing millions of dollars in damages for construction delays and defect repairs, while simultaneously defending against Tutor Perini’s counterclaims involving change orders, disruptions, and delays attributed to COVID-19.
Following a five-week bench trial held over the course of five months in 2025, the Philadelphia Court of Common Pleas issued its Phase 1 ruling on liability entirely in favor of Chestlen. The ruling found Tutor Perini liable for breach of contract and rejected its counterclaims against Chestlen. The Court also ruled against subcontractor Carney and its surety Arch Insurance, while finding in favor of Ventana (windows) on claims brought by Tutor Perini. This outcome follows the submission of more than 1,000 pages of post-trial findings of fact and represents an important milestone in the litigation. The trial addressing damages (Phase 2) is scheduled for early 2026.
“We pleased to have achieved a favorable result for Chestlen in this significant matter, and we look forward to continuing our advocacy for Chestlen as we move into the next phase of trial,” said Jonathan Korn, a partner in Blank Rome’s Business Litigation group.
The Blank Rome team was led by Jonathan Korn and Michael Darbee. Peter Sheridan and Rob Lee of Glaser Weil and David Fineman of Royer Cooper served as co-counsel.
