Summary of Representative Cases
- Mechanics Lien Litigation. Defended developer in subcontractor’s mechanics lien claim. Successfully defended the case on appeal to the Pennsylvania Superior Court. Superior Court’s decision in my client’s favor resulted in change to the Pennsylvania Mechanics Lien Law and received national attention in the industry.
- Payment Act and Delay Claim Litigation. Represented national concrete subcontractor in litigation against public traded international construction company in Federal District Court case. Summary judgment decision in my client’s favor set legal precedent in the construction industry.
- Payment Act Litigation. Represented national general contractor in claim against terminated subcontractor in AAA Arbitration proceeding. Arbitrator awarded my client the full damages requested, including attorneys fees and costs pursuant to the Pennsylvania Contractor and Subcontractor Payment Act.
- Payment Act Litigation. Represent masonry and flat work contractor in a payment claim against a publicly traded national home builder. After the home builder’s counterclaims for defective workmanship and piercing the corporate veil where dismissed, the case settled for an amount in excess of $500,000.
- Government Contract Litigation. Represented public works general contractor in multi-million dollar litigation involving the State of New Jersey.
- Manufacturing Litigation. Represented Chinese manufacturer and exporter of mirrors and frames in United States Federal District Court in claim against U.S. importer. Worked with local counsel in Hong Kong to successfully mediate the claim after which the parties resumed a business relationship.
- Commercial Litigation. Represented regional communications company in United States Federal District Court in litigation for breach of commission agreement against public traded communication service provider.
- Government Investigation. Represented foreign currency hedge fund in State Securities and Exchange Commission anti-fraud claim. Claim was settled in my client’s favor.
- Civil Asset Forfeiture. Represented the owner of a building and liquor license in a civil asset forfeiture cased brought by the Commonwealth of Pennsylvania. The government sought to seize the owners real estate and liquor license under the Commonwealth’s controlled substances civil asset forfeiture law. After a bench trial, the Judge ruled in favor of Wally’s client and dismissed the government’s asset forfeiture case. Statistics show that only 4% of asset forfeiture cases are successfully defended.
- Government Investigation/Regulatory Defense. Represented plumbing subcontractor on appeal to the Department of Labor of Department of Housing and Urban Development’s claim that subcontractor violated the Davis Bacon Act. As a result of HUD’s claim, the subcontractor was not being paid. Department of Labor agreed with subcontractor and overturned HUD’s decision that subcontractor had violated the Davis Bacon Act.
- Regulatory Defense/Due Process. Represented real estate developer in a constitutional due process claim brought against the City of Philadelphia after the City’s Department of License and Inspection demolished developer’s property without notice. Federal Court entered summary judgment in favor of client against against the City stating that the City had violated developer’s 14th Amendment due process rights.
- Injunctive Relief. Obtained ex parte emergency injunctive relief in Federal Court pursuant to the Computer Fraud Act on behalf of plumbing subcontractor against former employee, who was accessing client’s computer and email system after employment was terminated and using the information to bid against the client on projects. The matter was successfully settled with a large monetary payment to client.
- Injunctive Relief. Obtained emergency injunctive relief in State Court on behalf of client against his landlord for breach of quiet enjoyment caused by actions of another commercial tenant.
- Injunctive Relief/Appellate Law. Represented homeowners association on appeal to Pennsylvania Commonwealth Court following trial court’s refusal to issue an injunction abating a homeowners violation of the association’s declaration. After briefing and oral argument, Commonwealth Court reversed the trial court’s decision resulting in injunction being entered in favor of association and requiring homeowner to remove the offending property condition.
- Mortgage Litigation. Obtained a unanimous jury verdict in Federal Court in favor of his client, a mortgage company, against a real estate appraiser and his appraisal firm. The appraiser had prepared a appraisal for the client in connection with the mortgage underwriting process. After the client sold the loan to Fannie Mae, Fannie Mae discovered defects in the appraisal. The client was required to indemnify Fannie Mae for significant losses after the loan went into default. The jury award his client in excess of $187,000 in damages against the appraiser and the appraisal firm.
- Feibush v. Councilman Kenyatta Johnson, 2016 WL 4478775 (E.D.Pa. 2016), obtained landmark jury verdict against a Philadelphia City Councilman who retaliated against an outspoken real estate developer and caused the City of Philadelphia to cancel the sale of a parcel of property to a real estate developer.
- Carpenters Health & Welfare Fund v. Management Resource Systems, et. al., 2015 WL 2395152 (E.D.Pa. 2015). Obtained dismissal of a complaint brought by the Carpenters Union seeking to audit client’s books in order to collect union fringe benefit funds. The Court dismissed the complaint finding that his client never agreed to be bound by the union’s collective bargaining agreement.
- Fair Housing Rights Center in Southeastern Pennsylvania v. Post Goldtex GP, LLC, et. al., 2015 WL 171840 (E.D.Pa. 2015) (obtained dismissal of FHA group’s claim that multimillion dollar apartment renovation project violated the FHA design and accessibility requirements.)
- Bullard v. City of Philadelphia, 2012 WL 460306 (E.D.Pa 2012) (obtained summary judgment in favor student housing developer in civil rights/violation of due process action brought after the City of Philadelphia tore down a property under construction.)
- V.A.L. Floors v. 1419 Tower, L.P., 2008 WL 1977840 (E.D.Pa., 2009).(defeated developer’s motion to consolidate payment action with larger action involving novel issues unrelated to client’s case.)
- Quinn Construction v. Skanska USA Building, Inc., 2008 WL 2389499 (E.D.Pa.2008). (defeated motion for summary judgment filed by design professional who claimed that a certificate of merit was required in order to maintain a claim of negligent misrepresentation. The opinion lead to a change in the Pennsylvania Rules of Civil Procedure on certificates of merit.)
- Quinn Construction v. Skanska USA Buildings, Inc., 2008 WL 5187391 (E.D.Pa.2008). (opinion discussing the duties of a surety bond agent to indemnify and hold harmless an oblige.)
- Philadelphia Construction Services v. Allan Domb, 903 A.2d 1262 (Pa.Super.2006) (appellate court sustained dismissal of mechanics lien claim by trial court and ruled that subcontractor’s decision to walk off a construction project precluded subcontractor from complying with the requirements of the mechanics lien law.)
“Minority Contracting Program Compliance,” Construction Executive Risk Management, March 11, 2014
“The Spearin Doctrine as a Defense to Defective Workmanship Claims,” ABA Construction Litigation Newsletter, Spring 2012.
“Lien Waivers, Releases Submitted With Requests for Payment Bar Claims,” The Legal Intelligencer, August 16, 2011
“Dealing with Rising Materials Prices” Construction Executive Magazine, August 2011
“Double Breasted Operations: Best of Both Words?” Connecticut Law Tribune, March 7, 2011
Wally Zimolong, Letter to the Editor, “Strong Opinions Over Wisconsin’s Public Union Brawl,” Wall St. J., February 25, 2011
“The ‘Accidental Release’ – Pay Close Attention to Standard Lien Waivers,” Construction Executive Magazine, February 2011
“It May Pay for Subcontractors to Get Aggressive,” Connecticut Law Tribune, Vol. 36, No. 28, July 12, 2010
“The Validity of Anti-Flipping Clauses” Legal Intelligencer, Real Estate Quarterly, January 2007.
“Disclaimer and Integration Clauses in Agreements of Sale: Fraud Claims Fail Because Buyers Cannot Prove Justified Reliance.” Legal Intelligencer, Real Estate Quarterly, June 2007.
“Landlord’s Liability for Tenant’s Failure to Pay Its Contractor,” Philadelphia Business Journal, Ask the Legal Professionals April 29, 2005
“The Anatomy of Pennsylvania’s New P3 Infrastructure Act,” Pennsylvania Bar Institute, Philadelphia, PA, August 14, 2013.
“The Seven Deadly Contract Sins,” ABC Eastern Pennsylvania, February 13, 2013
“Construction Defect Defenses,” Defense Association of Philadelphia, PA, October 16, 2012
“Construction Defect Litigation: Claims and Coverage,” Philadelphia Bar Institute, Philadelphia, PA, August 23, 2012
“Letters, Banners, and Rats: Oh My! – Countermeasures for Aggressive Union Tactics,” ABC-NJ, Cherry Hill, NJ, November 2, 2011.
“Mechanics Liens and Bond Claims: A Primer,” Pennsylvania Bar Institute, Philadelphia, PA, August 31, 2011.
“Labor Law for Construction Lawyers,” Pennsylvania Bar Institute, Philadelphia, PA, May 12, 2011.
“New AIA Documents and Introduction to the ConsensusDocs,” Joint Meeting of BCA-SJ, SJMCA, Atlantic City, NJ, May 16, 2008.
“ConsensusDOCS v. A201,” BCA-NJ, Edison, NJ, August 8, 2008.
- Villanova University, J.D.
- Villanova University, B.A.
- Commonwealth of Pennsylvania
- State of New Jersey
- United States District Court – District of New Jersey
- United States District Court – Eastern District of Pennsylvania
Memberships and Organizations
- Endowing Member, National Rifle Association
- Associate Member, Associated Builders and Contractors, Inc.
- Member, Building Industry Association of Philadelphia
- Member, Union League of Philadelphia