White and Williams LLP Secures $42.4 Million Award for Ventana DBS LLC in Philadelphia Marriott Construction Litigation

Craig O'Neill, Lindsay Liebman, Kristen Nichols Wright, Zachary Roth and William Taylor

Philadelphia, PA

7.16.26

White and Williams LLP's Construction and Surety Practice attorneys secured a significant victory for client Ventana DBS LLC in a complex commercial construction dispute before the Philadelphia Court of Common Pleas, Commerce Division. The trial team, led by Bill Taylor, retired Partner, and Craig O'Neill, Co-Chair of the Construction and Surety Practice Group, with support from Lindsay Liebman, Counsel, Zachary Roth, Partner, Kristen Nichols Wright, Associate, and Sue Ferrante, Legal Secretary, obtained a $42.4 million award on Ventana's claims for unpaid work, delay costs, CASPA penalties and interest, attorneys’ fees and other project-related costs arising from the construction of the Marriott W/Element Hotel Project in Philadelphia.

To achieve this result, the White and Williams team managed an extensive discovery period over the course of four-years of litigation, conducted over sixty depositions, participated in court-ordered mediation and arbitration proceedings, and successfully represented Ventana during a bifurcated trial that spanned over the course of a year. 

Tutor Perini Building Corp. retained Ventana as a subcontractor to furnish and install the project's primary exterior glazing system. As construction progressed, the project experienced significant delays, disruptions, and cost overruns, resulting in multiple lawsuits among project participants. Those matters were consolidated under a lead action filed by project owner Chestlen Development LLP against Tutor Perini.

For trial purposes, the Court bifurcated the consolidated litigation into separate Liability and Damages phases. The Liability Phase proceeded over a five-month period from January through May 2025. Following that proceeding, the Court issued extensive Findings of Fact and Conclusions of Law determining that Tutor Perini and its concrete subcontractor were entirely responsible for the delays, disruptions, and increased costs that affected the project. The Court found that Ventana was not responsible for any of the project delays.

The Damages Phase of the trial with regard to Ventana’s claims took place in March of 2026. In a damages opinion issued on July 1, 2026, Philadelphia Court of Common Pleas Judge James Crumlish III awarded Ventana approximately $22.6 million in project-related costs, $12.7 million in interest and penalties, and $7.1 million in attorneys' fees, expert fees and litigation costs, for a total recovery of over $42.4 million.

In awarding damages and attorneys' fees, the Court found that the evidence established a pattern of bad faith conduct by Tutor Perini during the construction of the W Hotel Project. The decision represents a significant recovery for Ventana and a major litigation success for the White and Williams trial team.

If you have questions about this case or would like additional information about the attorney's involved, please contact: Craig O'Neill, Co-Chair of the Construction and Surety Practice Group (oneillc@whiteandwilliams.com; t.215.864.6309), Lindsay Liebman, Counsel (liebmanl@whiteandwilliams.com; t.215.864.6284), Zachary Roth, Partner (rothz@whiteandwilliams.com; t.215.864.6274), Kristen Nichols Wright, Associate (wrightk@whiteandwilliams.com; t.215.864.6806).