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 an arbitration judgment for a subcontractor that obtained Ohio Prompt Payment Act interest and the subcontractor’s wrongfully withheld retainage.
- Nick won at trial for a subcontractor, obtaining judgment for the subcontractor’s final payment owed plus attorney’s fees.
- Nick 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 mechanic’s lien bond surety, resolving all Ohio claims against them, after a troubled new hotel project ultimately resulted in 18 mechanic’s liens being filed on the one project and 8 separate lawsuits being filed.
- 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.