Patrick A. Costello

Patrick leads the firm’s Wilmington, Delaware office and concentrates his practice on construction law and related disputes. He has spent the majority of his career representing clients in the Delaware construction industry and handles matters arising from both public and private projects throughout the region, including Pennsylvania and New Jersey.

Patrick represents contractors, subcontractors, suppliers, sureties and owners in commercial construction disputes involving breaches of contract, mechanics’ liens, payment claims, delay and disruption issues, warranty disputes and professional liability claims involving architects and engineers. Over the course of his career, he has represented virtually every type of participant on a construction project, giving him a practical understanding of how construction disputes develop and how to resolve them efficiently and strategically.

Drawing on his construction litigation experience, Patrick advises clients during contract negotiation and project planning to identify risk exposure early and structure agreements that reduce the likelihood of future disputes. He regularly assists with negotiating and modifying construction agreements, including American Institute of Architects (AIA) forms, purchase order terms, releases and settlement agreements. His experience representing both upstream owners and downstream contractors informs his approach to risk allocation and contract strategy.

Patrick is a trained mediator and commercial arbitrator through the Delaware State Bar Association, with a focus on construction-related disputes. He assists parties in resolving disputes through mediation and arbitration involving payment, performance and contract interpretation issues and advises clients on alternative dispute resolution strategies during the life of a project.

Patrick also represents homeowners in residential construction defect matters, advising clients on claims involving defective workmanship, contractor performance disputes and building code violations. These matters may also include consumer protection claims under the Delaware Consumer Fraud Act and, where appropriate, the Delaware Deceptive Trade Practices Act (DTPA). He guides homeowners through pre-suit claims resolution, negotiation and, when necessary, litigation. His familiarity with both contractor and owner perspectives allows him to assess residential disputes with a practical, solutions-oriented approach.

Representative Experience

• Represented the University of Delaware in drafting and negotiating construction contracts for campus projects, including preparing owner-favorable modifications to AIA forms and advising on risk allocation and claims procedures.
• Represented a Pennsylvania public school district in litigation arising from structural concrete deficiencies, pursuing claims against architects and engineers and resolving the matter through mediation.
• Represented a school district in a dispute involving steel supply delays that impacted project completion timelines, coordinating claims among contractors and design professionals.
• Represented a subcontractor in a six-figure payment dispute involving a steel installation project in Delaware, negotiating a pre-suit resolution after asserting rights under Delaware’s prompt payment statutes.
• Represented a site contractor in a Delaware construction dispute involving payment claims and project performance issues, resulting in a negotiated settlement.
• Represented a public owner in bond litigation following contractor default, pursuing claims against the surety in connection with completion of the project.