Robert A. Gallagher

Robert A. Gallagher

Partner

Pittsburgh, PA
Phone: 412.454.5018    Fax: 412.454.5060

gallagherr@pepperlaw.com

Some engagements in which Mr. Gallagher has been involved include:

Power Plants

  • Hydroelectric/Tunneling – Counsel to a constructor of a 531 megawatt run of the river hydroelectric project in the Andes Mountains southeast of Santiago, Chile, which includes approximately 45 kilometers of tunneling in the Chilean Andes.
  • Solar – Counsel to an EPC contractor on matters related to the design and construction of a $100 million solar project in the Mojave Desert.
  • Coal/AQCS Upgrades – Litigation counsel to an EPC contractor in various delay, disruption, defect and liquidated damage claims totaling $134 million arising out of the design and construction of two flue gas desulfurization retrofit projects at coal-fired power generation facilities in Pennsylvania.
  • Coal/AQCS/Wastewater Treatment – Litigation counsel to a subcontractor in claims totaling approximately $140 million arising out of the design and construction of a flue gas desulfurization system and associated wastewater treatment system at three coal-fired power generation facilities in Maryland.
  • Natural Gas – Counsel to EPC contractor for a 1000 megawatt gas-fueled power generation facility constructed on the site of a former coal-fired power plant in Pennsylvania.
  • Supercritical Coal – Arbitration counsel to an EPC contractor in various multi-million dollar disputes with the project owner, subcontractors and vendors arising out of the design and construction of a new multi-billion dollar power plant in Wisconsin.
  • Natural Gas – Counsel to an EPC contractor on matters related to the design and construction of a $600 million natural gas-fueled plant in Pennsylvania.
  • Combined Cycle – Litigation counsel to an EPC contractor in various multi-million dollar disputes with subcontractors concerning the quality of their work and entitlement to payment on 309 megawatt combined cycle power plant in Delaware.
  • Coal/Wastewater Treatment – Litigation counsel to a consortium for claims totaling approximately $12 million arising out of the design and construction of an emissions control system that utilizes a limestone slurry made from treated municipal water in order to reduce nitrogen oxides, sulfur dioxide and mercury in the flue gas at a coal-fired power plant located in Maryland.

Industrial Process Plants

  • Zero Liquid Waste Process Facility – Arbitration counsel to an EPC contractor in a series of arbitration proceedings arising out of the construction of a $95.8 million first-of-its-kind, zero liquid waste process facility to improve water quality of the Monongahela Watershed in West Virginia.
  • Refinery Plant –  Arbitration counsel to a design/build contractor in various delay, disruption, change order and backcharge claims arising out of the construction of a refinery plant in Louisiana.
  • Water Reclamation Facility/MBR System – Litigation counsel to an equipment supplier in a breach of contract, breach of warranty, and negligence dispute arising from the construction of water reclamation facility in California.
  • Fractionation Facility/De-Ethanizer Plant – Counsel to an owner of energy infrastructure on claims arising out of an EPC Agreement for the construction of a multi-billion dollar de-ethanizer plant and fractionation facility to process natural gas liquids in West Virginia and neighboring states.
  • Natural Food Processing Plant/RO Water System – Litigation counsel to water technology company in claims for negligence and breach of contract arising from the supply of a reverse osmosis water system for use in a natural food processing plant in California.
  • Water Reclamation Facility/Membrane Technology –  Litigation counsel to a design/build contractor in claims totaling over $6 million arising from alleged delay and disruption during the construction of produced water reclamation facility located at the Arroyo Grande Oil Field in San Luis Obispo, California.
  • Oil Refinery/Heavy Metals – Litigation counsel to an EPC contractor in claims totaling $30 million for alleged delay and disruption, and alleged mechanical, process and civil engineering deficiencies arising out of the design and construction of a wastewater treatment plant at an oil refinery in California.

Water Treatment

  • Drinking Water Plant/DAF System – Adjudication and arbitration counsel to a water technology provider in a dispute totaling more £7M arising out of the construction of a drinking water facility in Scotland.  
  • Water Authority – Arbitration counsel to a provider of environmental solutions in a multi-million dollar dispute involving various technical issues arising out of consulting services provided under a series of management agreements in Pennsylvania.
  • Water Treatment Plant – Litigation counsel to a water and wastewater technology company in a multi-party dispute alleging over $50 million in damages relating to the design, performance, and operation of a new $17 million filtration system in Texas.
  • Water Treatment Facility – Counsel to an equipment supplier that delivered design services and water treatment technology to a state-of-the-art $60M water treatment facility in Michigan.   
  • Water Treatment Facility/Delay and Disruption – Arbitration counsel to a global leader in water technology in a delay, disruption and inefficiency claim asserted against it by the general contractor on a $16 million water treatment project in California.
  • Water Treatment Plant – Litigation counsel to an equipment designer/supplier in a case arising from the design, supply, installation and operation of water treatment equipment at a $20 million water plant expansion in Illinois.
  • Drinking Water Facility/Pre-Treatment Design – Litigation counsel to a provider of water treatment solutions in a multi-million dollar dispute arising out of the design, performance, and operation of a water filtration system and pre-treatment system in Oregon.
  • Water Authority – Litigation counsel to a provider of treatment technology in a multi-party dispute alleging over $25 million in damages relating to the design, installation, and performance of various water treatment components integrated into a multi-million dollar upgrade to water treatment facility in North Carolina.
  • Water Filtration – Litigation counsel to an equipment supplier in a breach of warranty action arising out of design deficiencies relating a pretreatment system installed at a water filtration plant in Indiana.  

Wastewater Treatment/Stormwater Management

  • Wastewater Treatment Plant/Biosolids – Litigation counsel to a waste water equipment supplier in a dispute arising out of a $35 million project to expand a water treatment facility in South Carolina.    
  • Wrongful Death/Stormwater Management – Litigation counsel to a municipal engineering firm on claims arising out of a municipality’s stormwater management system, which allegedly contributed to floodwaters during a massive storm that ultimately took the lives of four individuals in Pennsylvania.
  • Water Resource Recovery Facility – Arbitration counsel to a wastewater technology supplier in a multi-party dispute involving $25 million in claimed damages arising out of the design, performance, and operation of a water pollution control plant which was converted to a water resource recovery facility in Ohio.
  • Wastewater/Sludge – Counsel to an equipment supplier in a dispute arising out of the design, installation, and operation of sludge processing equipment supplied to a wastewater treatment plant in Michigan
  • Advance Oxidation Treatment Facility/Grit Removal – Counsel to a world leader in biological wastewater treatment on two multi-million dollar projects to modernize municipal water treatment plants in Illinois.
  • Water Reuse Facility/Membrane Bioreactor Facility – Counsel to an equipment supplier on project to build a facility able to produce over 3 billion gallons per year of disinfected tertiary-treated recycled water through a membrane bioreactor process in California.
  • Wastewater Treatment Plant/Design Defects – Litigation counsel to an EPC contractor in claims totaling approximately $24 million arising from alleged design defects in a municipal wastewater treatment plant in West Virginia.

Environmental

  • Waste Sludge Facility/Organic Fertilizer/Dewatering Equipment – Litigation counsel to a provider of environmental solutions in a series of claims arising out of the design and construction of a $35M waste sludge facility in New Jersey.
  • Municipal Landfill/Filtration/Chemical Precipitation – Litigation counsel to an equipment supplier for claims arising out of the performance, operation, and maintenance of filtration and chemical precipitation equipment installed at a municipal landfill in Rhode Island.
  • Natural Gas Well/Contamination – Litigation counsel to a contractor in litigation arising out of $15 million in claims for groundwater contamination a at a natural gas well site in Pennsylvania. 

Pipeline and Transmission Line Projects

  • Natural Gas Pipeline Project – Litigation counsel to the pipeline installation contractor in claims arising out of alleged scope changes, extra work, and alleged defective work on a 40 + mile natural gas pipeline project in Pennsylvania and West Virginia.
  • New Sewage Conveyance Pipeline/Open-Cut and Trenchless Installation – Litigation counsel to a patented-pipe supplier in a dispute arising out of alleged defects related to a sewage conveyance pipeline installed through open-cut and trenchless installation methods in Washington, DC.
  • Byproduct Brine Water Pipeline – Litigation counsel to a pipe manufacturer in multi-party claims arising out of failures in a pipeline system conveying byproduct brine water from a treatment facility in Utah.
  • Extra High Voltage Transmission Line – Counsel to multiple interested parties in proceedings before the Pennsylvania PUC arising out of the proposed $1.1 billion construction of two extra high voltage transmission lines through Pennsylvania, West Virginia, Maryland and Virginia.
  • New Water Pipeline/Trenchless Installation – Litigation counsel to a pipe manufacturer in a dispute regarding the bend radius of fusible pipe on a new water pipeline installation project in Pennsylvania.
  • New Water Pipeline/Slip-line Installation – Litigation counsel to a pipe manufacturer in a dispute arising out of a PVC water pipeline slip-line installation project in Ohio.

Geotechnical

  • Differential Settlement/RSS – Litigation counsel to a general contractor in claims totaling over $100 million arising from differential settlement and lateral movement of what is believed to be one of the largest reinforced soil slopes in the United States.
  • Highway and Bridge Project – Litigation counsel to a geotechnical engineering firm in claims exceeding $25 million arising out of the collapse of freeway support columns and retaining walls on a turnpike project in Texas.
  • Landslide/GeoStabilization – Litigation counsel to a consulting engineer for claims arising from landslides incident to replacement of municipal sewer pipes in Pennsylvania.
  • Abandoned Mine Lands/Mine Drainage Portals – Litigation counsel to a geotechnical engineering firm in claims arising from reclamation designs for drainage portals necessary to abate problems arising from abandoned mine lands in West Virginia. 
  • Abandoned Mine Lands – Counsel to an EPC contractor for subsurface/grouting issues associated with construction of a power plant on abandoned mine property in Pennsylvania.
  • Differential Settlement/Geofabric – Litigation counsel to a geotechnical engineering firm in breach of contract and negligent misrepresentation claims arising from differential settlement of a retail and movie theater complex in West Virginia.
  • Sinkholes/School Construction – Counsel to a university in a wrongful termination/differing site conditions claims arising out of voids and sinkholes that developed during the construction of a $8.7 million student recreation center in Pennsylvania.
  • Differential Settlement/Foundation – Litigation counsel to a geotechnical engineering firm for claims arising out of subsurface conditions beneath new structures, foundations and equipment associated with the construction of a $26 million facility in Pennsylvania.

Institutional and Civil Construction

  • Airport Terminal Construction – Counsel to a subcontractor for claims arising out of the $160 million Terminal F renovation and expansion project at the Philadelphia International Airport.  
  • School Construction – Litigation counsel to a subcontractor for claims arising out of the renovation of multi-million dollar state-of-art-science center at a university in Pennsylvania.
  • School Construction/Parking Garage – Counsel to a university in a dispute regarding the sudden collapse of a portion of its newly constructed $10.5 million parking garage in Pennsylvania 
  • School Construction/Sports Arena – Counsel to a construction manager in lawsuits exceeding $25 million in claims, arising from a $119 million project to construct a university sports area in Pennsylvania.
  • Locks and Dam Construction – Counsel to a general contractor for claims arising out of a $96 million construction project that included the construction of a new river wall for a future lock chamber in Pennsylvania.
  • Reclaimed Water Plant – Litigation counsel to an equipment supplier in claims for delay and disruption allegedly caused by late equipment deliveries on a project to construct a $15 million reclaimed water plant in Washington.
  • Highway – Litigation counsel to an engineering firm in a dispute over engineering design and construction drawing approvals arising out of the construction of a tolled freeway in Pennsylvania. 

Theft of Trade Secrets and Proprietary Information

  • Trade Secrets/Architectural Designs – Counsel to an architectural and engineering firm in a dispute over employee’s restrictive covenants and claims of unfair competition, theft and/or disclosure of trade secrets arising out of the firm’s office in Dubai, UAE.
  • Proprietary Information/Engineering – Litigation counsel to technical staffing firm in a dispute over a former employee’s restrictive covenant and use of customer databases and other proprietary information in Pennsylvania. 
  • Trade Secrets/Proprietary Information – Counsel to a specialized equipment supplier in a dispute over a former employee’s theft of proprietary design information and costing and marketing files in California.

Bid Disputes

  • Status and Size Protest – Counsel to a general contractor and a start-up disabled-veteran-owned small business concern in status and size bid protests filed by a competitor on two separate projects involving the VA Healthcare System totaling $20 million in Pennsylvania.
  • Substitution after Bid Award – Litigation counsel to an engineering firm in a bid dispute involving the substitution of a supplier, after the supplier’s bid had been incorporated into the winning contractor’s bid proposal.  
  • Responsive/Responsible Bidder – Counsel to a successful bidder on a multi-million dollar chemical-supply contract involving issues of responsiveness and responsibility in California.
  • Ambiguity/Responsiveness – Counsel to an unsuccessful bidder on a state-owned project, where the government while making a determination of responsiveness had applied requirements beyond those identified in the request for qualifications in Pennsylvania.
  • Timeliness of Protest – Counsel to a successful bidder in a bid dispute where the government entity responsible for awarding the contract impermissibly sustained an untimely protest from a disappointed bidder in Florida. 
  • Submissions after Bid Opening – Counsel to a responsive bidder who was not awarded a government contract despite being the lowest bidder because the procurement officer scoring the bids had improperly considered information supplied from other bidders after the bid opening date in Florida.
  • Immateriality/Responsiveness – Counsel to the winning bidder in a bid protest dispute where the unsuccessful bidder filed a protest relating to the immaterial omission of information from an otherwise responsive bid to supply water treatment equipment for a project in California.

Education

  • J.D., magna cum laude, Duquesne University School of Law, 2007, comment editor, Duquesne Law Review
  • Pharm.D., Pharmacy, Duquesne University Mylan School of Pharmacy, 2003

Bar Admissions

  • Pennsylvania

Court Admissions

  • U.S. District Court, Western District of Pennsylvania

Practice Areas

Data protection laws have changed, so we have revised our Privacy Policy.

CLOSE