Partner
Work Fax: 610-828-4887
Cell Phone: 610-834-3454
Mr. Wallack concentrates his practice in the areas of Commercial Litigation, Construction Law and Insurance Coverage and Claims. His clients range from individual clients to closely held local businesses to national corporations. Mr. Wallack represents owners, general contractors and specialty subcontractors in construction-related matters, from contract drafting through project completion and, if necessary, claims submission and dispute resolution. Mr. Wallack also regularly counsels and represents clients with regard to insurance coverage claims and issues. Over the last few years, Mr. Wallack has handled public bid disputes in both Pennsylvania and New Jersey; prosecuted payment claims for contractors and subcontractors on public and private construction projects; defended clients against construction defect claims; represented clients in insurance coverage disputes against national and/or international insurance companies; and assisted clients with contract and other business disputes. His work has included representing clients in litigation before the state and federal courts of both Pennsylvania and New Jersey, as well as in arbitrations, mediations and other types of alternative dispute resolution. Mr. Wallack regularly counsels clients on means and methods to avoid disputes and advises clients on the risks and benefits of litigation and other dispute resolution procedures. He has lectured and written on various topics of construction and insurance coverage law, having most recently given a seminar on Pennsylvania’s Prompt Payment Acts. A graduate of Princeton University in 1990, Mr. Wallack received his J.D. degree, cum laude, from the University of Pennsylvania in 1993.
Representative Matters:
- Obtained significant arbitration award for roofing contractor where project owner failed topay contractor as a result of alleged roofing defects and water infiltration.
- Successfully defended steel erector in multiple lawsuits arising out of partially erected steel bridge collapse.
- Obtained arbitration award in favor of general contractor and against project owner where owner failed to pay contractor as a result of allegedly defective concrete flooring.
- Received arbitration award in favor of residential developer and against development’s general contractor and concrete subcontractor for costs incurred to replace defective concrete sidewalks and driveway aprons.
- Assisted in jury trial of Vanalt Electrical Construction v. Selco Manufacturing Corporation (E.D. Pa.), where the jury found in favor of electrical contractor client and included an award of Eichleay damages for unabsorbed home office overhead.
- Obtained summary judgment for homeowner clients in the matter of Scavello v. Township of Skippack, defeating plaintiffs’ equal protection and conspiracy claims.
- Successfully defeated disappointed bidder’s challenge to national waste disposal company’s public bid for disposal services in local municipality.
- Negotiated favorable settlement for HVAC subcontractor in multiple mechanics’ lien actions after general contractor on projects went defunct.
- Obtained summary judgment for general contractor, defeating HVAC contractor’s delay claims, in the matter of Guy M. Cooper, Inc. v. East Penn School District.
- Defeated class certification and obtained summary judgment dismissal of class action brought against technology provider under national “junk fax” laws and regulations.
- Procured insurance coverage for architect in underlying dispute concerning allegedly defective design of upscale housing development.
- Successfully quashed improper service of process upon Mexican corporation based upon the application of the Hague Convention in Mexico.
- Negotiated favorable settlement for general contractor in building collapse litigation involving project owner, general contractor, subcontractor and respective insurance carriers.
- Assisted in preliminary injunction hearing in public bid dispute, resulting in injunction against contract award to apparent low bidder and award of contract to contractor client.
- Defeated challenge to the enforceability of a common law arbitration award both at the trial court level and on appeal to the Superior Court of Pennsylvania and the Supreme Court of Pennsylvania.
- Drafted construction contracts for significant construction projects on behalf of condominium association clients.
Speeches and Publications
- The Mechanics of Pennsylvania Civil Procedure, National Business Institute (February 2011)
- A Primer on Prompt Payment Acts – Private and Public, Montgomery County Bar Association (September 2009)
- Construction Law Fundamentals: Managing Project Risk, National Business Institute (November 2008)
- Recent Developments in Pennsylvania Construction Damages, The Legal Intelligencer (August 4, 2008)
- Construction Law: What Do You Do When?, National Business Institute (November 2007)
- To Arbitrate or Not to Arbitrate? That Continues to Be the Question, The Legal Intelligencer (August 6, 2007)
- Using a Mechanics’ Lien to Get Your Money, National Business Institute (April 2007)
- Construction Law: What Do You Do When?, National Business Institute (November 2006)
- Using a Mechanics’ Lien to Get Your Money in Pennsylvania, National Business Institute (April 2006)
Professional and Civic Memberships
- American Bar Association, Forum on the Construction Industry, member
- Pennsylvania Bar Association, member
- Montgomery County Bar Association, member
- University of Pennsylvania Law School American Inn of Court, member
- Upper Dublin Education Foundation, Director
- Maple Manor Swim Club, Board of Directors
Past Employment Positions
Associated with the law firm of Drinker Biddle & Reath, LLP (1993-2002)
Personal Interests
Pianist and Percussionist; Little League Baseball Coach and Avid Bridge Player