David is part of our construction litigation practice group and also practices real estate law. He claims numerous high-profile successes amounting to millions of dollars secured in litigation on behalf of both plaintiffs and defendants. These clients have included water agencies, concrete subcontractors, engineering firms, developers, homeowners associations, individual homeowners, and other businesses or institutions.
An attorney at Ferguson Case Orr Paterson since 2001, David has been AV-rated pre-eminent by Martindale-Hubbard. He is a graduate of the Loyal University School of Law, where he worked on the staff of the Loyala Law Review and was published on landlord tenant law. Before becoming an attorney, David, who earned a bachelor’s degree in electrical engineering with highest honors from the University of California, Santa Barbara, worked with a major engineering construction firm and as a field surveyor for the U.S. Forest Service.
An avid traveler who has visited 17 countries on three continents, David has also climbed Mt. Kilimanjaro. He and his wife enjoy spending time with their three children and five grandchildren when the pair aren’t traveling and he isn’t practicing law.
- Wellfield Pipeline. Represented Water District, recovering $1,045,000 for defective pipeline construction joints causing corrosion.
- Parking Structures. Represented concrete subcontractor on parking structure project at Santa Ana mall involving claims for extras. Defended against backcharge claims by the general contractor, resulting in a substantial recovery for the concrete subcontractor.
- Tunnel Boring for Pipeline Project. Successfully defended Water District in action involving claims for extra compensation after a tunnel boring machine became stuck under a flowing watercourse. The claim for extra compensation raised the issue whether the contractor and subcontractor had submitted false claims.
- Mail Handling Facility. Represented concrete subcontractor in claim for extra compensation resulting from foundation redesign with a substantial recovery.
- Tilt Up Building Projects. Represented general engineering and concrete contractors in litigation involving more than 15 tilt up buildings. These typically involved foundation and underlying soil problems, resulting in claims for extra compensation.
- Pipeline Projects. Represented general engineering contractors in more than 10 pipeline projects. These typically involved claims for extra compensation resulting from soil conditions.
- Subdivision Improvement Projects. Represented developers and contractors in numerous projects for both commercial and residential subdivision improvements, including the gamut of road and utility problems.
- Airport Paving Project. Successfully represented general engineering contractor in project in which material testing used by Agency as basis for refusing to pay contractor was demonstrated to have been improperly done.
- Condominium Project. Lead attorney in lawsuit involving a 440-unit condominium project with roof, deck and window leak problems, which was settled for $8.6 million.
- Condominium Conversion. Successfully defended developer of 120-unit condominium conversion project from claims of roof and window leaks.
- Condominium Balcony Railings. Represented HOA to recover $1 million for defective metal balcony railings.
- Single Family Residences. Represented developers, contractors and individual owners in construction disputes involving single-family residences. These typically involved water intrusion, soil problems or completion issues.
- Cold Storage Warehouse. Successfully represented Harbor District that owned the warehouse. Chilled water system had inadequate vapor barrier allowing ice to form in insulation around piping. Infrared survey demonstrated ice formation throughout system.
- Marine Wharf. Represented Harbor District successfully to recover for concrete topping slab on wharf that delaminated and cracked due to failure of engineer and contractor to properly specify and carry out surface preparation.
- Ice Cream Cold Storage Warehouse. A substantial recovery was obtained for ice cream distributor in claim against insurance carrier on the building insurance policy for warehouse damaged when concrete floor heaved up due to frozen subgrade.
- Pre-Manufactured Warehouse. Represented owner in claim for inadequate waterproofing of a building in a marine environment with significant damage to structural support of the building, obtaining a substantial recovery.
- Power Plant. Successfully represented supplier of noise reduction equipment, obtaining an award of extra compensation for redesign of turbine silencers because the specifications were wrong.
- Equestrian Facility. Defective structural design and construction required the facility to be torn down and rebuilt. Recovered cost to rebuild from the engineer and subcontractor.