Supplemental Conditions

About

Wally is one of Super Lawyer Magazine’s “rising stars” of construction litigation and has dedicated his entire legal career to representing individuals and companies in the construction industry. 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.

He has a particular emphasis on representing transportation contractors subject to federal and state Disadvantaged Business Enterprise (D/M/WBE) regulations and other regulatory regimes. He is a frequent author and speaker on the impact of these programs on construction firms and has a nationwide DBE practice.

His other area of emphasis is representing contractors and developers that are threatened, coerced, and bullied by the government and building trade unions. He assist clients with proceeding 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). 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 has also successfully defending and stopped numerous illegal picketing campaigns by building trade unions. Recently, he obtained a broad form order from the National Labor Relations Board prohibiting a notorious Philadelphia union from picketing his client on all current and future projects.

His approach is described by the following testimonials:

“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, Atlanta, 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.

Success Stories

  • 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.
  • 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.
  • 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.
  • Represented sheet metal contractor in claim against mechanical contractor for payment owed and interest, penalty, and attorneys fees pursuant to the Pennsylvania Public Prompt Pay Act. Arbitration panel awarded my client the full damages requested, including attorneys fees, interest, and penalty which exceed the original amount of the claim.
  • Represented public works general contractor in multi-million dollar litigation involving the State of New Jersey.
  • 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.
  • Represented regional communications company in United States Federal District Court in litigation for breach of commission agreement against public traded communication service provider.
  • Represented foreign currency hedge fund in State Securities and Exchange Commission anti-fraud claim. Claim was settled in my client’s favor.
  • Obtained ex-parte emergency injunctive relief in Federal Court pursuant to the Computer Fraud Act on behalf of employer against former employee, who was accessing client’s computer and email system after employment was terminated. The matter was successfully settled with a large monetary payment to client.
  • 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.

Reported Decisions

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)

Quinn Construction v. Skanska USA Buildings, Inc., 2008 WL 5187391 (E.D.Pa.2008)

Philadelphia Construction Services v. Allan Domb, 903 A.2d 1262 (Pa.Super.2006)

Community Involvement

  • Chairman, Philadelphia Bar Association Real Property Section, Construction Law Subcommittee
  • Service Academy Selection Committee, United States Senator Pat Toomey
  • 2008 Republican Nominee, State Representative 182nd Legislative District of Pennsylvania,
  • Republican Committeeman, City of Philadelphia, 2nd Ward, 10th Division.

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