Dingess, Foster, Luciana, Davidson & Chleboski LLPPartner

John Patrick Miller

About John Patrick Miller

John Patrick Miller is a lawyer practicing construction litigation, epc contracts, construction contract drafting, negotiating and counseling and 3 other areas of law. John received a B.A. degree from The George Washington University, Washington, DC, in 1996, and has been licensed for 23 years. John practices at Dingess, Foster, Luciana, Davidson & Chleboski LLP in Pittsburgh, PA.

 

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Services

Areas of Law

  • Construction Law 1
    • Construction Litigation
  • Commercial Litigation
  • Other 4
    • EPC Contracts
    • Construction Contract Drafting, Negotiating and Counseling
    • International Arbitration
    • Insurance Coverage

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Dingess, Foster, Luciana, Davidson & Chleboski LLP
  • Representative Cases & Transactions
    Cases
    Representative Engagements: Counsel for a construction manager in a federal court action against a curtain wall manufacturer in connection with the construction of a residential tower in Philadelphia, Pennsylvania. The construction manager sought costs
    expenses related to delays caused by late design, production, fabrication
    installation of the curtain wall system. Certain subcontractors entered into a liquidating agreement with the construction manager
    also sought costs
    expenses in the same action.
    Counsel for the owner of a 9,000 acre wind farm consisting of 88 wind turbines in Wyoming County, Pennsylvania in a state court action. The balance of plant contractor claimed over $56 million in damages related to delays, scope changes, forced inefficiencies,
    unforeseen subsurface conditions
    the owner claimed over $19 million in delay liquidated damages under the contract.
    Counsel for a general contractor in a state court action
    mechanic's lien claim against the owner in connection with the construction of a natural gas compression facility in Wetzel County, West Virginia. The general contractor sought the unpaid contract balance, delay, impact
    inefficiency costs related to erosion
    sediment control issues on the site
    a time extension for the owner-caused delay. The dispute also involved similar claims by certain subcontractors.
    Counsel for a design professional in an American Arbitration Association (AAA) arbitration in connection with unpaid professional fees
    expenses
    an owner's claim for defective work performed on the design
    construction of a polymer chemical plant in Marietta, Ohio. The owner asserted a multimillion dollar claim against our client for breach of contract
    professional negligence. There was also a dispute relating to the disputed terms of the engineering
    procurement contract.
    Counsel for an EPC contractor in a federal court action against the general contractor, owner
    surety company for unpaid fees
    expenses in connection with the construction of a natural gas compression facility in Wetzel County, West Virginia. The representation also included a separate state court action
    mechanic's lien claim against the owner
    general contractor.
    Counsel for an EPC contractor in a federal court action against a subcontractor that failed to perform timber clearing in connection with the construction
    installation of a natural gas pipeline in West Virginia.
    Counsel for an exploration
    production (E&P) company in a AAA arbitration in connection with a contract dispute with a midstream company regarding the design, engineering,
    construction of gas gathering
    processing facilities servicing certain wells in Ohio
    West Virginia, as well as the design, engineering,
    potential future construction of a pipeline.
    Counsel for a light gauge structural framing subcontractor in a AAA mediation related to the construction of a mid-rise condominium complex in Seattle, Washington. The subcontractor claimed the general contractor failed to pay in the entire contract price
    caused delay of
    interference with the subcontractor's work on the project. The general contractor alleged that the subcontractor caused delay, interference
    impact on other subcontractors on the project.
    Counsel for a general contractor in a payment dispute with the owner of a manufacturing facility in Pittsburgh, Pennsylvania including a mechanics' lien claim, judgment execution,
    an award of injunctive relief.
    Counsel for the owner of a wine glass bottle manufacturing plant in Cowlitz County, Washington, which at the time included the world's largest electric melter, in a AAA mediation in connection with disputes against the EPC contractor. There was a catastrophic failure of the electric melter that gave rise to construction
    design defect claims. In addition, there were other construction
    design defect claims against the EPC contractor unrelated to the electric melter failure.
    Counsel for a contractor
    construction manager in a state court
    federal action claiming unpaid fees
    expenses from a restaurant owner in Monroeville, Pennsylvania including an award of the contract balance, attorney's fees
    penalties, judgment execution,
    a proof of claim in bankruptcy.
    Counsel for a manufacturer of science-based nutritional health products in connection with foundation
    waterproofing membrane system repairs at its Pittsburgh, Pennsylvania facility. The representation involved claims against the owner of the facility, the commercial general liability insurer
    the contractor related to the repairs.
    Counsel for an engineering contractor in connection with a mechanics' lien claim for unpaid fees
    expenses from an owner of gasifier in Vigo County, Indiana.
    Counsel for a l
    lord-developer in Pittsburgh, Pennsylvania in a state
    federal court action
    mediation relating to a dispute with a restaurant-tenant after the restaurant-tenant improperly terminated the ten-year development lease prior to beginning construction.
    Counsel for a manufacturer of curtain wall
    storefront framing window systems in various actions in multiple forums defending against products liability claims in connection with the terms
    conditions of sale
    the limited warranty.
    Counsel for a commercial real estate property
    construction management company against owner's claims for delay, holdover rent,
    general conditions in connection with a high-rise office building in Pittsburgh, Pennsylvania.
    Counsel for a masonry contractor in state court
    federal action claiming unpaid fees
    expenses in connection with a hotel construction project in Pittsburgh, Pennsylvania involving a mechanics' lien
    proof of claim in bankruptcy.
    Counsel for an owner of a large manufacturing facility in Clevel
    , Ohio in a AAA arbitration against the contractor in connection with a roofing project.
    Counsel for a general contractor in bid protest with the Commonwealth of Pennsylvania in connection with a request for proposal for the renovation
    expansion of a university gymnasium in Clarion, Pennsylvania.
    Counsel for an EPC contractor for two new units, a butene plant
    an aromatics plant, located within a petrochemical complex in Yanbu, Saudi Arabia in connection with contract
    overall project review
    analysis in connection with a change order dispute with the owner.
    Counsel for an E&P company in a state court action defending against a claim by a marketer of natural gas produced from properties in West Virginia acquired under a purchase
    sale agreement. The representation also included claims pursuant to the purchase
    sale agreement for indemnification against the sellers relating to the marketer's claim.
    Counsel for an E&P company in state court actions in connection with breach of contract, quiet title, implied duty to develop,
    declaratory judgment claims by l
    owners in central Pennsylvania to terminate mineral leases.
    Counsel for a large freight railroad company in a federal court action in connection with a subpoena to produce documents
    testify related to the payment of state
    federal prevailing wage rates on a high-speed rail construction project in Illinois.
    Counsel for a seller in state court actions with multiple contract claims against the buyer
    fraud claims by the buyer against the seller related to the $400 million sale of oil
    gas properties in the Marcellus Shale play. Also, the representation included a separate state court action to quiet title naming the parties who interest the seller claimed clouded the title to the oil
    gas properties.

Experience

  • Bar Admission & Memberships
    Admissions
    2003, Supreme Court of Pennsylvania
    United States Court of Appeals for the Third Circuit
    United States District Court for the Western District of Pennsylvania
    Memberships

    Professional & Bar Association Memberships

    Pennsylvania

  • Education & Certifications
    Law School
    Duquesne University School of Law, Pittsburgh, PA
    J.D.
    cum laude

    Duquesne University School of Law, Pittsburgh, PA
    J.D.
    Duquesne Law Review

    Duquesne University School of Law, Pittsburgh, PA
    J.D.
    Web Editor

    Duquesne University School of Law, Pittsburgh, PA
    J.D.
    Juris Magazine

    Duquesne University School of Law, Pittsburgh, PA
    J.D.
    2003 Research Editor
    Other Education
    The George Washington University, Washington, DC,
    Class of 1996
    B.A.
    History

    The Catholic University of America, Washington, DC
    Class of 1997
    M.S.
    Library Science

    Duquesne University School of Law, Pittsburgh, PA
    Duquesne Law Review

    Duquesne University School of Law, Pittsburgh, PA
    Web Editor

    Duquesne University School of Law, Pittsburgh, PA
    Juris Magazine

    Duquesne University School of Law, Pittsburgh, PA
    cum laude

    Duquesne University School of Law, Pittsburgh, PA
    2003 Research Editor
  • Personal Details & History
    Age
    Hardinsburg, Kentucky
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