Nicholas V. Fox

Of Counsel

Profile

Nick’s practice focuses on the commercial construction industry where he regularly represents project owners and contractors involved in complex construction projects. Prior to becoming a lawyer, Nick worked as a project manager for a large commercial general contractor serving the Washington D.C. and Baltimore metropolitan areas. Nick brings his first-hand industry experience to his construction law practice.

Nick is particularly experienced in the drafting of commercial construction contracts; in this capacity he counsels numerous large institutions spanning a variety of industries. Nick has served on a task force to promulgate industry standard construction contract templates, and he remains up to date on recent developments in this area. In addition to contract matters, Nick also counsels trade associations that represent manufacturers of construction materials.

When disputes arise, Nick represents clients before federal and state courts as well as arbitral and administrative tribunals. Nick is well-versed in a broad array of construction law disciplines, including the various prompt payment statutes, prevailing wage and MBE/WBE/DBE requirements, surety bonds, and he has a particular interest in mechanics’ lien matters. Nick regularly lectures and publishes articles on mechanics’ lien claims, project delivery methods, OSHA matters, and construction contracting strategies.

EXPERIENCE/REPRESENTATIVE CASES

  • Outside counsel for construction programs at several colleges and universities; overhauled construction contracting program for nationally prominent liberal arts college.
  • Outside counsel to international trade association for manufacturers of pipe products.
  • Defended owner of large interstate pipeline in construction dispute with general contractor alleging delay claims.
  • Represented multi-national telecommunications company in administrative enforcement action relating to Pennsylvania procurement contracts.
  • Pennsylvania counsel to national fitness center chain in construction related matters.
  • Represented multi-state retail developer in tenant lease dispute and in tenant’s subsequent federal bankruptcy proceeding.
  • Drafted lien waiver provisions in front end documentation for $1B EPC facility; advised project owner on state and local licensure requirements.
  • Successfully defended multi-national HVAC equipment manufacturer in product defect litigation.
  • Represented owner of $18M public facility project and favorably arbitrated claims exceeding $1M for alleged delays and unpaid change orders asserted by general contractor.
  • Favorably settled claims from HVAC contractor on $15.1M public facility project.
  • Recovered $1M in a mechanics’ lien action for specialty subcontractor on interstate natural gas pipeline project.
  • Recovered $300,000 in a mechanics’ lien action for equipment supplier to oil and gas industry.
  • Recovered $1M in a mechanics’ lien action for shoring supplier to Philadelphia casino project.

EDUCATION

The Pennsylvania State University, Smeal College of Business, B.S., Operations and Information Systems Management (OISM)

The Pennsylvania State University, The Dickinson School of Law, J.D., Editor-in-Chief, The Yearbook on Arbitration and Mediation

MEMBERSHIPS

American Bar Association – Forum on Construction Law

Pennsylvania Bar Association

Dauphin County Bar Association

COURT ADMISSIONS

United States Court of Appeals for the Third Circuit

United States District Court for the Eastern District of Pennsylvania

United States District Court for the Middle District of Pennsylvania

United States District Court for the Western District of Pennsylvania

All Pennsylvania courts

Bar Admissions

Pennsylvania

New Jersey

PUBLICATIONS

August 21, 2019 - When Construction Results in a Catastrophic Loss—Is There Insurance Coverage?
The Legal Intellegencer

April 10, 2019 - Construction Projects on the Horizon? Best Practices for Efficient and Effective Contract Management
Corporate Counsel Business Journal

May 2, 2017 - Cybersecurity Threats in the Construction Industry
The Voice

January 27, 2017 - Changes to Pennsylvania’s Mechanics’ Lien Law
The Legal Intelligencer

November 4, 2014 - Pennsylvania Overhauls Mechanics' Lien Law with Creation of State Construction Notices Directory
Breaking Ground Magazine

May 1, 2014 - Crane Safety: Does Federal Regulation of Crane and Hoisting Operations Preempt State and Local Regulation?
The Voice

SPEAKING ENGAGEMENTS

April 3, 2018 - Urban Land Institute

April 1, 2017 - Change Orders and Extra Work - Payment Issues Disentangled

PRESS RELEASES

June 4, 2018 - Attorney Nicholas Fox Joins McNees Wallace & Nurick LLC

Contact Info

Practice Groups