David’s areas of practice include alternative dispute resolution and construction law. He arbitrates and mediates construction disputes as a trained and experienced neutral decision maker or facilitator. He advises owners and developers, general contractors, subcontractors, partnerships (public and private) suppliers and sureties on planning and dispute avoidance, as well as dispute resolution through negotiation, mediation, arbitration, and litigation. He drafts and negotiates construction contracts and other documents for both private and public construction projects.
David has arbitrated and mediated many construction disputes as a neutral for more than 30 years; claims have included
- contract interpretation;
- breach of contract;
- construction and design defects;
- professional negligence;
- lost productivity;
- differing site conditions;
- mechanics' liens; and
- surety and insurance issues.
He is a member of the American Arbitration Association National Regular and Large and Complex Arbitration panels and the American Arbitration Association’s Colorado Mediation Panel. He also serves as a neutral mediator and arbitrator in “private” engagements. The size of disputes arbitrated and mediated has ranged from tens of thousands to tens of millions of dollars.
Arbitration, mediation, and construction litigation
David has more than 40 years’ experience helping construction clients resolve disputes through litigation, arbitration, and mediation. David’s experience includes representation of:
- A public-entity owner of two major hospital projects in connection with disputes between the owner and the architect; issues included design defects, the standard of care, contractual interpretation and damages.
- The public-entity owner of a significant power plant conversion project where issues included design defects and other defective performance by an engineer, bankruptcy in France of a major supplier, delays and inefficiency analysis, damages, and negotiation of contract documents.
- A private owner of a power generation facility in disputes with the general contractor; issues included delays, defective performance, damages, and contract interpretation.
- A municipality in disputes with a general contractor on a highway project where issues included delays and inefficiencies, differing site conditions, defective performance, damages, and contract interpretation.
- A painting contractor in disputes with the owner of two large apartment complexes; issues included the statute of limitations and other procedural questions, technical analysis of coatings and other expert analysis, contract interpretation, and the measure of damages.
- A major heavy-highway and paving contractor in disputes arising from the construction of runways at Denver International Airport; issues included compliance with specifications, contract interpretation, technical materials testing disputes, damages, and alleged falsification of concrete test results.
- A surety which took over a project upon default of the principal; issues involved the priority of different types of claims against contract balance, the propriety of payments under the payment bond, and subrogation.
- Two subcontractors in disputes arising from the construction of privately owned structures on a publicly owned property where issues included the validity, extent, and value of mechanics’ liens, performance
andbreach of contract, and the measure of damages.
- The operator of an oil well in a dispute with a working interest owner arising from the original mislocation of the well; issues included validity and accuracy of the original government survey, the effect of a government resurvey, interpretation of a joint operating agreement, and existence and measure of damages.
- A mining engineering firm in disputes involving several Colorado gold mines; issues included mechanics’ liens, contract interpretation and performance, and damages.
- A subcontractor in connection with a road project linked to the Mike O’Callaghan/Pat Tillman bridge below Hoover Dam in Arizona and Nevada; issues included differing site conditions, performance
andinterpretation of the contract, and entitlement to and the measure of damages.
David also counsels contractors, subcontractors, suppliers, owners, and sureties in all aspects of the construction process from bidding and contract issues through performance and resolution of disputes.