Mr. Opalinski represents owners, developers, design professionals, prime contractors, subcontractors, material and equipment suppliers and sureties in both the public and private sectors, nationally and internationally, on all types of construction claims before various state and federal courts and arbitration panels.  He has extensive experience drafting construction contracts, advising on contract administration and project management matters, and handling cases involving all types of direct and indirect cost claims, including claims for delay, acceleration, loss of productivity, default, termination, extra work, defective specifications, design errors and omissions, differing site conditions, bid protests, mechanics lien and payment and performance bond claims.

Mr. Opalinski has extensive jury trial, arbitration and mediation experience and has handled such matters as:

• Representation of the Commonwealth of Pennsylvania before the Pennsylvania Board of Claims relating to the State Capitol Addition project involving delay and impact claims by the design professional, five separate prime contractors, numerous subcontractors and a claim of first impression for indemnity and contribution for payments made for delays and disruptions.
• A loss of productivity and lost profits claim in excess of $85 million on behalf of an industrial dismantling contractor relating to numerous steel mill dismantling projects across the eastern part of the United States.
• A two-week jury trial involving a delay and extra work claim on behalf of the general contractor relating to the construction of a luxury high-rise condominium complex in Pittsburgh, Pennsylvania, resulting in a $550,000 award by the jury.
• Representation of the mechanical subcontractor in a nine month trial (the longest trial in the history of Allegheny County) over a delay and impact claim relating to the construction of a Continuous Galvanizing Line, resulting in a $3.6 million recovery and a $460,000 award of attorneys’ fees.
• A $2 million dollar jury award against the City of Youngstown, Ohio relating to the City’s misappropriation of ballast and slag in connection with a client's purchase of an abandoned rail line.
• A $2.8 million dollar recovery and a $1.9 million award of attorneys’ fees, penalty interest and regular interest on behalf of the general contractor in a month long trial against the Board of Public Education of the City of Pittsburgh relating to the construction of the Westinghouse High School.
• A $2.4 million dollar recovery and a $850,000 award of attorneys’ fees on behalf of a pipeline contractor against a gas utility on a claim involving the breach of three blanket utility contracts and an oral settlement agreement.
• A $21 million recovery, including $20 million in punitive damages, after a three-week jury trial in federal court, on behalf of a lessor of underground coal mining equipment against its general liability insurance carrier relating to the loss of the mining equipment when the mine was shut down and then flooded.
• A $750,000 recovery on behalf of the general contractor before the Pennsylvania Board of Claims for the delay costs associated with a five-month suspension of work and a differing site condition/superior knowledge claim relating to unsuitable soils, together with an $800,000 award of attorneys' fees, interest and penalty interest.
• A $600,000 recovery before the Pennsylvania Board of Claims on behalf of the general contractor relating to a wrongful termination by the Department of General Services on the Physical Therapy Building at Slippery Rock University.
• The successful dismissal on summary judgment of a $10 million fraud claim against an Estate relating to an alleged improper accounting treatment of an off balance sheet asset.
• Representation of an Argentinian EPC contractor in connection with various claims asserted on Hydro Electric Power Plant projects in the Philippines and Malaysia.
• A multi-million dollar settlement on the eve of arbitration in favor of a procurement management company against one of the nation’s largest automotive parts suppliers in a claim for wrongful termination of a long-term supply contract and misappropriation of Intellectual Property.

Mr. Opalinski has been recognized by his peers as one of Pennsylvania’s Super Lawyers^® each year from 2004 to 2008.  Only the top five percent of Pennsylvania lawyers receive this distinction and only a select few who specialize in construction law.  In addition, Mr. Opalinski was selected by Super Lawyer Magazine as one of the Top 50 Lawyers in Pittsburgh.  Mr. Opalinski has also been selected for The Best Lawyers in America in both Commercial Litigation and Construction Law.  He holds an AV^® rating from Martindale-Hubbell.

He is author of "Arbitration or Litigation: Selecting the Best Method for the Resolution of Your Construction Dispute," and "Providing Greater Protection to Owners in Construction Disputes," both of which were published in Construction Specifier magazine; "The Owner's Coordination Responsibility on Multiple Prime Construction Projects," published in the Tri State Real Estate Journal; "Claims Detection, Documentation and Avoidance on Renovation Projects," published in Commercial Renovation magazine; "Coordinating Multiple Prime Construction Projects: The Contractor's Perspective," published in the Associated Builders and Constructors magazine; "Payment Bond Claims and Mechanics Liens," published in Construction Litigation; "An Ounce of Prevention: Practical Advice on Improving Your Subcontract" and "Schedule Impact Analysis for Attorneys," published by the Center for Management, Development and Training.

Education:
J.D., Wake Forest University School of Law, 1981 (Magna Cum Laude, Member, Law Review)
B.S. in Criminal Justice, Kent State University, 1978 (Magna Cum Laude)

Admissions:
Pennsylvania; U.S. Supreme Court; U.S. Courts of Appeals for the Third Circuit; U.S. District Court for the Western District of Pennsylvania; Pennsylvania Supreme Court