Christopher I. McCabe (vCard)

Christopher I. McCabe, Senior Counsel with the firm, counsels clients on a full range of issues concerning commercial and residential construction projects, including delay and interference claims, claims for prompt payment, surety bond claims, and mechanics' liens. Mr. McCabe has litigated, arbitrated, and mediated both public and private construction disputes in the state and federal courts. Mr. McCabe also counsels clients on a full range of public contract and procurement matters, especially with regard to contracts awarded by the City of Philadelphia, the Commonwealth of Pennsylvania Department of General Services, and other Pennsylvania authorities and municipalities. Mr. McCabe regularly advises clients regarding compliance with the U.S. Department of Transportation's regulations for its disadvantaged business enterprise program for contracts funded by PennDOT or awarded by the Philadelphia International Airport and the Philadelphia Streets Department. Mr. McCabe also advises clients on matters involving public contract disputes and claims in both the Pennsylvania Board of Claims and lower courts. Mr. McCabe also counsels clients on commercial and residential construction claims and real estate disputes. Mr. McCabe also counsels and represents clients on general litigation matters involving business and other disputes.

Prior to joining the firm, Mr. McCabe served for 13 years in the Commercial Litigation Unit of the City of Philadelphia’s Law Department—regularly advising the City’s departments and agencies on questions of public bidding and contract procedures, construction and surety claims, and real estate disputes. Clients included the Procurement Department, the Department of Public Property, the Water and Streets Departments, the Philadelphia International Airport, and the Capital Program Office.

He is the only lawyer now in private practice who had had such a lengthy tenure with the City in the area of public contracting and construction claims.

Mr. McCabe served from 1986 to 1988 as a law clerk for the Hon. Donald E. Wieand of the Superior Court of Pennsylvania. A 1983 graduate of Georgetown University, Mr. McCabe earned his law degree, magna cum laude, from Temple University James E. Beasley School of Law in May 1986.

In 1991, Mr. McCabe was honored by the Philadelphia Bar Association’s Young Lawyers Division with the Craig M. Perry Community Service Award for his extraordinary advocacy on behalf of the underprivileged and unrepresented people in the Philadelphia community. A founding member of the Board of Directors of the Philadelphia Bar Association’s Homeless Advocacy Project, he has also served on the Boards of Directors of Philadelphia VIP and Pennsylvania Legal Services.

He is a member of the American Bar Association’s Litigation and Public Contract Law Sections and the Forum on the Construction Industry, and the Philadelphia Bar Association’s Business Law and Real Property Sections.

Detailed Resumé

Career History

• Senior Counsel, Jacoby Donner, P.C. (2005-Present)
• Senior Attorney, City of Philadelphia, Law Department (1992-2005)
• Associate, Wolf, Block, Schorr and Solis-Cohen (1988-92)
• Law Clerk, Hon.Donald E. Wieand, The Superior Court of Pennsylvania, Allentown (1986-88)

• Temple University School of Law (J.D. 1986)
• Georgetown University (A.B.History, 1983)

• American Bar Association (Litigation and Public Contract Law Sections and Forum on the Construction Industry)
• Philadelphia Bar Association (Business Law and Real Property Sections)
• American Institute of Architects (Affiliate Member)
• Engineers' Club of Philadelphia (Affiliate Member)

• Craig M. Perry Community Service Award, Philadelphia Bar Association's Young Lawyers Division

• Member, Zoning and Land Use Committee of the East Falls Community Council (2007)
• Founding Board Member and Past President, Philadelphia Bar Association's Homeless Advocacy Project (1990-2003)
• Board of Directors, Pennsylvania Legal Services (1994)
• Board of Directors, Philadelphia VIP (1992)

Representative Cases

Construction Cases & Claims
While at the City of Philadelphia Law Department:

• Successfully represented contractor in prosecution of $1.8 million claim against the Commonwealth of Pennsylvania's Department of General Services arising out of a project for a state-affiliated university.
• Represented the Philadelphia International Airport on a multi-million dollar construction claim filed by the prime electrical contractor on the Terminal A reconstruction project at the Airport.
• Represented the City's Department of Public Property on two multi-million dollar construction claims filed by the prime general contractor and the prime electrical contractor on the construction of the Criminal Justice Center.
• Represented the Philadelphia International Airport on a $7.5 million dollar construction claim filed by the aircraft apron paving contractor on the recently constructed US Airway International Terminal at the Airport.
• Represented the City's Capital Program Office on a multi-million dollar construction claim filed by the electrical contractor on the construction of the Women's Detention Facility of the Philadelphia Prison System.
• Represented the Philadelphia International Airport on a construction claim filed by the roadway construction contractor on the new International Terminal at the Airport.
• Defended the City's Water Department in a suit brought by a sewer contractor to recover excess costs incurred when the contractor encountered rock during excavation.
• Represented the City's Streets Department on contractor claims arising out of the reconstruction of Market Street East and South Broad Street - Avenue of the Arts.
• Represented the City's Water Department on numerous construction claims arising out of water main and sewer reconstruction projects.
• Represented the City's Streets Department on numerous construction claims arising out of street and roadway reconstruction and bridge rehabilitation projects.
• Represented the Philadelphia International Airport on numerous construction claims arising out of various construction projects at the Airport.
• Represented the City's Capital Program Office on numerous matters and claims arising out of the various City construction projects.

• Represented taxpayer plaintiffs in equity challenge to local township's decision to reject bid of low bidder and to award public contract to the second lowest bidder.
• Successfully represented contractor in "good faith efforts" hearing under 49 CFR Section 26.53, on appeal from a decision of the City of Philadelphia MBEC to reject the contractor's bid for failure to meet the stated DBE goal and for failure to show good faith efforts to meet the DBE goal.

While at the City of Philadelphia Law Department:

• Successfully represented the City's Procurement Department and Department of Recreation in an injunction action filed by disappointed bidder to enjoin the award of a cleaning and maintenance contract at former Veterans Stadium.
• Defended the City's Procurement Department on a claim for lost profits by a bidder whose contract award was cancelled when the bidder failed to post a required performance bond; a verdict returned in favor of bidder at trial was reversed on appeal to the Commonwealth Court in a reported decision.
• Successfully represented the City's Procurement Department in an injunction action filed by a disappointed bidder to enjoin the award of a contract to provide summer lunches to Philadelphia school children.
• Successfully represented the City's Procurement Department in an injunction action filed by a disappointed bidder to enjoin the award of a $13 million maintenance contract at the Philadelphia International Airport.
• Successfully represented the City's Procurement Department and Water Department on an injunction action where a disappointed bidder sought to enjoin the award of a polymer supply contract for the Water Department.
• Defended the City's Procurement Department and Streets Department on an injunction action filed by a disappointed bidder seeking to enjoin the award of the prime contract for the construction of the Schuylkill River Park Project.
• Successfully represented the City's Procurement Department in an injunction action filed by a disappointed bidder seeking to enjoin an award of a contract under the City's Local Bidding Preference Ordinance.
• Successfully represented the City's Procurement Department in numerous bid protests and injunction actions arising out of the award of public contracts for public works and the award of public contracts for services, supplies, and equipment.

• Obtained summary judgment on behalf of the City in a claim brought by Temple University Hospital seeking recovery of more than $3 million in costs incurred in providing emergency medical treatment to pre-arraignment detainees in the custody of the City Police Department.
• Defended the City's Office of the Finance Director in a class action lawsuit arising out of the alleged mismanagement of the City's 457 Deferred Compensation Plan; co-chaired a two-week trial of class claims wherein plaintiffs sought recovery in excess of $11 million; trial court rejected a majority of the claims asserted by plaintiffs.
• Represented the City's Office of Finance Director in U.S. District Court in an action against the third-party administrator of the City's 457 Deferred Compensation Plan; was successful in defeating the TPA's surrender fee counterclaim valued at $2.5 million.
• Defended the City in a decertified class action federal civil rights claim where the federal court significantly reduced amount of attorneys' fees sought by plaintiff.
• Defended the City's Procurement Department on civil rights claims for First Amendment retaliation and for violation of procedural due process resulting from the Procurement Department's refusal to allow a bidder to withdraw its bid for a court reporting contract.
• Defended the City in a trial on a civil rights claim for violation of procedural and substantive due process resulting from disqualification of a bidder for a prime electrical contract for work to be performed at the Philadelphia International Airport.
• Successfully represented the City in an insurance coverage claim seeking reimbursement of the City's settlement payment for a claim arising out of the environmental cleanup of the Reading Terminal train shed and the South Viaduct.
• Successfully represented the City in an insurance coverage claim seeking reimbursement of the City's settlement payment for a personal injury claim arising out of the negligent foster care treatment of a minor child.
• Represented the Department of Licenses & Inspections in protracted proceedings relating to the demolition of a large and derelict factory building in southwest Philadelphia.
• Defended the City in U.S. District on civil rights claims brought under the First Amendment.

• Represented the City's Department of Public Property in an inverse condemnation proceeding wherein the alleged condemnee sought fee simple ownership of a parcel of land situated on Venice Island adjacent to the Manayunk Canal; finding in favor of the alleged condemnee was reversed on appeal by the Commonwealth Court.
• Represented the City's Department of Public Property in lease dispute arising from City's lease of office space at 1600 Arch Street.
• Represented the City's Department of Public Property in lease dispute arising from City's lease of office space at 105 South 7th Street.
• Represented the City's Department of Public Property in lease dispute arising from City's lease of office space in the Packard Building.
• Represented the City's Streets Department in a lawsuit filed to halt the reconstruction of a City street in East Falls.
• Successfully defended the City against a claim filed by a real estate developer who purchased real property from the City and who later discovered the presence of human remains at the property.
• Represented the City's Department of Public Property on claims arising out of the City's lease of commercial office space.
• Handled several eminent domain cases on behalf of the City's Department of Public Property and the Streets Department.

• Temple University Hospital, Inc. v. City of Philadelphia,
  (Court of Common Pleas of Philadelphia County, January 3, 2006, No. 030301794)
• Regis Development Corporation v. City of Philadelphia,
  (Court of Common Pleas of Philadelphia County)
• Bella Vista United v. City of Philadelphia,
  2004 U.S. Dist. LEXIS 6771 (E.D. Pa., 2004)
• Acorn v. City of Philadelphia,
  2004 U.S. Dist. LEXIS 8446 (E.D. Pa., 2004)
• International Fiber Systems, Inc. v. City of Philadelphia,
  (Court of Common Pleas of Philadelphia County, June 27, 2002)
• Buckley & Co. v. City of Philadelphia, et al.,
  (Court of Common Pleas Philadelphia County, May 22, 2002) ("Buckley II")
• Buckley & Co. v. City of Philadelphia, et al.,
  (Court of Common Pleas Philadelphia County, September 10, 2001) ("Buckley I")
• Lipschultz v. Logan Assistance Corp.,
  50 Fed. Appx. 528 (3d Cir. 2002) (trial counsel)
• Polydyne, Inc. v. City of Philadelphia,
  795 A.2d 495 (Cmwlth. Ct. 2002) (trial counsel)
• Polydyne, Inc. v. City of Philadelphia,
  (Court of Common Pleas of Philadelphia County, August 6, 2001)
• Graveley v. City of Philadelphia,
  1998 U.S. Dist. LEXIS 12411 (E.D. Pa., August 12, 1998)
• F.A. Properties Corporation v. City of Philadelphia,
  (U.S.D.C. - E.D. Pa. March 21, 1997)
• Ray Angelini, Inc. v. City of Philadelphia,
  984 F. Supp. 873 (E.D. Pa. 1997)
• Boady v. Philadelphia Municipal Authority,
  699 A.2d 1358 (Pa. Cmwlth. 1997) (trial and appellate counsel)
• NVC Computer Sales, Inc. v. City of Philadelphia,
  695 A.2d 933 (Pa. Cmwlth. 1997) (served as trial counsel)
• Philadelphia Recycling & Transfer Station v. City of Philadelphia,
  1995 U.S. Dist. LEXIS 12773 (D. Pa., 1995)
• Maxwell Downs, Inc. v. City of Philadelphia,
  162 Pa. Cmwlth. 300 (1994) (trial and appellate counsel)
• Zimmerman v. Zoning Bd. of Adjustment,
  156 Pa. Cmwlth. 618 (1993)
• C.C. Insulators, Inc. v. Schnabel Assoc., Inc.,
  1991 U.S. Dist. LEXIS 4798 (E.D. Pa., 1991)

Seminars

Seminars/Speaking Engagements

Christopher I. McCabe presented "Discovery of Electronically Stored Information" for The Engineers' Club of Philadelphia" in Philadelphia, PA. (October 28, 2007)

Christopher I. McCabe presented "Public Contracts and Procurement Regulations in Pennsylvania" for Lorman Education Services in Macungie, PA.  He addressed the requirements of public bidding along with bid disputes and protests.  The panel discussion focused on helpful strategies in conducting business with Pennsylvania state and local governments. (July 26, 2007)

Christopher I. McCabe was a guest presenter at a luncheon of the Engineers' Club of Philadelphia on the topic of Engineering Law, specifically the development in the law related to the Bilt-Rite decision and how it affects engineers.  (March 28, 2007)

Christopher I. McCabe presented "Public Contracting - Tips on City and Public Contracting" at The Union League, Jacoby Donner Breakfast Briefing (October 12, 2006)

Christopher I. McCabe and Liam Braber addressed the MAEBA Annual Conference on "Protect Your Rights:  Collection Procedure and Mechanics' Liens in the Delaware Valley" (April 12, 2006)