Attorney for construction company accused of improper work petitions to withdraw

By Nicholas Malfitano | Sep 10, 2015

Donald M. Davis  

PHILADELPHIA – An attorney for a construction company accused of improper workmanship has petitioned to withdraw his representation.

Donald M. Davis of Margolis Edelstein, attorney for Green Construction Concepts in Richboro, motioned to the Philadelphia County Court of Common Pleas on July 24 to withdraw his representation.

Davis stated Green Construction’s insurance carrier, Donegal Insurance Company, would continue to cover the costs of Green Construction’s defense until July 31. At which point, Green Construction would retain its own counsel – which it did, in the form of hiring Ely Goldin from Fox Rothschild in Blue Bell.

A hearing on this matter was scheduled for this past Wednesday in Court chambers at Philadelphia City Hall.

Brian and Michele Horowski’s lawsuit, filed in January and amended in June, alleges various entities involved with constructing and assessing the quality and habitability of their Philadelphia residence were fraudulent in those duties.

On Feb. 4, 2010, the Horowskis and property owner Neal F. Rubin, all Philadelphia residents, entered into a real estate agreement for the Horowskis to purchase a newly-constructed home on the 1500 block of 13th Street in Philadelphia.

The home was built by Green Construction, and the lawsuit claims all decisions on design specifications were made by Green Construction and Rubin – with the exception of selecting interior paint colors and glass tile for a kitchen backsplash, tasks completed by the plaintiffs. The Horowskis said they did not receive a Seller’s Property Disclosure Statement with regard to the property.

On Feb. 8, 2010, Engineers For Home Inspection in Cherry Hill and engineer Harris S. Gross submitted a home inspection report to the plaintiffs for their review. Several weeks later, the Horowskis purchased the property for $345,000 on March 25, 2010.

After moving in, however, the Horowskis allege they discovered numerous flaws and defects in the structure, none of which they claim were included in the home inspection report they were provided on Feb. 8, 2010. These included, but are not limited to: no sealant details around the windows, improperly sloped and uncaulked head flashings, brick walls lacking weeps and screeds, defective stucco and fiberglass, and a host of others.

Certified home inspector Craig Tillman conducted his own, separate inspection on Jan. 3 of this year, noting all of these defects and more in his own report. The plaintiffs allege they have suffered “great losses and damages” as a result of these events.

The Horowskis’ lawsuit levies charges of breach of contract, breach of warranties of habitability and workmanlike construction, breach of warranty of merchantability, breach of warranty of fitness for a particular purpose, violation of the Unfair Trade Practices and Consumer Protection Law (UTPCPL) against Rubin and Green Construction; plus fraudulent misrepresentation, negligent misrepresentation and violation of the UTPCPL against Engineers For Home Inspection and Gross. 

The plaintiffs are represented by James L. Pearl, in Philadelphia. 

The defendants are represented by Timothy J. Hartigan, of Marshall Dennehey Warner Coleman & Goggin in King Of Prussia, and Laura J. Herzog of Thomas Thomas & Hafer, in Allentown.

Philadelphia County Court of Common Pleas case 150100638

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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