Cases
Representative Engagements: Lead trial counsel for a joint venture design-build contractor arising out of the design
construction of a 57-foot bored tunnel in downtown Seattle, Washington.
Lead trial counsel for a multinational engineering
construction company in connection with disputes arising out of a Propane Dehydrogenation
Polypropylene Upgrading Facility project in Alberta, Canada. The disputes are subject to a pending ICC arbitration before a three-member arbitration panel.
Lead trial counsel for a general contractor in connection with disputes arising out of the construction of new high school complex. The matter is pending in the Court of Common Pleas of Allegheny County, Pennsylvania.
Lead trial counsel for the owner of an industrial complex in connection with disputes arising out of the design, construction
failure of components of the complex. The matter was resolved satisfactorily to the owner.
Lead trial counsel for a multinational engineering
construction company in connection with disputes arising out of a module fabrication
assembly project for an oil s
s 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
construction company regarding the design, procurement, construction
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
unpaid invoices,
the owner's claims for defective work
liquidated damages. The disputes were subject to litigation in the courts of Texas. The matter was resolved favorable 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
claims with the contractor
designer arising out of the design, engineering, procurement, construction, supply, installation
start-up of a flue gas desulfurization system.
Lead counsel for a multi-national engineering
construction company in connection with disputes arising out of the design, fabrication, supply, installation
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
construction company regarding an offshore oil & gas project dispute with respect to subsea flow line issues. The dispute 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
construction companies in connection with disputes arising out of a lump-sum, turnkey contract for the engineering, procurement, fabrication, transportation
construction of a $1.7 billion gas to liquids facility in Nigeria. Assisted the EPC Contractor in identifying, developing
evaluating delay
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
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
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
management of various aspects of this matter. The engagement spanned a period of five years (2001-06)
required extensive worldwide travel, including travel to South America
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
construction changes an delays, claims of cardinal change, liquidated damages for delay, schedule analysis
claims of time
money entitlement, international letters of credit, value added tax (VAT) claims, force majeure claims
project finance issues in connection with a worldwide syndicate of commercial
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
construction companies acting as the EPC contractor for the design, construction
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
linear low density polyethylene swing plant, with two single gas reactor Gas-Phase lines. Mr. Davidson assisted the consortium in identifying, evaluating
presenting claims against the project owner
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
Procedures for International commercial Arbitration.
Lead Counsel for subcontractor in an ICC arbitration arising out of the design, supply, installation, commissioning, check-out
testing of a two st
reversing mill
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,
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
UNCITRAL arbitrations
federal court proceedings arising out of the engineering, procurement,
construction of $300 million mini strip mill in Samutprakarn, Thail
. Several months into the project, the owner suspended
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
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
negotiating EPC Contract for the engineering, procurement, construction, pre-commissioning, commissioning, start-up
testing of a multi-billion dollar LNG Liquefaction Project in Mozambique, Africa.
Counsel for contractor in drafting
negotiating EPC Contract for the engineering, procurement, construction, pre-commissioning, commissioning, start-up
testing of a multi-billion dollar LNG Liquefaction Project in British Columbia, Canada.
Counsel for contractor in drafting
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
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
testing of a $2 billion LNG facility in Papua, Indonesia.
