Kenneth A Cushing

Practice Areas

Kenny Cushing counsels and represents project owners, developers, contractors, and design professionals in all phases of major public and private construction projects, agency appeals, regulatory compliance, and the dispute resolution process, with a particular focus on the oil and gas, transportation, power, and telecom sectors. Kenny knows how to navigate the unique challenges inherent in complex and multi-jurisdictional infrastructure projects that can span hundreds of miles and involve a multitude of landowners, government agencies, and stakeholders, from permitting and bidding to scheduling, engineering, and constructing.

Kenny’s recent practice has spanned the Mid-Atlantic, the Midwest, and Texas, and includes a wide range of projects from traditional vertical construction to some of the largest intrastate and interstate linear pipeline, highway, wind farm, and other infrastructure projects. He has represented Fortune 100 midstream companies, natural gas companies, heavy highway contractors, general and specialty contractors, engineering, architectural, and design firms, real estate developers, golf and country clubs, retailers, homebuilders, universities, long-term care facilities, condominium associations, and other industry stakeholders. Kenny navigates clients through challenges in project management, litigation, arbitration, appeals, and bankruptcy, as well as bond claims, insurance claims, and mechanics’ lien claims. He also counsels clients through the contract negotiation and drafting process, and has drafted and negotiated construction and design services agreements for projects across the country. Kenny also maintains an active pro bono practice representing Veterans before the Board of Veterans Appeals and the U.S. Court of Appeals for Veterans Claims.

Career

Former clerk to The Honorable Federico A. Moreno in the U.S. District Court for the Southern District of Florida. (2017-2018).

Former intern to The Honorable Gene E.K. Pratter in the U.S. District Court for the Eastern District of Pennsylvania. (2013).

Professional Memberships

American Bar Association Forum on Construction Law

Publications

Third Circuit Rules on Pennsylvania Prompt Payment Act, Affirms Penalty Interest and Attorney’s Fees, May 10, 2024.

Pennsylvania’s Prompt Payment Act Applies to Mixed Use Construction, Aug. 12, 2021.

PA Appellate Court Strikes Down Project Labor Agreement for First Time—Saves Taxpayers Millions, Aug. 8, 2019.

30-Day Warning: Major Changes to Pennsylvania’s Contractor and Subcontractor Payment Act, Sept. 10, 2018.

Personal

Kenny lives near Philadelphia with his wife (Erin) and his three children (Maeve, Connor, and Keegan). Before attending law school, Kenny was a full-time college football coach.