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Richard F. Paciaroni

Partner
+1.412.355.6767
Fax +1.412.355.6501
+971.4.427.2700
Fax +971.4.447.5225
For the past thirty years, Mr. Paciaroni has concentrated his law practice in the area of commercial litigation with emphasis on engineering and construction law and international commercial transactions. He has extensive experience with construction disputes worldwide with a particular focus on projects in South America and the Middle East. In the construction field, his practice includes representation of owners, engineers, general contractors and specialty subcontractors in matters involving the offshore oil & gas, petrochemical, steel, heavy & highway, pulp and paper, power generation and general building construction industries on matters ranging from $1 million to $6 billion. Mr. Paciaroni’s experience includes both private and public works projects, bonding and insurance claims, mechanic’s liens and Miller Act claims, government contracting and the drafting and negotiation of construction contracts.

Professional Background

  • K&L Gates, 1986-date, partner since 1994
  • Project Engineer with LTV Steel Corporation 1981-1984

Professional/Civic Activities

  • Selected for inclusion in the 2013 - 2017 edition of The Best Lawyers in America in the practice areas of Commercial Litigation, Construction Law and Litigation-Construction.
  • Selected for inclusion in the 2012 edition of The Best Lawyers in America in the practice area of Litigation-Construction.
  • Selected “Pennsylvania SuperLawyer” for Construction by Philadelphia Magazine (2004, 2008, 2009, 2013 - 2017) 
  • Member of Engineers’ Society of Western Pennsylvania
  • Pennsylvania Bar Association (Construction Litigation Section, Civil Litigation Section, Federal Practice Section)
  • Allegheny County Bar Association (former Chair, Construction Law Section)
  • American Bar Association (Forum Committee on the Construction Industry, Tort and Insurance Practice Section)
  • International Bar Association
  • Member of AAA National Panel of Arbitrators since 1991

Speaking Engagements

  • Panel Speaker – Construction SuperConference, San Diego, California, “Be Prepared! Best Practices to Deal with Disrupted or Terminated Construction Projects due to “Black Swan” Events”, December 9, 2015.
  • Panel Speaker – Joint Marsh/K&L Gates Seminar - EPC Contracting Issues in the Oil and Gas Industry – “Successfully Resolving Disputes Under EPC Contracts” – November 2015, Houston, Texas.
  • Panel Moderator and Speaker - K&L Gates’ Construction Master Class - “FIDIC Contracts in Qatar and the GCC Region,” May 15, 2014, Doha, Qatar.
  • Panel Speaker – Engineer’s Society of Western Pennsylvania Program on Project Development: “Failure is an Option,” Pittsburgh, PA, April 17, 2013.
  • Panel Speaker – FIDIC Americas Contract User’s Conference, New York City, October 2012 – “Successfully Resolving Disputes Under FIDIC.”
  • Panel Speaker – Joint Marsh/K&L Gates Seminar “Major Construction Projects – Key Risk and Insurance Strategies” – September 2012, Dubai.
  • Panel Speaker, Lorman Seminar, “Sales of Goods: Battle of the Forms Under UCC and CISG – A Practical Perspective.” August 10, 2011.
  • Guest Lecturer, Construction Law, Luiss University, Rome, Italy, Masters Program in Construction Management. 2010.
  • Panel Speaker, Construction Superconference, San Francisco, California, “When Lessons Learned Aren’t.” December 17, 2010.
  • Panel Speaker, International Bar Association Annual Meeting in Buenos Aires, Argentina, “Electronic Documentation in International Construction Arbitration, The Role of the Tribunal in Controlling Costs and Saving Time.” October 14, 2008.
  • Panel Moderator and Speaker, International Arbitration Day “Managing Risks in High Growth – High Risk Markets.” September 10, 2008.
  • Panel Moderator and Speaker, International Arbitration Day “Managing Cross Cultural Factors.” October 4-5, 2007.
  • Panel Moderator and Speaker, International Arbitration Day “Techniques for Controlling Time and Cost in Arbitration.” April 19, 2007.
  • Co-lead counsel to an international EPC contractor in connection with claims arising out of the construction of the largest oil refinery in South America.  Claims and cross-claims exceed $2.2 Billion.  The matter is currently in arbitration under the auspices of the ICC.  The seat is New York City.  New York law applies.  The language is English.
  • Counsel to owner of the largest refinery in Libya in connection with disputes with crude oil supplier and breaches of the Feedstock Supply Agreement.  The matter is currently in arbitration under the auspices of the ICC.  The seat is in Paris, Libyan law applies.
  • Counsel to Emirati conglomerate against its co-venturer with respect to disputes and breaches of a Shareholder’s Agreement.  The dispute relates to the ownership and control of an oil refinery in Libya.  The matter is currently in arbitration under the auspices of the ICC.  The seat is in Paris, English law applies.
  • Counsel to German electrical equipment manufacturer in connection with subcontractor claims arising out of the design and construction of two high voltage electrical substations in Doha, Qatar.  This matter was in arbitration under the auspices of the ICC.  The seat was in Doha, Qatar and Qatari law applied.  Claims were settled in a manner favorable to the client prior to evidentiary hearings. 
  • Lead counsel to an international EPC consortium in connection with claims in excess of $350 million that arose out of the construction of a 600 MW power plant and associated 30mm gal./day seawater desalination plant located in Qatar.  The matter went to arbitration under the auspices of the ICC.  Seat was Manama, Bahrain, Qatari law applied.  Language was English.  Initial hearings were held in Paris, France.  Claims were settled in a manner favorable to the consortium prior to evidentiary hearings.
  • Lead counsel to an Italian EPC contractor in connection with claims arising out of the construction of five hydroelectric power plants in southwestern Brazil.  The dispute went to arbitration under the auspices of the ICC.  Seat is Cuiaba, Brazil, Brazilian law applies.  Language was Portuguese.  First phase of hearings was completed in 2012 resulting in a substantial award in favor of the EPC contractor. 
  • Lead counsel for U.S.-based contractor in connection with claims arising out of the construction of a materials handling system for a 1.5 million TPY coke oven battery that was built in Vitoria, Brazil.  Matter went to arbitration under the auspices of the ICC.  Seat was Rio de Janeiro, Brazil, Brazilian law applied.  Language was English.  The claims were settled prior to hearings.
  • Lead construction claims counsel to international EPC Consortium in connection with claims arising out of the construction of an ammonia/urea fertilizer plant located in Nangal, India. 
  • Trial counsel for electrical contractor in a lawsuit involving breach-of-contract and Pennsylvania Contractor and Sub-Contractor Payment Act claims concerning the renovation of a country club and restaurant.  The case was tried to a jury verdict in favor of the contractor in the Court of Common Pleas of Beaver County.   
  • Lead counsel to Italian EPC contractor in connection with claims arising out of the construction of two polyolefin plants (PE and LLDPE) located at Dahej, Gujarat, India.
  • Lead counsel for an international EPC contractor with respect to claims arising out of the construction of two 370 MW coal-fired power plants constructed in Chile. 
  • Counsel to a French EPC contractor in connection with the construction of certain blast furnace equipment and an air separation plant for a steel mill located in Santa Cruz, Brazil.
  • Lead counsel to an Italian EPC contractor in connection with claims arising out of the construction of a new AGRP (Acid Gas Removal Plant) and revamp of existing AGRP located at the Mina Al Ahmadi refinery in Kuwait.
  • Advise international EPC consortium in connection with disputes with its main subcontractor on a $4.7 Billion gas processing plant currently under construction in Abu Dhabi.
  • Counsel to German EPC contractor in connection with the construction of a gas condensate processing plant currently under construction in Oman.
  • Advise U.S. based contractor (joint venture) with respect to claims arising out of the construction of a 6.5 mile section of a new $250 million toll road (Manor Expressway) located in Austin, Texas.
  • Advise U.S.-based general contractor with respect to liability arising from the failure and collapse of concrete formwork/shoring which resulted in injuries and one fatality.
  • Lead counsel for a U.S.-based EPC contractor in connection with claims arising out of the design and construction of a materials handling system for a coal mine located in Pennsylvania.
  • Lead counsel to a U.S.-based engineering firm in connection with claims arising out of the design of a new electric furnace melt shop facility constructed in Alabama.
  • Lead counsel to an international EPC consortium in connection with claims arising out of the construction of a $2.8 Billion Polyolefin and LDPE plant currently under construction in Abu Dhabi. 
  • Lead counsel for an international EPC consortium with respect to claims arising out of the construction of a $1.4 billion polyethylene/polypropylene/butene plant located in Saudi Arabia. 
  • Lead counsel for an international EPC contractor in connection with claims arising out of the construction of a 3,700 MTPD methanol plant located in Egypt. 
  • Counsel to the owner of the world’s largest wind power project located near Mojave, California. 
  • Lead counsel for EPC contractor in connection with claims arising out of the construction of the world’s largest hydrogen production plant located in Richmond, California. 
  • Lead construction claims counsel to an international consortium which acted as the EPC contractor for the design, construction and start-up of an $800 million chemical complex located in Rio de Janeiro, Brazil. 
  • Counsel for multinational contractor with respect to over $1 billion in claims arising out of one of the world’s largest offshore oil and gas projects with an initial contract price of over $2.5 billion.