David Lick is a member of the firm's Commercial Litigation Practice Group and has more than 30 years of experience in construction law, commercial litigation, public-private partnerships, administrative law and alternative dispute resolution.
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 an 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.
Honors & Recognitions
AV® Preeminent™ Martindale-Hubbell
Best Lawyers® 2019 Arbitration "Lawyer of the Year" in Lansing
Best Lawyers® 2017 Construction Law "Lawyer of the Year" in Lansing
Best Lawyers® 2015 Construction Law "Lawyer of the Year" in Lansing
Best Lawyers in America® 2007-2019 (Arbitration; Commercial Litigation; Construction Law; Mediation; Project Finance Law)
Michigan Super Lawyers 2013-2017 (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
Invited to Participated in the 2016 Regional Bipartisan Policy Center Executive Council on Infrastructure
Memberships & Affiliations
- Ingham County Bar Foundation, President
- Ingham County Bar Association, Past President, 2009-2010
- 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
- Fellowship of Construction Lawyers Society of America
- 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
- 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. The 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 $1.8 million.
- Served as an arbitrator on a $2 million 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.
- A Public Private Partnership—Why Not?, April 2018 Municipal Law News, April 24, 2018
- How to Obtain Best Value for Government Projects, Foster Swift Municipal Law News, April 14, 2017
- How to Shift the Risk out of the Government for Government Projects, Foster Swift Municipal Law News, October 31, 2016
- Recent Amendments to Michigan Laws Expand Opportunities to Finance Energy Conservation Projects through Use of TELP Agreements, Foster Swift Municipal Law News, August 25, 2016
- What are Other Governments Doing?, Foster Swift Municipal Law News, August 25, 2016
- How to Get a Government Project Started, Foster Swift Municipal Law News, June 30, 2016
News & Events
- 45 Foster Swift Attorneys Listed in Best Lawyers in America© 2019, August 15, 2018
- Six Foster Swift Attorneys Named Best Lawyers® 2019 "Lawyer of the Year", August 15, 2018
- 30 Foster Swift Attorneys Selected to 2017 Michigan Super Lawyers and Rising Stars Lists, September 8, 2017
- 46 Foster Swift Attorneys Named to 2018 Best Lawyers in America®, August 21, 2017
- 29 Foster Swift Attorneys Selected to 2016 Michigan Super Lawyers and Michigan Rising Stars Lists, September 2, 2016
- Eight Foster Swift Attorneys Recognized as Best Lawyers® 2017 "Lawyer of the Year", August 25, 2016
- The National Council for Public-Private Partnerships Presents: P3Connect 2016, June 21, 2016
- Public Private Parnterships: What They Can Do for You, February 2, 2016
- Cross Border Public Private Partnerships, 2014 Association for Canadian Studies (MWACS) Conference, November 14, 2014
- Pull Away with P3, CDFA Michigan Financing Roundtable Conference, October 1, 2014
- P3 - What's it All About Forum, Michigan State Senator Tom Casperson, August 5, 2014
- Public Procurement Law Applicable to Construction Contracting, Construction Law for Public Projects, June 26, 2014
- Building Michigan’s Municipal Infrastructure Through P3s, National Council for Public-Private Partnerships, June 12, 2014
University of Michigan Law School, J.D., 1970
Michigan State University, B.A., 1967, Accounting, Honors College
Law Clerk to Judge Quinn of the Michigan Court of Appeals, 1970-1971
Bar and Court Admissions
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