Patrick A. Costello - a Wilmington, USA Business & Commercial Law Lawyer

Updated: 03/16/2026

Attorney Information

Overview

Mr. Costello’s practice focuses primarily on construction law, complex commercial litigation, business litigation, alternative dispute resolution and contract formation.

Mr. Costello’s litigation experience includes first chair and second chair trial work plus taking the role of lead counsel on oral arguments for motions and negotiating contracts and settlements. He primarily represents clients throughout Delaware, Pennsylvania, and New Jersey courts, but has handled matters concerning several other jurisdictions as well.

EXPERIENCE

After law school, Mr. Costello clerked in the Court of Common Pleas of Pike County, Pennsylvania (2002-2003) and in the Delaware Superior Court in Wilmington, Delaware (2003-2004) for Judge Jan R. Jurden (now President Judge).

After his clerkships, Mr. Costello spent several years in the litigation department at a large law firm where he focused on complex commercial and corporate litigation, regularly representing clients before the Delaware Superior Court, the Delaware Court of Chancery and the U.S. District Court for the District of Delaware, while also working on state and federal cases and appeals in Pennsylvania, New Jersey and other jurisdictions.

During that time he handled a variety of matters, including cases involving breach of fiduciary duty claims, director and officer liability, minority shareholder oppression, advancement and indemnification of company officers, limited liability company and partnership disputes, shareholder and partner derivative actions, books and records demands, piercing the corporate veil and real estate litigation.

Immediately prior to joining Dailey LLP, Mr. Costello practiced at construction law boutique Venzie, Phillips & Warshawer for over twelve years, where he regularly represented contractors, subcontractors, suppliers, construction managers, sureties and owners (public and private, including large universities and public school districts) in construction litigation, mediation, arbitration, claim resolution and in the preparation and negotiation of contracts.

Mr. Costello’s representations have included issues such as construction defects, mechanics’ liens, “prompt pay laws” and construction payment disputes, breach of contract, unjust enrichment / quantum meruit, delay claims, professional liability of architects and engineers including design errors and omissions, requests for equitable adjustment, change order disputes, extra work claims, bid protests, bid preparations, defective work, breach of warranty, indemnity, unfair trade practices and consumer protection laws, insurance coverage disputes, Article 2 sales, Right to Know and Freedom of Information Act requests and responses thereto, integrated project delivery, procurement, RACP (Redevelopment Assistance Capital Program) grants, claims on behalf of and against condominium associations and real estate developers, plus advice on contract formation, AIA (American Institute of Architects) forms and purchase order terms.

Awards and Honors

Honors

Selected as a Pennsylvania “Rising Star” By Super Lawyers in the category of Construction Litigation, as published in Philadelphia Magazine and Pennsylvania Super Lawyers, 2016

Education

Legal Education
- Dickinson School of Law of the Pennsylvania State University, University Park, Pennsylvania, 2002
  Juris Doctor
Non Legal Education
- Bucknell University, 1999
  Bachelor of Arts
  Major: History
  Minor: U.S. Studies

Current Employment Position(s)

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Attorney
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Past Positions

Court of Common Pleas of Pike County, Pennsylvania (2002-2003), Clerk
Judge Jan R. Jurden (now President Judge), Delaware Superior Court in Wilmington, Delaware (2003-2004), Clerk
Venzie, Phillips & Warshawer

Classes and Seminars

Panel Speaker for a webinar presentation to the Construction Management Association of America (CMAA) on the comparison of litigation, arbitration and mediation, November 2018

Bar Admissions

Delaware
Pennsylvania
New Jersey
United States Court of Appeals for the Third Circuit
U.S. District Court District of Delaware
U.S. District Court Eastern District of Pennsylvania

Other Affiliations

Delaware State Bar Association (DSBA) (Litigation Section and the Alternative Dispute Resolution (“ADR”))
Delaware State Bar Association (DSBA) (Executive Council of DSBA’s Litigation Section (2015-16, 2016-17, 2017-18, 2018-19, 2019-2020)
DSBA (Commercial Law Arbitrator)
Pennsylvania Bar Association
American Bar Association, Section of Litigation, Section of Dispute Resolution, and Forum on Construction Law (Member)
Delaware Contractors Association (Member)

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Contact

Wilmington, DE

1201 N. Orange St.
Suite 7300
Wilmington, DE 19801

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Phone: 302-268-6263

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Website: https://daileyllp.com/

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Patrick A. Costello - Wilmington, DE