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Wally has dedicated his entire 14 year legal career to representing developers and contractors in disputes between themselves, unions, and the government.  Wally has been named one of Super Lawyer Magazine’s “rising stars” for 5 consecutive years. He has successfully litigated hundreds of construction related cases and has counseled clients nationwide on developing and constructing highways, multifamily apartment buildings, professional and collegiate sports stadiums, schools, and uniform planned communities.

As a staunch believer in the Constitution and free enterprise, he has ferociously defended contractors and developers that are threatened, coerced, and bullied by the federal, state, and local government and building trade unions. In 2016, he obtained a landmark jury verdict against a sitting member of Philadelphia City Council for violating his client’s First Amendment Right to free speech.  The case received wide spread media attention and news of the verdict appeared on the front page of Philadelphia’s largest newspaper, the Philadelphia Inquirer.

In 2012, he was asked to represent a high school student who was forcible removed from class for wearing a t-shirt supporting the campaign of Mitt Romney.  Wally successful sued the Philadelphia School District and the teacher for violating his client’s first amendment rights.

In 2010, he obtained a judgment in federal court against the City of Philadelphia for unlawfully seizing his real estate developer client’s property without due process of law with his client receiving significant monetary damages and an award of attorney’s fees.

He regularly assists clients with proceedings involving the Department of Labor, the Office of Federal Contract Compliance Programs (OFFCP), the National Labor Relations Board (NLRB), and the City of Philadelphia Department of Licenses & Inspections (L&I).

He has also successfully defending and stopped numerous illegal picketing campaigns by building trade unions.

His approach is described by the following testimonials:

“[They] got a top-flight lawyer. . . Wally Zimolong”

—— Giordano, Dom (2012, October 19) Lessons for Philadelphia, The Philadelphia Daily News, retrieved from  http://articles.philly.com/2012-10-19/news/34585466_1_teachers-union-pawlucys-philadelphia-federation

“Wally is obsessed with winning.”

—— Real Estate Developer, Philadelphia, PA

“Thank you for everything and your  steadfastness and eagerness and commitment to  represent me with this matter.”

—- Transportation Contractor, Altanta, GA

“As a construction litigation specialist, his service has been immensely valuable to us as we work in markets throughout the United States.  His keen knowledge of construction contracts and case law combined with his tenacity and client loyalty ensures that we will be represented in the best way possible.”

—– Roofing Contractor, Kansas City, MO.

When he is not practicing law, Wally enjoys supply side economics and is a passionate free market conservative who actively supports the Republican Party. His litigation experience includes conservative public interest litigation. He is currently the elected Republican Committeeman for the City of Philadelphia’s 2nd Ward, 10th Division. He also is a member of United States Senator Pat Toomey’s Military Academy Selection Committee. In 2008, he was the elected Republican Candidate for State Representative for the (extremely liberal) 182nd District of Pennsylvania and received more votes than John McCain in the district. In 2008, he also acted as a surrogate speaker for McCain/Palin.

He enjoys trying not to embarrass himself on the golf course, trying not to shoot anyone while hunting, watching college sports, surfing and spending time at his Philadelphia home with his wife, Shannon, and their three children−his son, Wes, a black Labrador Retriever named Bubba and a Havenese named Rebel. They appear indifferent to his political opinions.

For more information about Wally please visit www.supplementalconditions.com .

Wally can be reached at wally@zimolonglaw.com

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.

Reported Decisions

  • Reserve at Packer Park Home Owners Assc. v. Baldi, 2012 WL 8682410 (Pa.Cmmw.Ct. 2012)
  • Bullard v. City of Philadelphia, 2012 WL 460306 (E.D.Pa 2012)
  • V.A.L. Floors v. 1419 Tower, L.P., 2008 WL 1977840 (E.D.Pa., 2009)
  • Quinn Construction v. Skanska USA Building, Inc., 2008 WL 2389499 (E.D.Pa.2008)
  • Philadelphia Construction Services v. Allan Domb, 903 A.2d 1262 (Pa.Super.2006)

Publications

“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

Presentations

“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.

Education:

  • Villanova University, J.D.
  • Villanova University, B.A.

Bar Admissions:

  • 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

  • Member, American Bar Association, Forum Committee on the Construction Industry
  • Member, American Bar Association, Section of Public Contract Law
  • Member, Philadelphia Bar Association, Real Property Section
  • Member, National Rifle Association
  • Associate Member, Associated Builders and Contractors, Inc.
  • Member, Society of American Military Engineers – Philadelphia Post
  • Associate Member, Contractors Association of Eastern Pennsylvania