President & Founder
Construction disputes are more than just the written terms of a contract. They involve amended CPM schedules, revised drawings, agreements in the field, implied obligations, and appreciating the importance of what occurred over the course of the project. Nick Schwandner provides legal services tailored to your construction project and your company.
He has litigated bond claims, mechanic’s liens, and contract disputes arising from change orders, delay, acceleration, loss of productivity, differing site conditions, interpretation of specifications, default/convenience terminations and defective work. These claims have ranged from $25,000 to $100 million.
He has resolved contractors’ disputes with other contractors, owners, sureties, as well as insurers.
Nick is a member of the Spirit of Construction Foundation.
- Nick won a $4,000,000 trial judgment for his client, a commercial concrete subcontractor, against a general contractor. The 13-day trial was over delay and interference claims. Nick’s client was awarded its contract balance, labor inefficiency damages, Prompt Payment Act interest, expert witness fees, and attorney’s fees. Nick also successfully defended against the general contractor’s counterclaim for over $1.2 million.
- Won an arbitration judgment for a commercial painting subcontractor that obtained Ohio Prompt Payment Act interest and the subcontractor’s wrongfully withheld retainage.
- Nick won a trial judgment for a commercial flooring subcontractor for the subcontractor’s final payment owed plus attorney’s fees.
- Won a trial judgment against claims by a neighboring property owner for alleged damages caused during construction.
- Nick successfully defended a general contractor and its surety, resolving all Ohio claims against them, after a troubled new hotel project resulted in 18 mechanic’s liens and 8 separate lawsuits.
- Successfully represented a large general contractor against claims by the project owner and owner’s insurer arising from disputed installation quality of plumbing, HVAC, windows, building envelope, and other trades. Won summary judgment for the general contractor against claims for $15.1 million business interruption, $9.2 million stigma, $3.4 million lost equity interest, and $40 million subrogation. Won partial summary judgment against $28.6 million repair costs claim.
- Represented a general contractor in its multi-million dollar performance bond claim after a subcontractor went insolvent mid-project and stopped performing.
- Defended a contractor against its surety’s indemnity action after the project’s owner made a claim on the contractor’s performance bond.
- Won a motion to dismiss that completely dismissed an opposing party’s mechanic’s lien based on contract terms.
- Litigated and obtained payment for clients on numerous payment bond, Miller Act, and Little Miller Act claims.