Environmental Law Mr. Gricks has significant experience in the assertion and defense of environmental cost recovery and contribution actions, both statutory and common law, on behalf of private businesses. He has also counseled clients extensively on the environmental aspects of acquisitions and divestitures, and has negotiated and drafted the pertinent transaction agreements. Representative matters include:
- Represented thirty-six PRPs as common counsel in negotiating an administrative consent order for the performance of an RI/FS and the subsequent consent decree for the performance of an $8 million remedy and the payment of nearly $4 million in past costs to the United States and the Commonwealth of Pennsylvania
- Defended a $4 million private claim in a bench trial for CERCLA cost recovery and contribution associated with the investigation and remediation of a third party disposal site, resulting in a verdict of less than $100,000
- Defended a $5 million private claim, in a three week combined bench/jury trial, for CERCLA cost recovery, nuisance and negligence related to alleged PCB contamination of a previously-owned facility, and the associated property stigma
- Negotiated and drafted the environmental provisions of a thirty year lease of terminal space with the Port of New York and New Jersey
- Negotiated and drafted the environmental provisions for the sale of multiple integrated gasoline stations/convenience store/car wash facilities
- Represented the owner of a gasoline station in negotiations with the Pennsylvania DEP over a spill associated with tank filling operations that resulted in contamination of a nearby stream
- Presented $36 million demand to the United States for costs associated with environmental contamination related to the operation of three manufacturing facilities during World War II
- Presented $58 million demand to the United States for costs associated with radiological contamination related to the Manhattan Project
Construction Industry Law Mr. Gricks also has extensive experience representing owners, contractors and subcontractors in diverse disputes pending before the American Arbitration Association, as well as both state and federal courts, including claims associated with construction delay, inefficiency, non-payment, performance and payment bonds, mechanics’ liens, the Federal and State Prompt Pay Acts, and the Pennsylvania Contractor and Subcontractor Payment Act. He has negotiated, drafted and counseled clients concerning all aspects of construction agreements. Representative matters in the construction industry include:
- Represented an asbestos abatement subcontractor in a bench trial asserting non-payment of nearly one hundred items of work, as well as delay, wrongful termination and Contractor and Subcontractor Payment Act claims on a Federal renovation project
- Successfully enjoined a contractor to reinstate a subcontractor terminated from a five year, multi-phase project
- Represented an excavation subcontractor in negotiating and drafting all provisions of subcontract agreements for individual projects
- Represented a general contractor in negotiating and drafting all provisions of construction contracts with owners for individual projects
- Represented a fencing subcontractor in a AAA arbitration asserting delay and inefficiency claims, resulting in full recovery for the client
- Represented the general prime contractor on a Pennsylvania high school renovation project in a jury trial asserting non-payment and Contractor and Subcontractor Payment Act claims, and defending against a liquidated damages claim, resulting in a settlement including compensation for attorneys’ fees
Commercial Litigation
Mr. Gricks has established a diverse commercial litigation practice and has significant state and federal appellate experience. He has prosecuted and defended antitrust actions, bankruptcy matters, trademark and copyright infringement claims, defamation actions, employment discrimination claims, insurance bad faith claims, shareholder derivative actions, trade secret actions and unfair competition claims. Among the matters on which he has served are:
- Represented a lender in defending against a breach of fiduciary duty claim associated with the failure of a closely-held steel company
- Participated in the successful reorganization of a landfill construction contractor through Chapter 11 proceedings
- Successfully represented the publisher of a print directory in a copyright infringement action against a competing computerized product
- Represented a minority shareholder against the officers, directors and majority shareholder in an action for breach of fiduciary duty and conversion in the formation of a competing business
- Represented the owner of a sports game in a copyright infringement action to prevent the use and distribution of a competing product utilizing the client’s database structure
- Successfully obtained summary judgment on a nine count complaint claiming an illegal tying arrangement