David Lick has more than 40 years of experience in construction law, public-private partnerships, administrative law and alternative dispute resolution.
David is known for his strategic approach to resolve matters. He draws on his undergraduate accounting degree to evaluate situations from an analytical perspective. His experience as an arbitrator enables him to analyze a situation from the vantage point of a judge. He adds his practical experience to custom-crafts solutions.
In 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.
David is listed in Best Lawyers in America, Michigan Super Lawyers, and was adjunct faculty at the University of Western Ontario Law School. David is a member of the American Arbitration Association for construction, commercial, and large complex case; and is an approved Circuit Court Case Evaluator for commercial litigation cases.
David is a nationally known for his knowledge and experience in public-private partnerships. He has developed financing mechanisms for water and wastewater systems, roads, material recovery facilities and economic development needs.
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® 2021 Arbitration "Lawyer of the Year" in Lansing
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® 2007-2021 (Arbitration; Commercial Litigation; Construction Law; Mediation; Project Finance Law)
Michigan Super Lawyers, Construction Litigation, 2013-2019
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, 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
Attended the 2016 Regional Bipartisan Policy Center Executive Council on Infrastructure
Attended the inaugural U.S.-Canada Public-Private Partnership Conference
Memberships & Affiliations
- Ingham County Bar Association, Past President, 2009-2010
- State Bar of Michigan
- American Bar Association
- American Arbitration Association
Industry & Professional Associations:
- National Council for Public-Private Partnerships
- Association General Contractors
- American Institute of Architects
- Michigan Infrastructure and Transportation Association
- Associated Owners & Developers
- Fellowship of Construction Lawyers Society of America
- Member of the Construction Owners Association of America
- Member of the Design Build Institute of America
- Council of Development Finance Agencies
- Michigan Plumbers & Mechanical Contractors Association
- Ingham County Bar Foundation, Past President, 2015-2017; State Bar of Michigan Foundation; and American Bar Association Foundation
- 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
- University of Western Ontario Law School, 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 public-private partnership for a material recovery facility constructed and operated for an eight community authority without any additional cost to the authority, 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 concession agreement for a water and waste water treatment system. 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 parking ramp, cement manufacturing plant, and a technology dispute.
- 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.
- Drafted over 200 agreements involving owners and contractors or architects.
- Resuming Construction Under Executive Order 2020-70, Foster Swift Legal Update E-blast, May 6, 2020
- Back to Work Planning for the Construction Industry, Foster Swift Legal Update E-blast, April 30, 2020
- A Public Private Partnership—Why Not?, Foster Swift 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
News & Events
- Building Michigan’s Infrastructure Through P3s, National Council for Public Private Partnerships (NCPPP), December 3, 2019
- Funding and Financing the Project, National Council for Public Private Partnerships: P3 Showcase, December 3, 2019
- Understanding Michigan’s Regulations & P3 Water Infrastructure Challenges, National Council for Public Private Partnerships: P3 Showcase, December 3, 2019
- Integrated Water & Stormwater Infrastructure Virtual Roundtable, National Council for Public-Private Partnerships, September 14, 2018
- Potential impact of completion of the Gordie Howe Bridge, Cross-Border Institute, September 5, 2018
- Public Private Partnerships: What They Can Do for You, February 2, 2016
- Foster Swift Attorneys Named Best Lawyers® 2021 "Lawyer of the Year", August 20, 2020
- Foster Swift Attorneys Named to 2021 Best Lawyers in America©, August 20, 2020
- Conference Provides Insight to Michigan’s Infrastructure Challenges, November 6, 2019
- 23 Attorneys Selected to 2019 Michigan Super Lawyers and “Rising Stars”, Automation Alley, September 3, 2019
- 42 Foster Swift Attorneys Listed as Best Lawyers® 2020, August 15, 2019
- 31 Foster Swift Attorneys Selected to 2018 Michigan Super Lawyers and “Rising Stars” Lists, September 10, 2018
- 45 Foster Swift Attorneys Listed in Best Lawyers in America© 2019, August 15, 2018
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