Education
University of Michigan Law School, J.D., 1970
Michigan State University, B.A., 1967, Accounting, Honors College
Clerkships
Law Clerk to Judge Quinn of the Michigan Court of Appeals, 1970-1971
Bar and Court Admissions
Michigan
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Michigan
U.S. District Court for the Northern District of Indiana
David M. Lick
Shareholder
Joining Foster Swift in 2006, David Lick serves as the leader of the firm's Commercial Litigation Practice Group.
Dave has more than 30 years experience in the areas of construction law, commercial litigation, public-private partnerships, administrative law and alternative dispute resolution.
Regardless of the matter, David is known for his strategic approach to addressing client matters. Drawing on his undergraduate accounting degree, he uses the numbers as a platform to evaluate the situation. Next, his experience as an arbitrator and a contract administrative law judge enables him to analyze the situation from the vantage point of a prospective judge. Finally, he adds his practical experience and then custom-crafts analysis and arguments for clients.
In the construction arena, David is seasoned in representing the interests of owners, architects, developers, contractors, subcontractors and suppliers at every stage of the process, from drafting initial contracts to project completion including any disputes.
As commercial litigation continues to expand from the courtroom to include many forms of alternative dispute resolution, David regularly represents clients in mediation, arbitration, litigation of business/owner disputes, trade secret disputes, non-compete, confidentiality anti-piracy claims, employment, and employment litigation matters. David is a member of the American Arbitration Association and, is approved Circuit Court Case Evaluator for commercial litigation cases.
David is a nationally known attorney for his knowledge and experience in public-private partnerships. He has developed financing mechanisms for water and wastewater systems, roads, bridges, material recovery facilities, and other infrastructure needs.
In addition to a thriving practice, Dave is very active in the community and serves in numerous leadership roles in legal, professional and community organizations.
Highlights & Recognitions
AV® Preeminent™ Martindale-Hubbell
Best Lawyers in America (Construction Law)
Michigan Super Lawyers (Construction Litigation)
Michigan Super Lawyers Corporate Counsel Edition (Construction)
Distinguished Volunteer Award presented by the Ingham County Bar Association, 2008
Small Business Advocate Award presented by the Lansing Regional Chamber of Commerce, 2001
Certificate of Appreciation presented by the Michigan Department of Transportation for Dedicated Service presented by Patrick M. Nowak, Director of the Michigan Department of Transportation, 1993-1995
Member of the Environmental Financial Advisory Board to the United States Environmental Protection Agency, 1990-1995
Appointment to the Michigan Public-Private Partnership Commission by Governor of the State of Michigan, 1992
Award for Public Service by the Lansing Community Micro-Enterprise Fund
Representative Matters
- Represented a construction contractor for accelerated performance and differing site conditions claim against a governmental agency, which was resolved for approximately $2.5 million.
- Provided the analysis, framework and model to utilize public-private partnerships to have a material recovery facility constructed and operated for an eight community authority without any additional cost to the authority or its citizens, which shared in some revenues. Project won an award from the National Counsel of Public-Private Partnerships.
- Represented two communities and a hospital to develop a unique arrangement for the improvement of an expressway interchange. Advices permitted the use of real estate to qualify for federal matching dollars and established a liaison with the Department of Transportation.
- Developed the contracts for contracting out the operation and maintenance and ultimate concession agreement for a municipality with a private operator regarding the water and waste water treatment systems which project resulted in invitation to the Republic of Ireland for a presentation of how to undertake public-private partnerships for infrastructure.
- Represented highly visible public image owners regarding their construction contracts to renovate their facilities and ultimately arbitrate their claims.
- Provided advices to a minority ownership interest in a limited liability company that resulted in a solidification of their interest and control.
- Served as the arbitrator for large complex cases, including a multi-million dollar construction for various types of structures, including parking ramps and cement factories, and technology disputes.
- Represented a contractor on a bid protest against the State of Michigan which resulted in an award of a contract in the amount of $1,800,000.
- Served as an arbitrator on a $2,000,000 construction claim of an owner against a contractor through the American Arbitration Association.
- Represented an entity regarding a trademark/copyright infringement case which resulted in a settlement award under $100,000 to my client with a continuing prohibition order.
News
- 21 Foster Swift Attorneys named to 2011 Michigan Super Lawyers; 4 named Michigan Rising Stars, September 12, 2011
- David Lick named MSU Adjunct Faculty Member and Canadian Conference Speaker, July 18, 2011
- Foster Swift Attorney to Present at NCPPP Workshop, April 8, 2011
- 18 Foster Swift Lawyers Included on 2010 Super Lawyers List, October 28, 2010
- Ingham County Bar Association wins Kimberly M. Cahill Award, September 29, 2010
- Foster Swift's 2011 Best Lawyers, August 17, 2010
- Nineteen Foster Swift Attorneys Named in 2009 Super Lawyers, September 22, 2009
Speaking Engagements
- Great Lakes Trade and Transport Hub, October 30, 2011
- Michigan: The Logistics Hub for the Mid-West, West Michigan Policy Forum, October 3, 2011
- David Lick to speak at "Global Trade and Transportation: Next Steps", Dalhousie University's Centre for International Trade and Transportation and Michigan State University's Canadian Studies Center, June 19, 2011
- Dave Lick to present at "Implementing Partnerships for Infrastructure" hosted by National Council on Public Private Partnerships, National Council on Public Private Partnerships, May 11, 2011
- Dave Lick presents at the Design Build Institute of America's 2011 Spring Forum, Design Build Institute of America, April 8, 2011
- Foster Swift attorneys present MSAE Legal Symposium. IP, Social Media, Employment Insurance, Tax, Lobbying and Health Care topics covered., Sponsored by Foster Swift Collins & Smith, PC, November 17, 2010
For more, click here
Publications
- Be Timely When Filing Claims for Damages Against the State, Foster Swift Construction Law News, March 2011
- New Law Allows Creative Public-Private Partnerships at Municipal Level – A Potential Option to Help Pay for Public Projects, Foster Swift Municipal Law News, March 2011
- Construction Site Stormwater Subject to New Regulations, Foster Swift Construction Law E-News, December 17, 2009
- BIM: A Great Resource with Risk as the 6th Dimension, Foster Swift Construction Law News, September 2009
- Contractors Can Assist Municipalities to Build Infrastructure through IPA'S, Foster Swift Construction Law News, March 2009
- Dispute Resolution Mechanism, Contractor's Guide to Michigan Construction Law, 2009
For more, click here
Memberships & Affiliations
Legal Affiliations:
- Ingham County Bar Association, Past President, 2009-2010
- Ingham County Bar Foundation, Vice President
- State Bar of Michigan
- American Bar Association
- American Arbitration Association
Industry & Professional Associations:
- U.S. Environmental Protection Agency, Environmental Financial Advisory Board, Past Member
- National Council for Public-Private Partnerships
- Association General Contractors
- American Institute of Architects
- Michigan Infrastructure and Transportation Association
- Michigan Society of Association Executives
- Capital Area Michigan Works
- Associated Owners & Developers
Community Involvement:
- Lick Family Foundation, Co-Founder and Board Member
- Lansing Community Micro-Enterprise Fund (known as the Entrepreneur Institute), Founder
- Lansing Community College, Former Adjunct Professor
- Michigan State University Resource Management Department, Former Adjunct Professor
- Okemos Education Foundation Past President and Board Member
- Tomorrow's Child (SIDS), Past Board Member