Zimolong LLC

Wally Zimolong has been named one of Super Lawyer Magazine’s “rising stars” for 5 consecutive years. He is a Construction Lawyers Society of America (CLSA) Fellow.

He has successfully litigated hundreds of cases and has counseled clients nationwide on developing and constructing highways, multifamily apartment buildings, professional and collegiate sports stadiums, schools, and uniform planned communities. He has tried numerous cases to verdict and boasts an undefeated jury trial record.

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In what is nothing short of a monumental decision, on January 11, 2019, the Pennsylvania Commonwealth Court in Allan Myers L.P. v. Department of Transportation ruled that nearly all project labor agreements in Pennsylvania are illegal under the Commonwealth’s procurement code. What are Project Labor Agreements? In short, Project Labor Agreements (PLAs) are pre-hire agreements that set the working conditions for all employees of contractors working on a construction project. Typically, a PLA is entered…
Found an old chart I made summarizing the various deadlines for filing Pennsylvania, New Jersey, and Federal Lien and Payment Bond Claim that I used to give out to clients.  It was pretty popular and I am not sure why I stopped giving it out.  Anyway, I updated it and am making it available to anyone on the interwebs that wants to use it.  Of course, this is a very topical summary and you should…
On December 27, 2018, the National Labor Relations Board enforced a decades old policy that a union’s unqualified threat to picket a neutral employer at a “common situs” a/k/a a construction site is a violation of the National Labor Relations Act. Background The case involved area standards picketing by the IBEW of a project owned by the Las Vegas Convention and Visitors Authority (LVCVA).  The IBEW sent a letter to various affiliated unions who were…
A Minnesota federal court recently entered summary judgment in favor of a plaintiff and against a Teamsters local and entered judgment in the amount against for $1,238,315 for the Teamsters’ illegal picketing of plaintiff’s facility. In the case, Sysco Minnesota, Inc. v. Teamsters Local 120, a Teamsters Local – Local 41 – who had no bargaining relationship with plaintiff and did not represent plaintiff’s employees picketed plaintiff’s food distribution facility for one day in November…
I received several emails regarding the expose by Caitlin McCabe and Erin Arvedlund in the Philadelphia Inquirer titled “Rotting Within.”  The story outlines the epidemic of defective stucco and other “building envelope” issues in Southeastern Pennsylvania that is causing homes to literally rot from within.  Having litigated several of these cases, they are frustrating for both the attorneys that handle them and the homeowners who must deal with the reality that their home…
I am pleased to announce that I will be speaking in an upcoming Strafford live webinar, “Negotiating Project Labor Agreements: Key Terms for Managing Costs, Limiting Risks” scheduled for Thursday, November 29, 1:00pm-2:30pm EST. Because of your affiliation with my firm, you are eligible to attend this program at half off. As long as you use the links in this email, the offer will be reflected automatically in your cart. Our panel will…
Back in June, I posted about changes coming to the Pennsylvania Contractor and Subcontractor Payment Act (CAPSA), 73 P.S. Section 501, et. seq. The Act applies to virtually all private construction projects in Pennsylvania.  As of last week (Oct. 10), those changes are effective.  While there is some argument to the contrary, these changes are NOT retroactive and apply to all projects going forward from that date.  To recap, here are some of the important…
A few days ago, IBEW Local 98 began began protesting a restaurant owned by professional football player Jahri Evans. The organizers are accusing Evans of violating local construction wage standards and are advertising their dispute with “handbills.” What are handbills? Walking down Fremont Street in Las Vegas is impossible without one or several characters putting a small business card with “questionable” adult entertainment advertisements in your hand. Some will slap papers to your…
One of the most powerful weapons in labor’s arsenal is a strike.  Like most powerful weapons there is a dichotomy in a strike. On one hand, it can bring about concessions from management that labor seeks.  On the other hand, it can permanently change the relationship between management and labor.  However, one thing is certain, strike are – to put it mildly – chaotic. During this chaotic period, employees and employers may wonder what rights…