Brian P. Maloney, PE

Director
Bar/Court Admissions
  • Pennsylvania
  • Maryland
  • U.S. Court of Appeals for the 3rd Circuit
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Western District of Pennsylvania
Education
  • J.D., Boston University School of Law, 2009
  • B.S., magna cum laude, Civil Engineering, Rensselaer Polytechnic Institute, 1998

Brian has spent his entire career as an attorney addressing a range of construction-related issues, including dispute resolution and contract negotiation, representing owners, contractors, sub-contractors, architects, engineers, and other consultants. He is also well-versed in all aspects of state and municipal procurement, including preparing advertisements for bids, bid preparation, and bid protests.

Brian practiced as a civil/structural engineer, designing buildings and investigating existing structures for more than seven years prior to his career as an attorney. Brian’s engineering and science background provides him with exceptional insight and fluency in the technical, practical and business aspects of construction contracting, claims and disputes.

As comfortable in a room full of engineers and project managers as he is in a courtroom of lawyers, Brian is both a reputable advisor for clients and their project teams, and a skilled advocate, who can translate complex engineering and legal terminology into comprehensible concepts for judges, juries, arbitrators and others. He is particularly adept at evaluating claims by using his engineering and construction industry background to avoid disputes where possible and resolve disputes when necessary.

Brian handles a full range of construction-related disputes – complex contract disputes; all types of cost claims; notice and payment disputes; mechanics’ liens; delay, inefficiency and loss of productivity claims; defect claims; defective specifications, design errors and omissions; and unforeseen and differing site conditions matters.

A go-to resource for construction crisis management, Brian guides and supports clients through crisis situations and government investigations (including OSHA), from initial response through litigation and appeals. He oversees on-site and internal investigations, handles claim documentation, preservation of evidence and contract review, and assists companies managing the response.

  • Member, Pennsylvania Bar Association
  • Member, American Bar Association, Forum on the Construction Industry
  • Council Member, Allegheny County Bar Association, Construction Law Section

Additional Roles:

  • Founder and Executive Committee Member, American Constitution Society Pittsburgh Lawyer Chapter
  • Member, the Greater Pittsburgh Chapter of the American Civil Liberties Union, Pennsylvania Legal Committee
  • Secretary, Young Lawyers’ Committee for Civil Rights Under Law
  • President of the Board, New Hazlett Theater

Brian also maintains his registration as a professional engineer in Pennsylvania.

  • Presenter, “Ethical Issues for In-House Counsel,” Cohen & Grigsby CLE Day, April 2019
  • Presenter, “Incident Response: Legal Issues,” Cohen & Grigsby CLE Day, April 2019
  • Presenter, “Unforeseen Site Conditions Claims Under PennDOT’s Publication 408,” Constructors Association of Western Pennsylvania, March 2018
  • Presenter, “Advantages and Pitfalls of Becoming an MBE/WBE/DBE,” C&G Academy, January 2018
  • Presenter, “Riffing on the Standards: Understanding and Revising the Standard Construction Contracts,” C&G Academy, June 2015
  • Chapter Co-Author, “Unforeseen Site Conditions,” Maryland Construction Law Deskbook, Maryland State Bar Association, January 2012