Profile

Jim’s practice focuses on construction law issues and government procurement matters, with an emphasis on construction and bid issues with PennDOT and DGS.  Jim also maintains a general commercial litigation practice, and regularly litigates construction claims in federal and state courts, AAA arbitration, and before the Pennsylvania Board of Claims.  He also has significant appellate court experience, having successfully argued cases before the Pennsylvania Supreme Court, the Pennsylvania Superior Court, Commonwealth Court, and the United States Court of Appeals of the Third Circuit.

Jim’s construction law practice includes:

  • Preparation of all types of construction claims (delay, inefficiency, acceleration, etc.)
  • Project counseling and claims avoidance advice
  • Contract drafting and negotiation
  • Litigation/arbitration/mediation of construction disputes
  • Bid protest and bid withdrawal issues
  • Mechanic’s liens and payment bond disputes
  • DBE advice/good faith efforts appeals

Jim’s practice also includes a heavy emphasis on all aspects of the public procurement process. He served as an attorney for the Commonwealth of Pennsylvania Department of Transportation for seven years before joining McNees Wallace & Nurick in 1993. Jim’s public procurement practice includes:

  • Evaluating bid documents for compliance with all applicable state and federal procurement laws
  • Providing advice under the Commonwealth Procurement Code and local procurement statutes
  • Providing advice on responses to RFPs and IFBs
  • Filing bid protests on public projects
  • Resolving Prequalification and Debarment disputes
  • Resolving disputes for contractors, service providers, material suppliers, and public bodies on a wide range of procurement issues
  • Providing advice to contractors/vendors and public bodies regarding small business and minority contracting programs
  • Providing advice and guidance on public/private partnerships
  • Resolving Right to Know Request issues
  • Resolving issues under the Steel Products Procurement Act

Jim regularly represents several trade associations, primarily relating to the public construction contracting process. He is counsel to Associated Pennsylvania Constructors, a trade association for the highway construction industry in Pennsylvania. He regularly lectures on issues of construction law and public contracting, and has published dozens of articles on construction issues and public contracting issues, including authoring a regular column in Highway Builder Magazine.

 

 

EXPERIENCE/REPRESENTATIVE CASES

  • Obtained permanent injunction from Commonwealth Court/Pennsylvania Supreme Court with respect to two-step best value bid process on PennDOT projects
  • Obtained multi-million dollar settlement in Board of Claims dispute on PennDOT project in McKeen County
  • Obtained multi-million dollar settlement with respect to arena project in Luzerne County
  • Obtained jury verdict in Dauphin County on behalf of school district against plumbing contractor due to partial utility tunnel collapse
  • Obtained ruling from Third Circuit Court of Appeals that PA Statute requiring construction workers to be PA residents was unconstitutional
  • Obtained dozens of favorable settlements on highway construction contracts for contractors

EDUCATION

Millersville University, B.A., 1983

University of Pittsburgh School of Law, J.D. 1986

HONORS/AWARDS

The Best Lawyers in America®, Commercial Litigation, Construction and Municipal Litigation, 2008-present

Best Lawyers®, Lawyers of the Year, 2015

Local Legal Leader, 2016

Select Lawyers, 2014-present

Lawyers of the Year®, 2014

MEMBERSHIPS

Pennsylvania Bar Association

Dauphin County Bar Association

COURT ADMISSIONS

U.S. Court of Appeals for the Third Circuit

U.S. District Court – Eastern District of Pennsylvania

U.S. District Court – Middle District of Pennsylvania

PA Supreme Court

Bar Admissions

Pennsylvania

Contact Info

Practice Groups