Mr. Nowak is a civil trial lawyer with a concentration in construction litigation. He is a member of the Academy of Trial Lawyers and has prosecuted cases in state and federal courts and before government agencies. He principally represents owners, contractors, architects, engineers, public agencies and insurers in public, private, commercial, industrial and institutional construction projects ranging in value from $200,000 to $320 million. Mr. Nowak has represented clients in construction disputes involving jails, airports, transit systems, cogeneration power plants, steel mills, petrochemical plants, bridges, commercial buildings and sports complexes. He has litigated claims for delay, acceleration, disruption, impact, personal injury and property damage. Mr. Nowak serves as an arbitrator and a mediator. He is on the AAA Construction MASTER Arbitrator Roster consisting of the 100 most qualified and experienced arbitrators with construction industry experience, and he also serves on the AAA Mediation Panel. In 2005 and 2006, Mr. Nowak was named a Pennsylvania Super Lawyer, and he was named to the 2006 edition of The Best Lawyers in America. Mr. Nowak serves as a course planner and faculty member for seminars and has authored articles in his area of practice.
Construction Litigation
Recovered $1 million for the Allegheny County Airport Authority from demolition contractors and an engineering firm, related to the release of asbestos during the demolition of the old Pittsburgh International Airport.
Obtained a favorable ruling from Justice Souter of the United States Supreme Court permitting the demolition of the old Pittsburgh International Airport.
Obtained a TRO in state court and settlement in international arbitration in excess of $2 million for an engineering/automation contrator of two continuous pickling and annealing lines.
Represented a Korean EPC contractor in an action to recover amounts on a letter of credit for a $320 million power plant project in Israel.
Tried various multi-million-dollar construction cases to verdict in West Virginia state and federal courts involving a cogeneration plant.
Defended Allegheny County in a $75 million construction litigation involving the County jail, resulting in a mediated settlement.
Represented precast subcontractors in a $60 million litigation involving the construction of the Pittsburgh International Airport, resulting in a mediated settlement. Client paid nothing on the claim against it and received $100,000 on the counterclaim.
Obtained a directed verdict in Pennsylvania state court in a $13 million property damage case involving construction of the Pittsburgh Subway.
Represented a general contractor in all property damage cases arising out of the Pittsburgh Subway construction.
Obtained defense verdict in extra work claim in AAA arbitration proceeding.
Mediation/Arbitration
Mediated general contractor’s claim against a water authority involving construction of tanks and building.
Mediated general contractor and steel fabricator’s claim against a county involving the construction of a courthouse.
Mediated residential construction claim.
Arbitrated a dispute involving drilling contractor and general contractor on a lock and dam project.
Arbitrated a dispute involving bidder and owner in construction of a hotel.
Arbitrated a dispute involving contractor and owner in construction of office building.
Arbitrated a dispute involving contractor and owner in the renovation of a country club.
Arbitrated a dispute involving claims by a contractor on a school foundation project.
General Litigation
Settled a multil-million dollar personal injury case with no payment to the plaintiff.
Successfully litigated a commercial case in a two-week non-jury trial, obtaining a verdict of $235,000 and a defense verdict on plaintiff’s multi-million dollar counterclaim.
Successfully negotiated a consent order and agreement with state and local environmental agencies, reducing the penalty from $3,125,000 to $125,000, and enabling an automoile shredder business to continue to operate.
Successfully represented a title insurance company in a default judgment and sanction action, avoiding damages of $2 million.
Prosecuted an election challenge involving a Pittsburgh City Council seat.
Acted as co-counsel in the defense of attorneys before the PA Disciplinary Board and U.S. District Court.
Represented a township in a federal RICO action against developers and obtained a $300,000 settlement.
Represented the County in an action by a school district that attempted to impose a parking tax on a County airport parking facility, case was ultimately determined by the Pennsylvania Supreme Court.
Argued before the Pennsylvania Superior Court, Commonwealth Court and Supreme Court of West Virginia.
Prepared briefs and assisted in preparation of argument before the Supreme Court of Pennsylvania and Fourth Circuit Court of Appeals.
