Kenneth A. Cushing

Member

Kenny is a nationally-respected and Chambers-recognized construction attorney with more than a decade of experience advising and litigating disputes involving many of the country’s largest linear infrastructure projects, such as pipeline, road, transmission, rail, and wind. Clients call on Kenny for his deep knowledge of the industry and his practical, efficient, and creative solutions to the challenges that often arise on the path to successful project completion. And when disputes occur, Kenny’s record of success as a trial attorney places him in the top-tier of construction counsel. 

In addition to his linear infrastructure practice, Kenny counsels and represents project owners, developers, contractors, and design professionals in all phases of a wide range of public and private construction projects. Kenny represents Fortune 100 midstream and natural gas companies, heavy highway and civil contractors, general and specialty contractors, engineering, architectural, and design firms, real estate developers, golf and country clubs, universities, retailers, and other industry stakeholders. These clients trust Kenny to lead them through contract drafting and negotiation, project management, and dispute resolution, as well as issues arising with bonds, insurance, and liens. 

Kenny maintains an active pro bono practice representing veterans before the Board of Veterans Appeals and U.S. Court of Appeals for Veterans Claims, and drafting and negotiating construction services agreements for non-profits like the Kimmel Center in Philadelphia. 

Kenny was a law clerk to The Honorable Federico A. Moreno in the U.S. District Court for the Southern District of Florida. While earning his law degree, Kenny was a judicial intern to The Honorable Gene E.K. Pratter in the U.S. District Court for the Eastern District of Pennsylvania. Prior to studying and practicing law, Kenny was a college football coach for four years following one year of service as an AmeriCorps volunteer teacher.

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Experience

News

31 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 11, 2024

Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only 5 percent of attorneys are named Super Lawyers; only 2.5 percent of attorneys are listed as Rising Stars.

Nearly 100 Cozen O’Connor Lawyers, 27 Practices Earn Top Recognition in Chambers USA 2024 Guide

June 10, 2024

Chambers USA rankings are based on an “assessment of a firm’s work and opinions from external market sources, with an emphasis on client feedback.” In order to be ranked in the guide, lawyers and firms must demonstrate “sustained excellence.”

Kenneth Cushing Named an “On the Rise – Top 40 Young Lawyer” by the American Bar Association

June 22, 2023

Kenneth Cushing, a member of the firm’s Construction Law group, was named a 2023 “On the Rise – Top 40 Young Lawyer” by the American Bar Association (ABA) Young Lawyers Division.

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

42 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers & Rising Stars

May 24, 2023

Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O'Connor Promotes 29 Attorneys to Member

March 20, 2023

Cozen O'Connor is proud to announce the promotion of 29 attorneys to member.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

Publications

Third Circuit Rules on Pennsylvania Prompt Payment Act, Affirms Penalty Interest and Attorney's Fees [Alert]

May 10, 2024

Kenny Cushing and Christopher Josten discus the Third Circuit of Appeals decision that PA’s Contractor and Subcontractor Payment Act (CASPA) allows downstream parties to recover penalty interest and attorney’s fees from upstream contractors who wrongfully withhold payment.

Pennsylvania’s Prompt Payment Act Applies to Mixed Use Construction [Alert]

August 12, 2021

Kenny Cushing and Nick Berenato discuss the Pennsylvania Superior Court's decision in El-Gharbaoui v. Ajayi.

PA Appellate Court Strikes Down Project Labor Agreement for First Time—Saves Taxpayers Millions

August 08, 2019

For the first time, a Pennsylvania court struck down the lawfulness of a project labor agreement (“PLA”), finding that it violated Pennsylvania’s competitive bidding laws. As a result, the pool of potential bidders on Pennsylvania public projects—both union and nonunion—remains competitive and will save taxpayers millions.

30-Day Warning: Major Changes to Pennsylvania’s Contractor and Subcontractor Payment Act [Construction Alert]

September 10, 2018

Kenneth Cushing discusses the very significant statutory changes relating to payment disputes on Pennsylvania private construction projects.

Events & Seminars

Past Events

2024 Construction Super Conference

December 09, 2024 - Las Vegas, NV

2023 Construction Super Conference

November 29, 2023 - Hollywood, FL

Education

  • Wake Forest University School of Law, J.D., cum laude, 2015
  • Southwest Minnesota State University, M. Ed., 2010
  • University of Notre Dame, B.A., 2007

Awards & Honors

Chambers and Partners USA, 2021-2024. This award is conferred by Chambers & Partners. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Pennsylvania Super Lawyers "Rising Star" 2023-2024. This award is conferred by Super Lawyers. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 

  • New Jersey
  • Pennsylvania
  • Texas
  • U.S. Supreme Court
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Northern District of Illinois

The Honorable Federico A. Moreno in the U.S. District Court for the Southern District of Florida