Partner
Location:
Hazleton, Pennsylvania
Phone:
877-448-3309
570-751-5525
Fax:
570-455-3457
E-mail:
E-mail Me
Mr. Doganiero concentrates his practice in construction litigation, construction contract negotiation and drafting, and counseling clients during project execution to avoid disputes and manage risks and opportunities. He represents public and private owners, contractors, construction managers, design-build teams, subcontractors, material suppliers, specialty fabricators and design professionals in all phases of the project execution and construction process.
Mr. Doganiero has litigated construction disputes before the state and federal courts as well as various boards of contract appeals for the federal government. In addition, Mr. Doganiero has successfully resolved numerous construction disputes efficiently and cost effectively using industry-oriented forms of alternative dispute resolution, including mediation, arbitration, and dispute resolution boards.
Mr. Doganiero is an author and speaker on construction related topics. He has lectured on the subject of public procurement, bidding, and bid disputes in Pennsylvania. He co-authored a chapter on contracting with the federal government in The Design Build Contracting Handbook (Aspen, 2001) and contributed to Georgia Construction Law: Licensing and Other Qualification Requirements (Lorman Education Services, 1998).
Mr. Doganiero practiced with the Construction and Infrastructure Projects group of Kilpatrick Stockton LLP in Atlanta, GA and the Construction Law Practice Group of Pepper Hamilton LLP in Philadelphia, PA. He received his B.S. in Biochemistry and Spanish from Centre College in 1995. He earned his J.D. from Boston College Law School, cum laude, in 1999. He is admitted to practice law in Pennsylvania, Massachusetts, and Georgia.
Selected Experience
Mr. Doganiero's project and construction counseling experience includes:
- Provides ongoing project counseling for international EPC contractor in connection with the design, procurement and construction of three separate coal-fired power plant projects in the U.S. having a combined contract value of over $1 billion.
- Served as on-site project counsel for general contractor for purposes of providing real time legal representation, preparing correspondence and other project documentation, and managing risks and claims in connection with the construction of an $800 million, 520 megawatt coal-fired power plant in Pennsylvania.
- Provided project counsel services for energy systems contractor on two financially troubled THDF board manufacturing projects in Canada.
- Negotiated, drafted and counseled general contractor in connection with the assignment of millions of dollars in subcontracts to a replacement general contractor and owner after mutual termination from a partially completed casino project in Arizona.
- Counseled public owners and prepared bid documents in connection with various public procurements and construction projects.
Mr. Doganiero has litigated and arbitrated numerous construction claims, including:
- Prosecuted general contractor's claims in excess of $60 million against the U.S. Army Corps of Engineers for differing site conditions, defective specifications and constructive changes arising out of the construction of a 550-foot high earth and rock fill flood control dam in California. A successful settlement of $38.5 million was obtained for the client after a portion of the claims were litigated and the remainder were mediated.
- Defended large state public works authority against claims by a contractor in excess of $40 million for defective design and cardinal change in connection with the construction of a thermal power plant as part of a major wastewater treatment facility in Massachusetts.
- Obtained a $7.7 million arbitration award on behalf of a general contractor for extra work, delay, disruption and constructive acceleration claims arising out of the construction of a luxury hotel and condominium project in the Miami, Florida area, while successfully defeating a $10 million claim brought by the hotel's developer and owner.
- Represented an erector and installer of ammonia-based selective catalytic reactors and related emissions control systems in numerous claims brought against prime contractors and by lower-tier subcontractors arising out of various coal-based power plants located in New Hampshire, Massachusetts and Missouri.
- Defended one of the world's largest professional engineering firms against a $1 million negligence claim arising out of the flooding of a commercial development in Atlanta, Georgia.
- Prosecuted a general contractor's $2.2 million claim for unpaid costs and profits after termination from a casino project owned by a Native American tribe in Arizona. The case was resolved by mediation on terms favorable to the client.
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Defended a general contractor against a $1 million claim by a mechanical and plumbing subcontractor for extra work and added scope arising out of the construction of a scrap-wood fueled thermal oil system for an MDF board manufacturing facility in North Carolina.
Bar Admissions
Massachusetts, 1999
Georgia, 2000
Pennsylvania, 2002
U.S. District Court District of Massachusetts, 2000
U.S. District Court Northern District of Georgia, 2000
Education
Boston College Law School, Newton, Massachusetts
J.D. (Cum Laude)
Centre College, Danville, Kentucky
B.S., Biochemistry/Molecular Biology and Spanish
Published Works
The Design Build Contracting Handbook, Aspen Publishers, Inc., Second Edition, 2001
Georgia Construction Law: Licensing and Other Qualification Requirement, Lorman Education Services, 1998
Professional Associations and Memberships
Luzerne County Bar Association, 2005 - Present (Member)
Wilkes-Barre Law & Library Association, 2000 - 2009 (Member)
Past Employment Positions
Kilpatrick Stockton LLP, Atlanta, GA, Associate, 1999 - 2003
Pepper Hamilton LLP, Philadelphia, PA, Associate, 2003 - 2004
Pro Bono Activities
Lower Luzerne County Bar Association Free Legal Clinic, 2005 - Present
Class Action by Black Georgia Farmers against US Department of Agriculture, 2002 - 2003