NICHOLAS D. KOVARIK
member
Nick is a founding member of Piskel Yahne Kovarik, PLLC, and a trial attorney whose practice consists primarily of complex civil litigation, including catastrophic personal injury claims, commercial litigation, property and eminent domain litigation, employment litigation and government liability litigation. He also advises and represents contractors, subcontractors, owners and sureties in all types of construction related disputes. Nick's broad range of experience includes jury and bench trials, as well as numerous arbitrations. Nick has argued before the Washington State Division III Court of Appeals and the Washington State Supreme Court. Nick frequently speaks at employment law and construction law seminars. Spokane Coeur d'Alene Living Magazine has named Nick "One of Spokane's Best Lawyers." In 2010, 2011, 2012, 2015 and 2016, Nick was listed by Washington Super Lawyers Magazine as a "Rising Star" and is rated a "10.0" by AVVO. Further, Nick has been rated by his peers through Martindale-Hubbell as AV-Preeminent.
Originally from Ord, Nebraska, Nick received his Bachelor of Arts degree in philosophy from Creighton University in Omaha, Nebraska. Nick attended law school at Gonzaga University School of Law, where he was an Associate Editor for the Gonzaga Law Review. Nick earned his Juris Doctorate with high honors, graduating summa cum laude and has a published article on public procurement in the Gonzaga Law Review: Piggy-Back Laws: More Bang for Your Buck, An Analysis of How Efficient Public Procurement Laws Benefit Counties, Bidders, and Taxpayers, 39 GONZ.L.REV. 575 (2004).
EDUCATION
Gonzaga University School of Law, J.D. summa cum laude 2004 • Creighton University, B.A. in Philosophy, 2001
ACHIEVEMENTS
Recognized in Washington Super Lawyers Magazine as a “Rising Star” in 2010, 2011, 2012 and 2015 - 2018 and as a “Super Lawyer” in 2019 - Present • Spokane Coeur d’Alene Living – Best Lawyer in Litigation • Rated “10.0” by AVVO • Rated AV-Preeminent by Martindale-Hubbell
ASSOCIATIONS
Gonzaga University Alumni Mentor Program (2010-2015) • Spokane County Young Lawyers (former Trustee) • Inland Northwest Associated General Contractors of America • Associated Builders and Contractors, Inland Pacific Chapter • Spokane County Bar Association • Washington State Bar Association • U.S. District Court for the Western District of Washington • U.S. Bankruptcy Court for the Western District of Washington • U.S. District Court for the Eastern District of Washington • U.S. Ninth Circuit Court of Appeals • U.S. District Court for the District of Montana • U.S. District Court for the District of Colorado • Federal Court of Claims • State Courts of Washington and Montana
REPRESENTATION EXPERIENCE
Represented a developer in successful jury trial against the City of Kennewick for claims of breach of contract and breach of good faith and fair dealing regarding the stoppage of a development project in the Tri-Cities. The jury rendered a $3 million verdict in favor of the developer, and the verdict was upheld at the Washington State Court of Appeals, Division III: Columbia Park Golf Course, Inc. v. City of Kennewick, 160 Wn. App. 66 (2011).
Represented a borrower who held over $1 million worth of personal assets in a commercial work-out involving a condominium project in Spokane. Successfully negotiated release of the personal guarantee by putting the condominium project into receivership and then working with borrower and receiver to market and ultimately sell the project to pay off the debt.
Represented a pipeline subcontractor and its principals in a business/personal work-out in Wyoming. The pipeline subcontractor owed significant funds to subcontractors on a pipeline project in Utah. The claims were successfully negotiated against the general contractor for delays and non-payment, which enabled payment to other subcontractors. Meanwhile, three creditors involuntarily put the pipeline contractor into bankruptcy. During the bankruptcy, an asset sale was successfully negotiated as well as a discounted payoff amount to the various banks, resulting in a workout of over $6 million worth of debt successfully satisfied.
Represented an African-American man in an employment discrimination case against a local car wash franchise. Received a bench trial verdict of over $115,000 for pure emotional distress damages and was awarded attorney fees and costs with a .5 multiplier.
Represented a payment systems consultant in breach of contract action regarding the enforceability of its standard form contract. The case was dismissed at the trial court level, but was successfully overturned on appeal to the Division III Court of Appeals. The Washington State Supreme Court affirmed the Court of Appeals' decision: P.E. Systems, LLC v. CPI Corp., 176 Wn.2d 198 (2012).
Represented numerous individual borrowers regarding work-outs of their personal residences. Those cases were successfully resolved with either a sale of the property or a negotiated modification.
Successfully represented product purchasers on a defective product claim in Lincoln County. Received a jury verdict in favor of purchasers for breach of contract and breach of good faith and fair dealing.
Successfully represented a homeowner and negotiated a settlement in a wrongful death case involving social host liability.