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 Edward P. Yankelunas
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Mr. Yankelunas is a Partner at Damon & Morey LLP,
practicing in the firm’s Business Litigation and
Insolvency
Department. He works primarily with corporate and business clients
on complex construction litigation and commercial litigation involving a
variety of business disputes and has extensive litigation experience in
both state and federal courts. His construction litigation experience
includes cases handled on behalf of public and private owners,
developers, prime contractors and subcontractors. He is also involved in
the defense of claims against sureties on payment and performance bonds
and other litigation involving bonding issues. He is currently handling
a matter which involves the prosecution of claims on behalf of a water
district relating to defective vertical turbine water pumps. Other
significant construction-related matters include:
- The recent settlement of a $1.2 million claim in U.S. District
Court in Cleveland involving a $40 million Tandem Cold Mill Project in
Alabama.
- A $325,000 settlement obtained on behalf of a plumbing contractor
on a claim against a public owner after developing evidence of
intentional concealment of asbestos contamination that impeded the
contractor’s work.
- The defense of a major construction company from Boston and its
surety in litigation involving construction of the School of Medicine
Building at SUNY of Buffalo; settled claims by eight
sub-subcontractors at a significant discount and obtained summary
judgment dismissing a payment bond claim asserted by one
sub-subcontractor and the claims of the defaulting subcontractor.
- An action in state court in Michigan involving claims of an
asbestos abatement contractor against a steel manufacturer concerning
asbestos abatement work performed in main utility tunnel servicing the
steel manufacturer’s facilities and the Ford Motor Company assembly
plant in Dearborn, Michigan. Obtained a settlement involving a net
recovery.
Mr. Yankelunas is also
involved in the negotiation and drafting of construction contracts and
liquidating agreements and has handled the filing of numerous mechanic’s
liens.
He recently presented a
lecture to the Construction Exchange of Buffalo and Western New York on
“Extra Work, Changed Conditions and Delay Claims” and to members of the
National Association of Women in Construction on “Construction Safety.”
He has lectured members of the Erie County Bar Association on the
West-Fair v. Aetna case relative to the enforceability of
“pay-if-paid” clauses in construction contracts and obtained the first
reported federal trial court ruling applying the Hague Evidence
Convention to a discovery dispute after the U.S. Supreme Court’s
decision in the Societe Nationale Industrielle Aerospatiale case
in which the Court prescribed guidelines for the Convention’s
application in the United States.
Mr. Yankelunas is a member of the Erie County Bar Association and is
admitted to practice in all New York State Courts, U.S. District Court
and U.S. Bankruptcy Court.
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Contact Information
Buffalo Office
Direct Dial: (716) 858-3748
eyankelunas@damonmorey.com
Concentrations
Appellate
Commercial Surety
Construction
Insurance Defense
and Coverage
Personal Injury
Defense
Products
Liability
Education
State University of New York at Geneseo - B.A., 1978
State University of New York at Buffalo - J.D., 1982 (Senior Editor,
Buffalo Law Review, 1981-1982)
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