David Bashford’s practice consists entirely of representing clients in the construction industry on projects throughout the United States and internationally, including extensive experience with utility-scale energy developers and contractors.
He represents clients in risk management matters, including contract negotiation, contract/project administration assistance, and claim avoidance/mitigation, and, when necessary, dispute resolution, including claim preparation, negotiation, mediation, arbitration and/or litigation. Previously, David served as general counsel for an EPC solar contractor with $2 billion per year in revenue across the U.S. and internationally. He has experience with entering new jurisdictions for EPC work in North America, South America, Europe, Asia, Africa and Australia.
David provides clients with legal advice in the context of understanding their business. His goal is to support the clients’ business and help them thrive, by primarily focusing on avoiding and mitigating problems when they arise where possible, while also protecting clients’ interests through dispute resolution when and if necessary.
The construction business is surrounded by risk, and the successful contractor is able to identify, manage and mitigate risks (including resulting impact) as early as possible. Early and efficient resolution of disputes and conflicts during the construction process is the key to a successful project and portfolio of work, and therefore should be the centerpiece of any effective risk management plan. Such risk management should always be backed up by the ability to pursue formal dispute resolution in a cost-effective manner where the parties cannot reach a compromised settlement, but often times legal support on the front end of work is substantially more “efficient” than fees paid after the project in order to fight in litigation or arbitration.
David provides clients and their project teams with significant risk management training generally and specific to the contract/project at issue prior to the first shovel in the ground. This is backed up by ongoing risk assessment and claim management during performance of the work, all aimed towards getting reasonable and equitable business resolutions where possible in order to allow the parties to finish the job.
David believes a good attorney should be a “value add” to the process of construction and conflict by helping clients determine the best overall business solutions in the context of relevant legal, factual and practical parameters, and he brings this philosophy to all of his dealings with clients.