John S. Wojak, Jr.

Partner

  • John S. Wojak, Jr.
  • Phone: +1 212 692 1001

    Import to Address Book

  • Duane Morris LLP
    1540 Broadway
    New York, NY 10036-4086
    USA
  • Duane Morris LLP
    230 Park Avenue, Suite 1130
    New York, NY 10169-0079
    USA

John S. Wojak, Jr. practices in the area of construction law. Mr. Wojak has over 25 years of experience in construction contracting, litigation, dispute resolution and avoidance, and counseling. He has litigated or arbitrated cases involving contract formation, breach of contract, defective or failed materials and structural systems, extra work, delays, acceleration, inefficiency, changed conditions, incomplete design, defective design, abandonment, payment and performance bonds, lien foreclosure and priority, utility interferences, joint ventures, public bidding, tortious interference with existing or prospective contract, and prevailing wages as well as a broad range of other types of claims encountered in today's complex construction industry. Mr. Wojak has handled these types of claims in both the public and private sector, as prosecution and defense, and from the varying vantage points of owners, contractors, subcontractors, design professionals and sureties. His active litigation experience involves numerous trials, both jury and non-jury, complex arbitration proceedings, extensive motion practice, and briefing and arguing appeals in both state and federal courts. His experience has included close work with engineering, architectural and scheduling consultants on matters including material failures, structural failures and delay analysis. In addition, he has devoted considerable time to contract negotiation and to general business counseling.

Mr. Wojak is a cum laude graduate of Fordham Law School and Dartmouth College.

Areas of Practice

  • Construction Law

Representative Matters

  • Represented a developer in securing the replacement of over 20,000 defective exterior stone facade panels on a 50-story New York high-rise condominium; the construction manager will, at its own cost and at no cost to the client, procure and install an entirely new building facade, and the client will receive the majority of the remaining proceeds of a performance bond provided by the initial facade contractor. The transaction also included negotiations with the project lenders, the New York City Department of Buildings, and the New York City School Construction Authority.

  • Obtained a rare reversal by the New York City Office of Administrative Trials and Hearings (OATH) on behalf of Gilston Electrical Contracting LLC in connection with a decision by the New York City Comptroller's Office denying Gilston's claim for additional costs for changed work on a power generation project at an upstate reservoir. The contracting agency initially rejected the claim, finding that the changed specifications were "performance specifications" only and that Gilston was responsible for all costs to meet those requirements. Gilston contended that the changed work included "design specifications," and the OATH panel agreed, awarding Gilston the full value of its claim.

  • Represented a university in a dispute against its terminated construction manager relating to the construction of a new athletic building.

  • Represented a hospital and its construction manager defending breach of contract and tortious interference claims from bypassed contractor arising from the financial restructuring of a project to construct a cogeneration plant.

  • Represented a general contractor defending an owner's delay claim relating to design changes in the relocation of a private school to a new facility.

  • Represented a university in preparation of construction documents for a new visual arts building.

  • Represented a major subcontractor in six month multiparty arbitration involving delay and cost overrun claims on a multipurpose project including a 60-story high rise office tower, luxury hotel, retail mall and underground garage.

  • Represented a contractor in a dissolution and wind-up dispute with its joint venture partner relating to work at a major public sports facility.

  • Represented a contractor in contract preparation, advice and dispute resolution relating to both public owners and subcontractors on numerous school construction projects.

  • Represented an owner-sponsor of a high profile condominium conversion against purchasers' and board's defective work and design claims.

  • Represented a structural engineer against claims regarding the sufficiency of structural attachment of exterior stone façade on iconic high rise office tower.

    • Appellate Decisions

  • Klein v. Civale & Trovato (In re Lionel Corp.), 29 F.3d 88 (2d Cir. 1994)
  • C.H. Sanders Co., Inc. v. BHAP Housing Dev. Fund Co., 903 F.2d 114 (2d Cir. 1990)
  • Silverite Constr. Co. v. Montefiore Med. Ctr., 239 A.D.2d 336 (1st Dept. 1997)
  • Matter of Assay Partners v. Econowatt Corp., 176 A.D.2d 180 (1st Dept. 1991)

Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Western District of New York

Education

  • Fordham University School of Law, J.D., cum laude, 1986
  • Dartmouth College, A.B., cum laude, 1983

Experience

  • Duane Morris LLP
    - Partner, 2008-present
  • Thelen LLP
    - Partner
  • Ross & Cohen LLP
    - Partner

Honors and Awards