David Kurtz - Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

David Kurtz

Listed in Best Lawyers since 2014
Phone: 504-566-5259

David Kurtz is a construction litigator and shareholder in the Firm's New Orleans office. Although his main focus is in the area of construction law, he also has experience in oil and gas and other commercial litigation.

Currently, Mr. Kurtz spends the majority of his time managing disaster-related construction issues resulting from Hurricane Katrina, including defending contractors in injury and contract disputes arising from their work. He also prosecutes claims on behalf of contractors seeking payment by owners and insurers. Other non-disaster work encompasses traditional construction law areas, such as contract disputes, water intrusion and mold and mildew cases, delay claims and EPC contractor litigation.

Mr. Kurtz represents contractors, subcontractors, architects and others, and he has appeared before numerous state and federal courts, both at the trial and appellate levels, as well as before regulatory bodies.  He has served as a special master to the court in construction litigation and also has extensive experience with alternative dispute resolution forums such as arbitration and mediation.

Tulane UniversityBS 1992Duke University School of LawJ.D. 1995
The Green Project (a non-profit organization dedicated to the recycling of building materials and environmental education), New Orleans, LouisianaAmerican Bar Association Federal Bar Association New Orleans Bar Association Louisiana State Bar Association

Case History

Recent Representative Matters
  • Appointed to serve as Liaison Counsel to contractor defendants in multi-district litigation comprising of more than 80,000 claimants who allege injury due to exposure to formaldehyde while living in travel trailers and other emergency housing provided by FEMA following Hurricanes Katrina and Rita. Obtained a defense verdict in a two-week "bellwether" federal jury trial, further resulting in the dismissal of the Firm's client from a second bellwether prior to trial. Defending two contractor defendants in the multi-district litigation.
  • Defending contractor in several lawsuits arising from FEMA's failure to reimburse the City of New Orleans for disaster relief work performed by our client.  Aggregate amount at issue is $10 million. Portions of these disputes have been resolved favorably.
  • Represented EPC contractor in an arbitration involving change order and delay claims relating to the construction of an ethanol plant in California.
  • Represented a hospital manager against the owner in a case involving allegations of mismanagement; amount at issue was $300 million; settled successfully.
  • Represented contractor in dispute with technology vendor affecting the construction of several process facilities around the country.
  • Successfully settled multi-million dollar litigation suit for a local university against allegations of water intrusion in a dormitory.

Office Location

201 Saint Charles Avenue, Suite 3600
New Orleans, LA 70170
United States

Practice Areas

Construction Law
Litigation - Construction