PennDOT/Civil/Construction Case Experience/Articles

Litigation is not always the best route for a client. However, the ability to litigate is a critical part of representing a client’s interests. Published Opinions evidence experience.

The following cases illustrate the firm’s PennDOT, Municipal and Civil Litigation experience.

Supreme Court

Empr’s Ins. of Wausau v. DOT, 865 A.2d 825 (Pa. 2005)

Leading Pennsylvania Supreme Court case on equitable subrogation and Board of Claims jurisdiction. After being remanded to the Board of Claims, the case was eventually dismissed.

Commonwealth Court

1400 N. Third St. Enters. v. City of Harrisburg License & Tax Appeal Bd. , 175 A. 3d 450 (Pa. Cmwlth. 2017)

Attorney Wilson’s client prevailed where the Commonwealth Court affirmed reversal of a City Board decision not renewing a business license as a method of regulating a business with a liquor license where the Court concluded that the City of Harrisburg’s actions were preempted by state law and the actions violated Due Process.

Wayne Knorr, Inc. v. DOT, 973 A.2d 1061 (Pa. Cmwlth. 2009)

(also nationally published in the LEXIS/NEXIS CONSTRUCTION LAW DIGEST)

Firm counsel representing the public owner, achieved a result that was less than the amount the owner was willing to pay and significantly less than the last demand by the contractor. Matter involved a ten day trial before the Board of Claims.

Collinson, Inc. v. DOT, 959 A.2d 480 (Pa. Cmwlth. 2008)

Representing the public owner, firm counsel succeeded defending a bid protest based upon the protest being filed late.

Cummins v. DOT, 877 A.2d 550 (Pa. Cmwlth. 2005)

(also nationally published in the LEXIS/NEXIS CONSTRUCTION LAW DIGEST)

Similar to Collinson, the Court affirmed the agency decision determining that the bid protest was filed late.

Tri-State Asphalt Corp. v. DOT, 875 A.2d 1199 (Pa Cmwlth. 2005)

Representing the public owner, this case illustrated that the Board of Claims has the power to dismiss a case for the non pros of an action – meaning the Plaintiff litigant has not moved the matter forward.

Glasgow Inc. v. DOT, 851 A.2d 1014 (Pa. Cmwlth. 2004)

(also nationally published in the LEXIS/NEXIS CONSTRUCTION LAW DIGEST)

Representing the public owner, firm counsel prevailed in an en banc decision (winning by a vote of 4-3), involving an agency’s mandatory rejection of a bid for failing to submit DBE information timely.

Cummins v. DOT, 845 A.2d 983 (Pa. Cmwlth. 2004)

Representing the public owner, this case involved the then new ECMS electronic bidding system where a bidder alleged that its bid was the low bid, but the electronic bidding system had an error preventing the bid from being opened. The Court determined that the decision to reject all bids and re-bid this matter was not an abuse of discretion.

Common Pleas Court

PennDOT v. I.A. Construction Corp, 122 Dauph. 430 (2005)

Firm counsel in representing the Commonwealth, prevailed against an insurance company and contractor for failing to defend a case involving the Commonwealth as a defendant. Resulted in attorneys’ fees for the Commonwealth.

Jones v. Early, 49 Pa. D. & C.4th 375 (2000)

This case established the threshold for prejudice necessary for a dismissal of an action for non pros.

Selected Construction Presentations and Articles

Instructor, Winter School District 11-0 (Pittsburgh) Legal Issues for Inspectors (2003)
Five-time Panelist, Yearly Construction Meeting: Developments in Construction Law (2004-2008)
Instructor, Winter School District 3-0 (Montoursville) Legal Issues for Engineers and Inspectors (2005)
Panelist, Associated Pennsylvania Constructors Yearly Meeting – Prequalification Matters (2005)
Co-Chair of OGC Bid Protest Practice Group 2006-8 (performed various presentations in that timeframe)
Instructor, Training in Legal Issues for New PennDOT Inspectors (Harrisburg) (2008)
Panelist, Associated Pennsylvania Constructors Yearly Meeting (Hershey) Subcontractor Forum (2008)
Panelist, Associated Pennsylvania Constructors Yearly Meeting (Hershey) Subcontractor Forum (2010)
Participant in multiple disaster related meetings/and presentations (2011)
Mid-Atlantic Builder’s Exchange Article Writer and Forum Participant (2013)
Central Pennsylvania Business Journal Construction Law Columnist (2013)
Participant in Small Business and Disadvantaged Business Enterprise Forum (2015)

Highway Construction Cases and Articles Involving Attorney Wilson

Municipal Cases with Attorney Wilson’s involvement

1400 North Third Street v. City of Harrisburg, 2016 CV 3828

Obtained a reversal of City Board decision to close a bar, obtained injunctive relief keeping the bar open during the proceedings.

Lakeview Loan v. Haikalis, 2015 CV 2540 (Carbon County CCP)

Defeated an attempt by an international bank to set aside a sheriff’s sale.

Carusone v. City of Philadelphia, 29 EAP 2004, 69 EM 2004

Supreme Court injunctive matter involving the City of Philadelphia where Attorney Wilson’s client prevailed.

Municipal and Liquor Case Articles involving Attorney Wilson

Other Case Examples

In 2013, obtained time extension for contractor and work order for highway construction contractor without the need of a filing.
In 2013, Obtained settlement for municipality on construction claim for less than the municipality would have paid.
In 2014, assisted client obtaining DBE status after one year of being denied that status without the need for litigation.
In 2015, assisted an engineering firm in a high profile suspension/debarment matter.
In 2015, obtained DBE status for a client initially denied.
In 2016, assisted a client in obtaining prequalification and multiple codes.
In 2017, provided guidance to a Bulletin supplier for approval of a product.
In 2018, assisted a client with a transaction enabling the contractor to become a General Highway Contractor for prequalification purposes.