Brian-loty-2019
Brian-2025

Mr. Davidson’s practice is concentrated in the area of complex commercial litigation with an emphasis on construction industry litigation. He has represented domestic and foreign corporations as lead counsel in international (ICC, UNCITRAL, AAA, London Court of International Arbitration, and AD HOC) arbitration proceedings, as well as federal and state court proceedings. With over thirty years of legal experience, he regularly represents owners, general contractors, subcontractors and suppliers in disputes involving claims for unpaid invoices and proposed change orders, delays, lost productivity, liquidated damages, construction defects, cardinal change, force majeure, letters of credit, parental guarantees, payment and performance bonds, and terminations. Mr. Davidson has been involved in negotiating, drafting and providing risk assessments of construction industry contracts for numerous projects, including complex engineering, procurement and construction (EPC) contracts. He has been involved in several multi-billion dollar domestic and international industrial projects, including tunneling, high-speed rail, pipelines, modules, steel, offshore oil and gas, chemical, LNG, commercial projects, and power facilities. His practice has included counseling regarding insurance coverage for construction industry claims under builders’ risk policies, construction all risk, commercial general liability policies, and professional liability policies. His insurance industry practice also includes arbitration and counseling experience in the areas of professional liability, boiler and machinery insurance, and facultative and treaty reinsurance. He has been recognized by his peers as a Best Lawyer in Construction Law since 2010, and the “Lawyer of the Year” in Construction Law in Pittsburgh in 2019. Mr. Davidson brings his experience and strategic legal thinking to assist his clients in resolving complex legal disputes.

Professional Background

  • Founding Partner, Dingess, Foster, Luciana, Davidson & Chleboski LLP, March 2010 – Present
  • Partner, K&L Gates, 2004 – February 2010
  • Associate, K&L Gates, 1994 – 2003

Representative Engagements

  • Lead arbitration counsel for a Canadian general contractor and its Italian parent company in an ICC Arbitration seated in Calgary, Alberta, Canada. The arbitration involved a contract for the construction of a natural gas pipeline across British Columbia, Canada.  The contractor asserted claims for breach of contract, wrongful termination, and quantum meruit.  The owner asserted counter-claims against the contractor for breach of contract, negligence, willful misconduct and default.  The owner also asserted a breach of contract claim against the Italian parent company under the Parental Guarantee it furnished in connection with the project.  The aggregate value of the claims and counter-claims asserted in the arbitration was in excess of CAD $1.5 Billion. The matter involved complex international discovery and data management issues, including strict adherence with the requirements of the European Union’s General Data Protection Regulation for the production of tens of thousands of documents from the server of the Italian parent company to respond to more than 70 Stern Requests.  The matter was scheduled for three weeks of hearings before a three-member ICC Arbitration Panel.  The matter was resolved favorably to our clients prior to the commencement of the arbitration hearings.
  • Lead trial counsel for a joint-venture general contractor in an arbitration conducted pursuant to the California Office of Administrative Hearings.  The contractor asserted claims for breach of contract against a State agency arising out the construction of a multi-billion dollar high-speed rail project in the California Central Valley.  Following hearings conducted in San Francisco, California, the three-member Arbitration Panel issued an award favorable to the Contractor.  The arbitration award resulted in the contractor’s recovery of damages in excess of $150 million.
  • Lead arbitration counsel for a Canadian general contractor in an ICC Arbitration seated in Calgary, Alberta, Canada. The arbitration involved a contract for the development and construction of a propane dehydrogenation and polypropylene upgrading facility, located in Sturgeon County, Alberta, Canada. The general contractor asserted claims against the Project owner in excess of CAD $50 million for breach of contract for unpaid additional work, delay damages and inefficiencies, and wrongful termination.  The owner asserted counter-claims against the general contractor arising out of an alleged default under the contract in amount in excess of CAD $17 million.  Following multi-week hearings conducted in Calgary, the three-member ICC Arbitration Panel issued an award favorable to the Contractor, including a full award of costs.
  • Lead arbitration counsel for a steel fabricator and supplier based in Thailand in an arbitration conducted pursuant to the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association.  The steel was fabricated in Thailand and shipped to the United States for use in the construction of an ethylene cracker plant located outside of Pittsburgh, Pennsylvania.  The steel fabricator/supplier asserted claims for breach of contract against the contractor seeking monetary damages in excess of $5 million for unpaid invoices. The contractor asserted counter-claims for alleged defects in an estimated amount in excess of $20 million.  Following the hearings conducted in New York City, the three-member arbitration panel rendered an award favorable to the fabricator/supplier.
  • Lead trial counsel for Steel manufacturer in dispute with lead electrical contractor on a steel mill refurbishment project.  The electrical contractor filed a lawsuit against the Steel manufacturer in the Court of Common Pleas of Allegheny County, Pennsylvania asserting claims for breach of contract, unjust enrichment, fraud in the inducement, and breach of the Pennsylvania Contractor and Subcontractor Payment Act.  The steel manufacturer filed a counterclaim asserting a claim for breach of contract for the electrical contractor’s failure to complete its scope of work in accordance with the contract deadlines.  The case is currently pending. 
  • Lead trial counsel for a joint venture design-build contractor arising out of the design and construction of a 57-foot bored tunnel in downtown Seattle, Washington.
  • Lead trial counsel for a general contractor in connection with disputes arising out of the construction of new high school complex.  The matter, which was pending in the Court of Common Pleas of Allegheny County, Pennsylvania, was settled favorably to the contractor. 
  • Lead trial counsel for the owner of an industrial complex in connection with disputes arising out of the design, construction and failure of components of the complex.  The matter was resolved satisfactorily to the owner. 
  • Lead trial counsel for a multinational engineering and construction company in connection with disputes arising out of a module fabrication and assembly project for an oil sands hydrogen project in Alberta, Canada.  The disputes were subject to an Ad Hoc arbitration conducted pursuant to the Alberta Arbitration Act before a three-member arbitration panel. 
  • Lead counsel for a multinational engineering and construction company regarding the design, procurement, construction and installation of a flue gas desulfurization system (scrubbers) at a coal-fired power plant in Texas with a contract value of approximately $193 million.  Represented the contractor in disputes with the owner with respect to the contractor’s claims for delays, additional work and unpaid invoices, and the owner’s claims for defective work and liquidated damages.  The disputes were subject to litigation in the courts of Texas.  The matter was resolved favorably for the contractor prior to the commencement of litigation.
  • Lead counsel for the owner of a coal-fired power plant in connection with ongoing disputes and claims with the contractor and designer arising out of the design, engineering, procurement, construction, supply, installation and start-up of a flue gas desulfurization system.
  • Lead counsel for a multi-national engineering and construction company in connection with disputes arising out of the design, fabrication, supply, installation and start-up of a super-critical steam generator for use in a 750 MW, coal-fired power generation unit.  The disputes, which were subject to arbitration pursuant to the American Arbitration Association Rules, were resolved prior to hearings through a series of settlement agreements. 
  • Lead counsel for a subcontractor in connection with disputes with the EPC Contractor arising out of the construction of The Panama Canal – Third Set of Locks Project.  The matter, which was subject to ad hoc arbitration under the UNCITRAL Arbitration Rules (1976), was settled favorably to the subcontractor prior to the commencement of arbitration.  
  • Lead counsel for a multinational engineering and construction company regarding an offshore oil & gas project dispute with respect to subsea flow line issues.  The dispute which involved claims in excess of $100 million was subject to ad hoc arbitration under the UNCITRAL Arbitration Rules (1976) before a three-member international arbitration panel.
  • Lead counsel for one of the world’s largest multinational engineering and construction companies in connection with disputes arising out of a lump-sum, turnkey contract for the engineering, procurement, fabrication, transportation and construction of a $1.7 billion gas to liquids facility in Nigeria.  Assisted the EPC Contractor in identifying, developing and evaluating delay and extra work claims against the project owner with an aggregate value in excess of $200 million. The claims were subject to arbitration administered by the London Court of International Arbitration under the UNCITRAL arbitration rules. However, these disputes were resolved amicably prior to the commencement of arbitration proceedings.
  • Counsel for one of the world’s largest multinational engineering and construction companies with respect to over $1 billion in total claims on a single mega-project. The dispute centered on one of the world’s largest offshore oil and gas projects with an initial contract price of over $2.5 billion. The adversary was the national oil company of Brazil. Responsible for the development and management of various aspects of this matter. The engagement spanned a period of ten years (2001-2011) and required extensive worldwide travel, including travel to South America and Europe. While all disputes were subject to ultimate resolution under the UNCITRAL Arbitration Rules (1976), all disputes, with the exception of one, were resolved through a series of settlements without the necessity of formal arbitration proceedings. The settled disputes involved issues concerning engineering and construction changes an delays, claims of cardinal change, liquidated damages for delay, schedule analysis and claims of time and money entitlement, international letters of credit, value added tax (VAT) claims, force majeure claims and project finance issues in connection with a worldwide syndicate of commercial and national banks. Mr. Davidson was co-lead arbitration counsel for the remaining unresolved dispute with a value in excess of $100 million.
  • Counsel to the consortium of international engineering and construction companies acting as the EPC contractor for the design, construction and start-up of an US$800 million chemical complex located in Rio de Janeiro, Brazil. The complex consists of a 520,000 MTA light feedstock steam cracker facility for the production of polymer grade ethylene, integrated with a 540,000 MTA high density and linear low density polyethylene swing plant, with two single gas reactor Gas-Phase lines. Mr. Davidson assisted the consortium in identifying, evaluating and presenting claims against the project owner and evaluating the owner’s counterclaims. All disputes were subject to arbitration in New York, New York under the American Arbitration Association’s Construction Industry Rules and Procedures for International Commercial Arbitration.
  • Lead Counsel for subcontractor in an ICC arbitration arising out of the design, supply, installation, commissioning, check-out and testing of a two stand reversing mill and equalizing furnace for a flat roll products mini mill in Ostrava, Czech Republic. The subcontractor asserted claims in the aggregate amount of approximately $20 million for unpaid invoices, additional work, and value added tax. In addition, the contractor asserted counterclaims in the amount of approximately $12 million. Following the hearings conducted in Vienna, Austria, the arbitration panel rendered an award favorable to the subcontractor.
  • Counsel for EPC Contractor in a series of ICC, AAA and UNCITRAL arbitrations and federal court proceedings arising out of the engineering, procurement, and construction of $300 million mini strip mill in Samutprakarn, Thailand. Several months into the project, the owner suspended and eventually terminated the project as a result of its financial difficulties. Mr. Davidson represented the EPC Contractor as the claimant in an UNCITRAL arbitration against the project owner involving claims for damages arising out of the termination in the approximate amount of $50 million. Mr. Davidson also represented the EPC Contractor in the defense of claims asserted in numerous arbitration and court forums by various subcontractors arising out of the owner’s termination of the project.
  • Other engagements on behalf of international engineering and construction firms include:
    • Insurance coverage action in Louisiana arising out of damage to an LNG regasification terminal caused by Hurricane Ike.
    • Counsel for contractor in drafting and negotiating EPC Contract for the engineering, procurement, construction, pre-commissioning, commissioning, start-up and testing of a multi-billion dollar LNG Liquefaction Project in Mozambique, Africa.
    • Counsel for contractor in drafting and negotiating EPC Contract for the engineering, procurement, construction, pre-commissioning, commissioning, start-up and testing of a multi-billion dollar LNG Liquefaction Project in British Columbia, Canada.
    • Counsel for contractor in drafting and negotiating various contracts in connection with an early works project for a grassroots petrochemical facility in Monaca, Pennsylvania.
    • Lead counsel for a multi-state professional services firm in connection with insurance coverage disputes arising out of legal malpractice claims.  The claims, which were subject to litigation in Pennsylvania state court, were settled prior to trial.
    • Insurance coverage action in United States Federal District Court in New York, New York arising out of a lump-sum, turnkey EPC Contract for a water injection and drilling facilities platform in the Norwegian Continental Shelf.
    • Disputes arising out of the design of a $1 billion semi-submersible platform in the Gulf of Mexico.
    • Disputes arising out of the engineering, procurement, transportation, construction, commissioning and testing of a $2 billion LNG facility in Papua, Indonesia.

Presentations

  • “Infrastructure Construction: What will the Build Back Better Plan mean for the Construction Industry,” presented at the Construction SuperConference, Orlando, FL, (2021)
  • “Dealing with Concurrent Delay Claims on Large-Scale EPC Projects,” presented at the 3rd EPC Contract and Risk Management Conference, Houston, TX (2016)
  • “Addressing the Cost-Reimbursable Mindset – How to Better Balance and Manage Risk Between Parties,” presented at the Construction SuperConference, San Diego, CA (2015)
  • “Cost Reimbursable Contracts,” presented at the 2nd EPC Contract and Risk Management Conference, Houston, TX (2015)
  • “Oil & Gas Megaprojects – Challenges in Execution in the US,” presented at the Construction SuperConference, Las Vegas, NV (2014)
  • “Overcoming Obstacles in Managing Disputes that Arise During the Project Lifespan,” presented at the EPC Contract and Risk Management Conference, Houston, TX (2014)
  • “Identifying and Managing Risk on Large-Scale Construction Projects,” presented at the Construction SuperConference, San Francisco, CA (2013)
  • “Current Issues Impacting Construction Litigation:  The Law of Construction Defects and Failures; E-Discovery in Construction Cases; and Arbitration of Construction Disputes” Allegheny County Bar Association, Construction Law Section, Pittsburgh, PA (February 12, 2013)
  • “Strategies for Reducing Defects and Failures,” presented at “Law of Construction Defects & Failures” Seminar, Pittsburgh, PA (August 16, 2012)
  • “Anatomy of a Troubled Project: How to Most Effectively Deal with Construction Projects in Crisis,” Allegheny County Bar Association, Construction Law Section, Pittsburgh, PA (December 2, 2010)
  • “EPC Contracting – Is It As Easy as ABC,” presented at the Construction SuperConference, San Francisco, CA (2009)
  • “Allocating Risk in Today’s Marketplace” presented at the Construction SuperConference, San Francisco, CA (2007)
  • “The Effective Expert Witness: What Compels an Arbitrator, judge and/or Jury?” presented at the Construction SuperConference, San Francisco, CA (2007)
  • Co-Author, “Overview of Arbitration in Latin America,” presented at Topical Issues in International Arbitration (March 23, 2006)
  • “Cross-Border Application of Privilege Doctrines,” presented at ABA Section of International Law 2005 Fall Meeting, Brussels, Belgium (October 26, 2005)
  • Co-Author, “Conflicts of Interest in International Arbitration,” presented at Innovative and Cost Effective Ways of Managing International Arbitral Disputes, London, England (April 7, 2005)
  • Co-Author, “Life on the Other Side of The Pond – A Look at Some of the More Unique Aspects of American Jurisprudence Relevant to Construction Project,” presented at The Second Global Project Superconference, London, England (May 16, 2003)
  • “Pennsylvania Bond and Lien Law,” continuing legal education programs in Harrisburg and Pittsburgh, PA (1999 and 2000)
  • Co-Author, “Arbitration under Pennsylvania and Federal Law,” presented at Allegheny Bar Association Conference (Winter 1996)

Publications

  • “Do the New Discovery Procedures of the Construction Industry Arbitration Rules Promote the Traditional Benefits of Arbitration?,” Construction Law and Business, March/April (2001)
  • Co-author, “The Woolf Reforms: Changing a Nation’s Justice System,” Construction Law and Business, (Summer 2000)
  • Co-author, “Arbitration of International Construction Disputes,” Construction Law and Business (Spring 2000)

Professional / Civic Activities

  • International Bar Association (Arbitration, International Construction Projects and Law Firm Management Committees)
  • American Bar Association, Construction Law Section
  • Allegheny County Bar Association, Construction Law Section, Vice-Chair (2012-2013) Chair (2013-2014)
  • Pennsylvania State Bar Association

Court Admissions

  • Supreme Court of Pennsylvania
  • United States Court of Appeals for the Third and Fifth Circuits
  • United States District Court for the Western District of Pennsylvania
  • United States District Court for the Eastern District of Pennsylvania
  • Pro Hac Vice admission to state and federal courts throughout the United States

Bar Membership

  • Pennsylvania

Education

  • J.D., University of Pittsburgh School of Law, 1994 (Summa Cum Laude; Managing Editor, University of Pittsburgh Law Review; Order of the Coif)
  • B.S. (Industrial Management), Carnegie Mellon University, 1989

Honors

  • Pittsburgh’s Best Lawyers (2010 – 2025)
  • Lawyers of Distinction (2020 – 2021)
  • Allegheny County Bar Association, Pro Bono Law Firm of The Year Award (2021)
  • United States Department of Defense, Patriotic Employer Award (2020) Best Lawyers, Pittsburgh Construction Lawyer of the Year (2019)