Jonathan represents owners, prime contractors, and subcontractors on construction projects throughout the nation, and particularly, in the mid-Atlantic region. Jonathan has trial-level experience, including examination and cross-examination of witnesses, presentation of oral argument at motions hearings, and taking and defending of depositions. He has also assisted clients in various stages of dispute resolution, including claim preparation, mediation, and negotiation of claims. Jonathan’s work has involved a wide-range of construction projects, including waste water treatment plants, highways, schools, and municipal water pumping stations.
Jonathan also represents clients in matters involving mechanics’ lien defense and enforcement. In addition to advising clients about their rights under the nuanced mechanics’ lien statutes in Virginia, Maryland, and Washington, D.C., Jonathan has perfected and enforced such liens to extract payments from owners and successor financial institutions withholding payment for work performed on construction projects. On the other side of the coin, Jonathan has defended owners from mechanics’ lien enforcement actions and avoided the owner’s potential double payment for construction work under applicable law.
Jonathan has experience in various non-construction commercial litigation matters involving real property and creditors’ rights. He obtained a preliminary injunction against a condominium association to halt the installation of a cellular telephone array on the top of a condominium complex, then extracted a favorable settlement for an owner of a unit within the complex. Jonathan also has significant experience representing entities in state and federal bankruptcy courts in creditors’ rights litigation matters. In addition to pursuing non-performing debtors, he has also defended companies in bankruptcy matters against aggressive trustee collections actions.
- General Information
- Washington & Lee University School of Law, J.D., 2009
- Washington & Lee University, B.A., Politics and European History, 2003
- New York
- District of Columbia
- American Bar Association
- United States District Court for the Eastern District of Virginia
- United States Bankruptcy Court for the Eastern District of Virginia
- United States Bankruptcy Court for the Western District of Virginia
- United States District Court for the District of Maryland
- United States Bankruptcy Court for the District of Maryland
- United States District Court for the District of Columbia
- United States Bankruptcy Court for the District of Columbia
- Memberships & Affiliations
- General Counsel, National Utility Contractors Association of the District of Columbia
- Member, Advisory Council, National Utility Contractors Association of Virginia
- Publications and Presentations
- Speaker, Architectural Precast Association: “Increasing Profits by Recognizing Legal Risks or How to Avoid Hiring a Lawyer Unless Absolutely Necessary”, September 23, 2018
- Author, Watt, Tieder, Hoffar & Fitzgerald Newsletter, “New Maryland Law Exposes General Contractors to Unpaid Liability for Unpaid Subcontractor Wages”, Summer 2018
- Author, Virginia State Bar Construction Law and Public Contracts Section Newsletter, “How Solid is the Penal Sum of Your Bond in Virginia?”2015-2018: Repr, Spring 2018 (Issue. No. 72)
- Speaker, National Utility Contractors Association of Pennsylvania: “Project Management Fundamentals, Leadership Seminar, Best Legal Practices to Keep Jobs Profitable”, February 9, 2017.
- Speaker, National Utility Contractors Association of the District of Columbia: “From the Trenches: How to Make a Profit and Protect Your Bottom Line”, September 13, 2017.
- Representative Projects
- 2015-2018: Represented wastewater treatment pant prime contractor in actions in Maryland and Pennsylvania on projects in the range of $9 million and litigated actions involving payment disputes, faulty construction plans and specifications, and failure to achieve performance specifications.
- 2018: Represented modern art museum owner on $235 million project in disputes with prime contractor and subcontractor claims exceeding $11 million.
- 2017: Obtained preliminary injunction prohibiting erection of cellular antenna array on condominium development in Ocean City, Maryland and negotiated favorable settlement for client.
- 2017: Successfully defended a national defense contractor facility owner from over $700,000 in potential subcontractor mechanics’ lien claims arising from the bankruptcy of a general contractor and avoided potential double payment to subcontractors.
- 2017: Litigated mechanics’ lien action exceeding $200,000 on behalf of prime contractor in Fairfax County, Virginia and recovered nearly 90% of outstanding claim.
- 2017: Obtained full payment on behalf of material supplier through filing of mechanic’s lien in Fairfax County, Virginia.
- 2017: Represented national surety company in the U.S. Bankruptcy Court for the District of Columbia in effort to disgorge interim compensation payments to trustee and to re-allocate payments to surety on pro-rata basis.
- 2017: Obtained 100% judgment in favor of home remodeling company at trial in Maryland state court from lawsuit by project owner alleging breach of contract for non-conforming work
- 2015-2017: Represented wastewater treatment plant prime contractor in actions in Maryland and Pennsylvania on projects in the range of $9 million and litigated actions involving payment disputes, faulty construction plans and specifications, and failure to achieve performance specifications.
- 2015-2017: Litigated state-court action and subsequent non-dischargeability action in bankruptcy court against recipient of business loan and obtained favorable settlement for client that includes a consent non-dischargeability judgment in the event of default on settlement terms.
- 2016: Obtained 90% exoneration at trial for underground contractor defendant against payment suit from subcontractor in Harford County, Maryland.
- 2016: Counseled international contractor regarding the use of project labor agreements on public-private-partnership project involving construction of Virginia toll roads.
- 2015-2016: Examined witnesses, conducted and defended depositions, and planned strategy as second chair in arbitration concerning scope of work valued at over $7.5 million between earthwork subcontractor, surety, and general contractor involving construction of high school in Loudoun County, Virginia.