James D. Miller

Area of Emphasis

Jim Miller is a shareholder in the Litigation and Construction Services groups of Babst Calland. Mr. Miller’s practice focuses primarily on commercial litigation and construction law. He has represented clients ranging from publicly-traded corporations to individuals in a variety of construction and business litigation cases in state and federal courts in Pennsylvania, Colorado, Florida, Georgia, Illinois, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Washington and West Virginia. Mr. Miller’s commercial litigation experience includes handling claims concerning breach of fiduciary duty, shareholder disputes, non-compete agreements, misappropriation of trade secrets, RICO and cyber-squatting, as well as more standard business claims such as breach of contract and mineral rights lease disputes.

Mr. Miller routinely advises companies in the construction and energy industries, including contractors, subcontractors, suppliers and project owners, with issues related to contract drafting, project management, dispute resolution and general business consultation. He has experience prosecuting and defending a wide range of construction-related claims arising from private, state and federal projects, including claims involving project delay, acceleration, inefficiencies, non-payment (including statutory prompt payment damages, as well as bond and mechanics’ lien claims), design defects, unjust enrichment, active interference by the owner or contractor, and Articles 2 and 2A of the Uniform Commercial Code relating to the sale and lease of goods.

He also serves as national litigation counsel to companies that deliver services to the mortgage and finance industries, and provides general legal counsel to those companies for matters related to litigation, regulatory compliance, creditors’ rights, and vendor/customer contracting.

Background

Mr. Miller graduated cum laude from the University of Pittsburgh with a B.A. in Political Science. He received his J.D. from Duquesne University, where he graduated magna cum laude and served on the Editorial Board of the Duquesne Law Review. While in law school, Mr. Miller completed an externship with the Honorable David Stewart Cercone of the United States District Court for the Western District of Pennsylvania and volunteered his time working as a law clerk at Mid Penn Legal Services in York, Pennsylvania, where he assisted attorneys in serving the needs of indigent individuals and families with regard to various civil matters.

Memberships and Affiliations

Mr. Miller is licensed to practice in Pennsylvania and West Virginia, and is admitted to the United States District Courts for the Western and Middle Districts of Pennsylvania and the United States District Courts for the Northern and Southern Districts of West Virginia. He is a member of the Allegheny County, Pennsylvania and American Bar associations and a council member of the Allegheny County Bar Association’s Construction Section. Mr. Miller is actively involved with several construction trade organizations, including the Master Builders’ Association (MBA), Constructors Association of Western Pennsylvania (CAWP), American Subcontractors Association (ASA) and Pennsylvania Builders Exchange (PBX). He also is a member of the Board of Directors for Pennsylvania Organization for Women in Early Recovery (POWER).