Benjamin E. Gordon

Ben represents individuals, families and other property owners in high-stakes construction defect and consumer protection litigation. His practice focuses primarily on residential construction defects, including water infiltration and building envelope failures, and extends to complex disputes involving builders, developers, design professionals, insurers and other commercial actors.

A seasoned trial lawyer, Ben has significant experience litigating construction defect and consumer protection cases in state and federal courts, as well as in private forums. He is known for his strategic approach to litigation, careful case assessment and rigorous trial preparation. Ben is particularly skilled at guiding families through complex decisions, helping them understand their options, the potential costs involved and which path best aligns with their goals during an often difficult and uncertain time.

As a partner at Horn Williamson, Ben plays a central leadership role within the firm’s construction defect practice. He oversees case strategy from intake through trial or resolution, staffs matters appropriately and manages litigation teams across complex, multi-party disputes. Ben works closely with associates throughout the life of a case and is widely regarded as a thoughtful mentor, particularly on issues of trial readiness, motion practice and litigation judgment.

Ben brings a broad litigation background to his current practice. Before concentrating on residential construction defect matters, he handled a wide range of complex commercial disputes, including insurance coverage and defense litigation, consumer finance cases, toxic tort and products liability matters, and alternative dispute resolution proceedings. This experience informs his ability to navigate cases involving sophisticated parties, insurers and overlapping legal and factual issues.

Ben maintains an active pro bono practice and serves as board secretary of Philadelphia VIP, an organization that connects thousands of low-income clients with volunteer lawyers each year. He also regularly serves as a sworn arbitrator in both private proceedings through the American Arbitration Association and public, compulsory proceedings in the Philadelphia Court of Common Pleas.

Representative Experience

• Tried to verdict construction defect claims on behalf of six families, each of whom purchased new-construction homes, resulting in jury verdicts exceeding $7.7 million and findings that the developer/builder violated Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL).
• Tried to verdict a contentious Pennsylvania Contractor and Subcontractor Payment Act (CASPA) claim, obtaining a nonsuit on behalf of the owner of a large commercial real estate project.
• Tried and, after a four-day evidentiary hearing, defeated an injunction seeking to halt a $350-million construction project.
• Tried to decision a breach of lease case on behalf of a shelter for women and children, resulting in an award refunding rent and shifting significant attorneys’ fees.
• Obtained dismissal with prejudice, affirmed on appeal, on behalf of a surety in litigation involving a significant performance bond claim where the project owner did not allow the contractor a meaningful opportunity to cure allegedly defective work.
• Tried to verdict a complex insurance coverage and tortious interference dispute involving claims exceeding $25 million and secured a complete defense verdict for the carrier.

Results may vary depending on your particular facts and legal circumstances.