2011 Super Lawyers Pro Bono Award
Attorney Profile

Joseph L. Luciana, III

Joseph Luciana, III

Dingess, Foster, Luciana, Davidson & Chleboski, LLP
PNC Center, Third Floor, 20 Stanwix Street
Pittsburgh, PA 15222

Pittsburgh

Pennsylvania (PA)

T: 412-926-1812
F: 412-926-1801
Industry Groups: Construction, Engineering, Oil & Gas

Practice Areas

Construction/Surety

Insurance Coverage

Environmental

Selected To

• Pennsylvania Super Lawyers 2011
• Pennsylvania Super Lawyers 2010
• Pennsylvania Super Lawyers 2009
• Pennsylvania Super Lawyers 2004
No Rising Stars publication in 2009

Profile

Joseph L. Luciana III is a founding partner of DFL Legal, a law firm with offices in the city of Pittsburgh but specializing in the practice of construction and engineering law both in the United States and abroad. Mr. Luciana's own practice is concentrated in the areas of litigation and counseling with emphasis on construction, construction insurance coverage and real estate. His practice also includes experience in environmental litigation, toxic tort litigation and environmental insurance coverage actions.

Mr. Luciana's construction related litigation experience has included the representation of clients in state and federal lawsuits, arbitration proceedings, lien proceedings, insurance coverage actions, administrative proceedings, mediations, private party and government "CERCLA" actions and other matters as well. Mr. Luciana also assists clients by drafting, negotiating and reviewing construction contracts, negotiating with subcontractors and material suppliers for construction project closeout, filing of mechanic's liens claims in Pennsylvania and other states, and civil litigation arising out of environmental construction work in connection with underground storage tanks. He regularly serves as an arbitrator in AAA arbitrations and is an active member of several professional organizations, including the Allegheny County Bar Association, the Pennsylvania Bar Association, and the American Bar Association in the construction litigation committee.

International Locations

Global Region(s): Europe

Countries: France, Norway, United Kingdom


About Joseph Luciana, III

Law School: Duquesne University School of Law

Admitted: 1987, Pennsylvania

Professional Webpage: www.dfllegal.com/lawyer-attorney-1569838.html

Honors and Awards:

  • The Best Lawyers in America, 2010 - 2012
  • Pittsburgh's Best Lawyers, 2010
  • Selection as Distinguished Alumni by Riverview School District (www.rsd.k12.pa.us), 2010

Bar/Professional Activity:

  • Pennsylvania Bar Association
  • Construction Industry Arbitrator, American Arbitration Association
  • Board of Directors, Applied Training Resources
  • Construction Litigation Committee, American Bar Association
  • Panel Member, Construction Dispute Resolution Group, ACBA Services, Inc.
  • Treasurer, Allegheny County Bar Association, Construction Law Section, 2005 - 2006
  • Secretary, Allegheny County Bar Association, 2006 - 2007
  • Vice-President, Allegheny County Bar Association, Construction Law Section, 2007 - 2008
  • President, Allegheny County Bar Association, Construction Law Section, 2008 - 2009
  • Allegheny County Bar Association
  • Pro hac vic admission to state and federal courts throughout the United States, including New York, California, Lousiana, West Virginia, Georgia, Missouri, Minnesota, New Jersey
  • Untied States District Court for the Eastern District of Pennsylvania
  • United States District Court for the Western District of Pennsylvania
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the District of Columbia
  • United States Court of Appeals for the Third Circuit
  • United States Supreme Court
  • Supreme Court of Pennsylvania

Pro bono/Community Service:

  • President, Board of Directors, North Side Christian Health Center, 2000 - 2009
  • Board of Directors, North Side Christian Health Center, 1996- 2003
  • President, North Side Christian Health Center, 2003-2009
  • Borough of Oakmont, Zoning Hearing Board, January 2010
  • Board Member, Riverview Athletic Association, 2003 - 2005
  • Vice-President, Riverview Athletic Association, 2005 - 2006
  • President, Board of Directors, Riverview Athletic Association, 2006 - 2008

Scholarly Lectures and Writings:

  • "Pennsylvania Bond and Lien Law," presented at Continuing Legal Education programs in Harrisburg and Pittsburgh, PA in 1999 and 2000
  • "Owner Strategies for Dealing with the Financially Troubled Contractor", Construction SuperConference, San Francisco, California, 2004
  • "Insurance Coverage for Loss and Claims on Construction Projects," International Construction SuperConference, London, England, May 19, 2005
  • "Settling Complex Claims While Avoiding Bad Faith Liability, California Coverage Dreaming on a Winter’s Day," 17th Annual TIPS Insurance Coverage Litigation Committee Midyear Program, Los Angeles, CA, February 26-28, 2009
  • "Two Important Topics in Construction Cases: Dealing With Experts and the Best Practices in Electronic Document Review and Production," Construction Law Section, Allegheny County Bar Association, Pittsburgh, PA, April 29, 2009
  • "Insurance Coverage for Defective Workmanship Claims," Construction Law and Business, Winter 2000
  • "The California Supreme Court Rejects Tort Liability of a Performance Bond Surety, Construction Law and Business, Spring 2000
  • "First Decision of its Kind Regarding Suspension of Government Contractors," The Procurement Lawyer, Fall 2000
  • "Trial Courts Split on CGL Coverage for Property Damage Arising from the Defective Work of a Subcontractor," Construction Law and Business, July/August 2001
  • Speaker, The Construction Contracts Program: Understanding and Negotiating the Critical Clauses in the Industry Form Documents, ABA Forum on the Construction Industry, 2011

Verdicts and Settlements:

  • Lead counsel for Plaintiff in Texas Eastern Transmission Corporation v. J.L. Allen Co., et al., in the Court of Common Pleas of Franklin County, Pennsylvania. In this case, Mr. Luciana represented the owner of a natural gas pipeline compressor facility that suffered extensive damage due to a high voltage electrical fire following a construction project. In the lawsuit, the owner asserted claims against the general contractor and electrical subcontractor for alleged improper termination of a high voltage connection that subsequently failed and caused a fire. The general contractor and subcontractor denied the claim on the grounds that they were not responsible for the work, the work in question was not the cause of the fire and the owner had allegedly caused or contributed to the cause of the fire. Following a jury trial, the court entered a judgment in the amount of $1,039,588.96 in favor of the owner and against the electrical subcontractor for negligence (100%) and the general contractor for breach of contract. The trial court's judgment was affirmed on appeal and the defendants paid the entire amount of the owner's claim plus post-judgment interest
  • Lead counsel for a project manager in two related construction insurance coverage cases in the United States District Court for the Western District of Pennsylvania - Kvaerner U.S. Inc. v. Liberty Mutual Insurance Co., et al., Case No. 01-0780 and Blaine Construction Corporation v. IPSCO Construction, Inc., et al., Case No. 01440. In these cases, the project manager was seeking insurance coverage under a professional liability policy for professional claims asserted against it arising from the construction of a new steel mill in Alabama. As a result of these lawsuits, the project manager achieved a policy limit settlement from the professional insurer that paid costs of both defense and indemnity in the total amount of $20 million
  • Lead counsel for an owner in an Ocean Marine Cargo insurance coverage dispute - Assicurazioni Generali S.P.A., et al v. Black & Veatch Corp., et al., 362 F.3d 1108 (8th Cir. 2004). Client recovered entire $6 million claim in Ocean Marine Cargo Insurance dispute arising from property damage to heat recovery steam generators on a power plant project in Missouri., 2004

Representative Clients:

  • Aker Kvaerner/IHI v. National Union Fire Insurance Company of Louisiana, Civil Action No. 2:10-CV-1041, United States District Court for the Western District of Louisiana
  • Bootay v. KBR, Inc., Civil No. 2:09-cv-01241, United States District Court for the Western District of Pennsylvania
  • Harris v. Kellogg Brown & Root Services, Inc., Civil No. 2:08-cv-00563, United States District Court for the Western District of Pennsylvania
  • John J. Gulisek Construction Company v. Douglass Pile Company, Inc., et al., Court of Common Pleas of Allegheny County
  • Blaine Construction Corporation v. IPSCO Construction, Inc., et al., Case No. 01440, United States District Court for the Western District of Pennsylvania
  • Kvaerner U.S. Inc. v. Liberty Mutual Insurance Co., et al., Case No. 01-0780, United States District Court for the Western District of Pennsylvania
  • Jamaica Broilers Group Limited, et al. v. Equitable Resources, Inc., et al., Case No. 03-1550, United States District Court for the Western District of Pennsylvania
  • Texas Eastern Transmission Corporation v. J.L. Allen Co., et al., Court of Common Pleas of Franklin County, Pennsylvania
  • Cheryl Harris v. Kellogg Brown & Root Services, Inc., No. 09-2325. In the United States Court of Appeals for the Third Circuit
  • Thomas L. Smith and Dolores Smith v. Pauline Weaver; 445 Pa.Super. 461, 665 A.2d 1215, 1995
  • Leon Sloan, Sr. and Jimmie Lee Furby v. Department of Housing & Urban Development, et al.; 231 F.3d 10, D.C. Cir., 2000
  • Assicurazioni Generali S.P.A., v. Black & Watch Corporation, 362 F.3d 1108, 8th Cir., 2004

Educational Background:

  • University of Pittsburgh, B.S. in Chemistry, 1976
  • Carnegie-Mellon University, M.S. in Chemical Engineering, 1979
Call me at 412-926-1812

To: Joseph L. Luciana, III

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