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Nicholas Poduslenko practices in the areas of complex commercial disputes, construction law, alternative dispute resolution and workouts and creditors' rights. He is a partner in the firm's Litigation Department and leads Obermayer’s Construction Law Practice Group.
Mr. Poduslenko represents banks and financial institutions in foreclosure proceedings and debt collections. He also handles workouts of complex financing projects for banks.
In his role as chair of the firm’s Construction Law Practice Group, Mr. Poduslenko represents owners, subcontractors, general contractors, suppliers, architects, engineers and shopping center owners and developers in a wide variety of construction matters. His work includes managing surety claims, indemnity claims, insurance issues, mechanics liens, bond claims, claims for additional compensation, liability for construction activities, delay claims, impact claims, inefficiency claims, prompt payment, and construction defect claims. He also represents his clients in land use matters.
Mr. Poduslenko also is seasoned in managing complex commercial conflicts, restrictive covenants and contract disputes. He also has extensive experience handling personal injury and product liability matters with a specialty in catastrophic losses. His clients come from a diverse group of industries such as municipal entities and authorities, contractors, developers, car dealerships, software companies, physician practice groups, manufacturers and nonprofits.
In alternative dispute resolution, Mr. Poduslenko has an active ADR practice, serving both as a mediator and arbitrator. He has successfully participated in and resolved several disputes arising out of construction projects, commercial leases and a host of business related contracts.
A representative listing of matters Mr. Poduslenko has handled, include:
- Representation of owners of construction projects in multi-million dollar delay and inefficiency claims brought by contractors.
- Pursuing claims on behalf of a building owner against the designer and builder of a 450,000 square-foot roof atop a bus storage facility.
- Pursuit of design error and omission claims on behalf of owners of construction projects.
- Representation of an architect involving the faulty construction of a $1 million residence.
- Representation of a municipal utility in explosions resulting in catastrophic losses.
- Defense of municipal agencies in claims relating to negligence, premises liability, product liability, explosions, fires and construction failures.
- Defense of law enforcement officials in Section 1983 civil rights claims.
- Representation of nonprofit organizations with regard to claims of director malfeasance.
- Defense of an international manufacturer of wind turbines in a multi-million dollar claim of breach of an exclusive service contract.
- Representation of the owners of a patent for a cord-free phone against various infringers.
- Pursuing a claim under the Pennsylvania Storage Tank and Spill Prevention Act on behalf of a shopping outlet mall owner to recover damages arising out of contamination of the property.
Mr. Poduslenko co-authored “Pennsylvania Home Improvement Consumer Protection Act: Contractors Beware!” (biz570.com; North East Pennsylvania Business Journal, January 8, 2010).
Professional & Civic Activities
- Philadelphia Bar Association
- Pennsylvania Bar Association
- American Bar Association
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