David has earned a state-wide reputation for providing sound, innovative and cost-effective solutions for complex issues involving business, commercial litigation and alternative dispute resolutions. He has helped forge partnerships between government and businesses; between businesses and individuals; and between individuals in the areas of business law, construction law, public-private partnerships and non-profit/trade associations.
Regardless of the matter, David is known for his strategic approach to addressing client matters. He often draws upon his undergraduate accounting degree, experience as a mediator and arbitrator, or as a contract administrative law judge to evaluate the situation from different vantage points and to custom-craft an argument or the proper outcome for clients.
Construction - 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 disputes of extras or delay claims, bid protests, differing site conditions, acceleration claims, lien and bond claims.
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 and mediator.
David is a nationally known attorney for his knowledge and experience in public-private partnerships. He has developed financing mechanisms, including design-build finance, project assessment, project finance, operation and maintenance contracts; and drafting requests for proposals for water and wastewater systems, roads, bridges, material recovery facilities, and other infrastructure needs.
David represents a wide range of businesses, including for-profit and non-profit in matters regarding organizational structure, bylaws, operating agreements and employment agreements.
In addition to a thriving practice, David 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 in America (Construction Law)
Michigan Super Lawyers (Construction Litigation)
Michigan SuperLawyers 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
Memberships & Affiliations
- Past Chair for over 10 years of the Ingham County Bar Association Bench Bar Conference
- Ingham County Bar Association, Past President, 2009-2010
- Ingham County Bar Foundation, Vice President
- State Bar of Michigan
- American Bar Association, Construction Industry Forum
- American Arbitration Association
Industry & Professional Associations:
- Michigan State University Resource Management Department, Former Adjunct Professor
- Lansing Community College, Former Adjunct Professor
- International City-County Management Association, Public-Private Partnership Grant Review Committee
- 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
- Design Build Institute of America
- Lick Family Foundation, Co-Founder and Board Member
- Lansing Community Micro-Enterprise Fund (known as the Entrepreneur Institute), Founder
- Okemos Education Foundation Past President and Board Member
- Tomorrow's Child (SIDS), Past Board Member
- David has helped individuals establish non-profit organizations and foundations and has been a board member of many non-profit organizations and has provided advice regarding bylaws, organizational structure and employment agreements.
- 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.
- 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
- Public Franchising Renaissance, American Bar Association Public Contract Law Section, 1995
- Public-Private Enterprises: The Future is Now in Michigan, 1990
News & Events
- Past Successes and Future Potential for Design-Build in Michigan, Design-Build Institute of America: Michigan Chapter, September 23, 2010
- Public-Private Partnerships, ACEC 2009, June 2009
- Water Services National Training, Republic of Ireland National Training Group, January 2001
- Guest lecturer at Michigan State University regarding non-profit organizations
- Riding the Wave of Change in State and Local Procurement, American Bar Association Section of Public Contract Law, 1995
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
U.S. 6th Circuit Court of Appeals
U.S. Supreme Court