Michael Metz-Topodas

Michael Metz-Topodas

Construction Litigation and OSHA Compliance

Select representations include: 

  • A site contractor facing multiple OSHA citations for silica-related violations, including repeat occurrences, even though an investigation revealed the citations lacked full factual and legal basis. Obtained a favorable settlement that reclassified most violations and reduced their penalties.
  • A paving contractor seeking payment for unpaid work performed in response to an unjustified order to remove and replace from the Pennsylvania Department of Transportation. After driving the litigation before the Board of Claims, eventually negotiated a resolution that compensated the contractor and ensured final payment.
  • A self-storage company with two separate project disputes against the general contractor and architect, one involving construction delays and unapproved change order work and the other pertaining to defective work leading to building envelope water infiltration. Achieved a favorable settlement and recovery for both matters in state court litigation.
  • A restoration contractor seeking payment for work performed where the owner withheld payment based on unsubstantiated allegations of defective work. Prevailed at an arbitration hearing, obtaining a full award and interest while defeating all counterclaims.
  • An asbestos abatement subcontractor in a shareholder ownership dispute that concluded with a voluntary withdrawal with prejudice of all claims following a cross examination at trial that elicited multiple plaintiff impeachments. 
  • A concrete supplier in a negligence action against an aggregate transport company that delivered stone contaminated with salt due to failure to clean its trucks. Won a favorable jury verdict and full damages award. 
  • A client enforcing a mechanics’ lien in a low-cost housing renovation project. Defeated preliminary objections by arguing that the purely public purpose exception to lien claims did not apply to the project because it had only partial government funding and financing and limited and discrete public benefit.
  • A general contractor in a dispute with a site subcontractor who alleged wrongful contract termination and unpaid extracontractual work related to two separate wastewater treatment plant projects.  Achieved a favorable arbitration decision denying almost all claims against the client. 
  • A construction business facing a freeze on operations. Defeated petitions for temporary restraints and preliminary injunction by successfully challenging the plaintiff’s alleged oral corporate ownership agreement, allowing operations to continue.
  • A client facing an emergency injunction action to stop work on a public dredging project for shoreline and bay areas. Defeated the injunction, allowing the client to continue the work.
Experience quote