Brian R. Davidson

Practice Areas

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. Mr. Davidson brings his experience and strategic legal thinking to assist his clients in resolving complex legal disputes.

Career

Founding Partner, Dingess, Foster, Luciana, Davidson & Chleboski LLP, March 2010 – Present

Partner, K&L Gates, 2004 – February 2010

Associate, K&L Gates, 1994 – 2003

Professional Memberships

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

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)

“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)

Education

Awards

Work Highlights

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 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.