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Brian R. Davidson

Partner
bdavidson@dfllegal.com
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Phone: (412) 926-1818

20 Stanwix St
3rd Floor
Pittsburgh, Pennsylvania 15222

Brian R. Davidson

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 in international (ICC, UNCITRAL, AAA and AD HOC) arbitration proceedings, as well as federal and state court proceedings. Mr. Davidson has been involved in the negotiation and drafting of construction industry contracts for numerous projects. He has been involved in several multi-million dollar industrial projects, including steel, offshore oil and gas, and power facilities. His practice has included counseling regarding insurance coverage for construction industry claims under builders risk policies, commercial general liability policies, and professional liability policies. His insurance industry practice also includes arbitration and counseling experience in the areas of boiler and machinery insurance and facultative and treaty reinsurance.

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

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
Professional & Bar Association Memberships

Pennsylvania

Professional Background
  • Partner with Dingess, Foster, Luciana, Davidson & Chleboski LLP, March 2010 - Present
  • Partner with K&L Gates, 2004 – February 2010
  • Associate with K&L Gates, 1994 - 2003
Professional / Civic Activities
  • Allegheny County Bar Association, Construction Law Section
  • American Bar Association, Construction Law Section
  • Pennsylvania State Bar Association
Presentations
  • “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,” ABA Section of International Law 2005 Fall Meeting, October 26, 2005, Brussels, Belgium.
  • Co-Author, “Conflicts of Interest in International Arbitration,” presented at Innovative and Cost Effective Ways of Managing International Arbitral Disputes, April 7, 2005, London, England.
  • 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, May 15 – 16, 2003, London, England.
  • Co-Author, “Arbitration under Pennsylvania and Federal Law,” presented at Allegheny Bar Association Conference, winter 1996.
Publications
  • "Managing Risk in the Pursuit of Large-Scale Construction Projects," Engineering News-Record, March 25, 2013.
  • “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.
Representative Engagements
  • 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 is subject to ad hoc arbitration under the UNCITRAL Arbitration Rules (1976) before a three member international arbitration panel.
  • Counsel for supplier of a super-critical steam generator for a coal-fired electric generation facility with a value of approximately $2 billion. Represent supplier in dispute with EPC contractor with respect to alleged delays, liquidated damage claims, guaranteed quantity overruns, changes, and back-charges.
  • 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 five years (2001-06) 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 is 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 are 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 forums by various subcontractors arising out of the owner's termination of the project.
  • Other recent 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
    • 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.