David A.Blake
Partner
Construction
dblake@seyfarth.com
Based on his more than 25 years of experience, David creates and implements strategies that drive successful client outcomes during all phases of a construction project, including contract selection and drafting, project administration, and dispute resolution.
More About David
Companies working in the construction industry must navigate complex contracts, project administration challenges, and contentious claims. David guides his clients to successful outcomes on all of those fronts. David drafts and negotiates effective construction, construction management, design-build, EPC, design, and equipment purchase agreements. During the course of a project, David assists his clients in resolving construction and design issues in a practical and creative manner. When controversies persist, David prosecutes and defends requests for equitable adjustment and claims for issues such as delay, labor inefficiency, and extra work. David is a strong advocate of alternative dispute resolution, and he has successfully settled numerous disputes through mediation. He is also an experienced litigator, representing his clients before state and federal courts, the Armed Services Board of Contract Appeals, and the American Arbitration Association.
David holds an undergraduate degree in architecture, and he has been an LEED-accredited professional since 2006. As such, he offers his clients a rare background that is particularly valuable given the technically oriented nature of construction law.
Since 1994, David has represented his clients on a wide array of private and public construction projects—including foreign embassies, professional sports stadiums, commercial office and mixed-use buildings, high rise residential, courthouses, hospitals, schools, airports, marine ports, highways, refineries, hydro, solar and biomass power generation, industrial facilities, and waste water treatment plants. He is proud to have worked on hundreds of projects with an aggregate value well in excess of $10 billion.
David holds an undergraduate degree in architecture, and he has been an LEED-accredited professional since 2006. As such, he offers his clients a rare background that is particularly valuable given the technically oriented nature of construction law.
Since 1994, David has represented his clients on a wide array of private and public construction projects—including foreign embassies, professional sports stadiums, commercial office and mixed-use buildings, high rise residential, courthouses, hospitals, schools, airports, marine ports, highways, refineries, hydro, solar and biomass power generation, industrial facilities, and waste water treatment plants. He is proud to have worked on hundreds of projects with an aggregate value well in excess of $10 billion.
- JD, The Catholic University of America
Cum laude
- BA, The Catholic University of America
ArchitectureCum laude
- District of Columbia
- Virginia
- US District Court, District of Columbia
Related Key Industries
Transactional
-
Over 25 projects in the Washington, DC metropolitan area, with numerous additional projects nationally, a sample of which are described below.
-
Drafted and negotiated construction, design, and professional service contracts on behalf of a developer for its approximately $1.25 billion Capitol Crossing Project in Washington, DC, which includes decking over a portion of I-395, altering highway ingress and egress, building two bridges, and creating three new blocks of mixed-use buildings over an operating highway.
-
Drafting and negotiating the construction contract on behalf of a developer for a mixed-use retail, office and apartment building project in Washington, DC.
-
Drafted and negotiated design, construction, and construction management contracts on behalf of owners and developers for high-rise residential and mixed-use buildings in New York; Massachusetts; Missouri; and California.
-
Represented foreign nation in drafting and negotiating the construction, facade design, and project management contracts for its new Embassy in Washington, DC, and assisting with the RFPs for each.
-
Represented 2 foreign nations in drafting and negotiating the construction contracts for major renovations to their Embassies in Washington, DC.
-
Represented an owner in connection with the design and construction of a multibillion dollar NFL stadium and other improvements that serve as the home field for two NFL member teams and a premiere entertainment district for the holding of concerts and other events.
-
Represented the design-builder of the approximately $4 billion LaGuardia Airport Central Terminal Redevelopment P3 Project in New York.
-
Represented an airports authority in connection with the procurement, construction, and contract administration for its $500 million capital improvement program for one of its Virginia airports that included a new concourse and significant security upgrades. Work included structuring and drafting a construction management at risk RFP and contract, and providing counselling during the course of construction.
-
Represented the same airports authority in preparing the design-build contract for a new concourse at a different airport in Virginia.
-
Represented municipal owner in drafting the contracts for the reconstruction of its marine port in Alaska.
-
Represented an owner in drafting and negotiating the EPC contract for a $300 million renewable diesel refinery.
-
Drafted and negotiated design-build contract for a $20 million dormitory in Washington, DC.
-
Drafted EPC contracts for 79 megawatt and 90 megawatt biomass-fired power facilities in Georgia and North Carolina.
-
Drafted and negotiated three design-build contracts for wood-based pellet manufacturing plants in Mississippi and Louisiana with an aggregate cost of approximately $350 million.
-
Drafted and negotiated design-build contract for an approximately $50 million transloading and storage facility in Louisiana.
-
Drafted and negotiated four industrial process equipment agreements with an aggregate cost of approximately $40 million.
-
Prepared model contracts for upgrading an energy company’s hydroelectric power plants located across the US.
-
Drafted and negotiated turbine and generator purchase agreements for two, 10 megawatt hydroelectric power plants in Illinois.
-
Represented an owner in connection with the drafting of a design-build contract for a fabrication, office, and hangar complex at an air and space port in California.
-
Drafted construction management contract for a $500 million multiphase campus-style movie production complex in Massachusetts.
-
Edited and negotiated an engineering contract for a highway project in Texas.
-
Structured and drafted a suite of model contracts for use by a public school board in Virginia, including design-build, design, construction, construction management, and professional service contracts.
- Analyzed numerous construction contracts (with a total value of approximately $1 billion) on behalf of a construction manager, and advised it of the risks associated with those contracts.
Claims/Litigation
- Defended design and construction manager against subcontractor seeking over $20 million plus punitive damages in connection with the construction of a professional baseball stadium. Following a six-week trial, obtained a complete defense verdict in which the subcontractor recovered $0.
- Represented municipal owner, design-builder, and structural engineer of the Pittsburgh Pirates’ $250 million baseball stadium in federal litigation involving over $25 million in delay and other claims. Following more than 75 fact and expert depositions, the matter was successfully mediated and settled.
- Represented municipal owner of the Washington Nationals' baseball stadium in connection with disputes involving the construction and leasing of the stadium. The matter was favorably settled.
- Represented government construction contractor in litigation challenging the default termination of its contract.
- Defended curtain-wall subcontractor against $1 million in delay claims asserted by the general contractor that renovated an office building in downtown Washington, DC. After an 18-day arbitration, obtained an award that denied all of the general contractor’s delay claims, and awarded damages to client on its counterclaim.
- Defended construction manager against $12 million in delay and impact claims brought by one of its subcontractors in federal court arising out of a complex, $60 million laboratory project for the federal government. Following a two-day mediation, structured an extremely favorable settlement for the client in which they paid approximately 10% of the claimed amount.
- Prosecuted $10 million claim in federal court on behalf of contractor that built a waste water treatment plant. Successfully mediated case resulting in settlement for client in which it received more than 50% of its claim.
- Defended general contractor sued in federal court by one of its subcontractors based upon the renovation of a collegiate sports facility. Promptly arranged for a mediation before significant funds were spent on discovery, and successfully settled the case for less than 25% of the amount the subcontractor had requested in its complaint.
- Negotiated resolution of general contractor client’s claims for delay, impact, and extra work, and the US Army Corps of Engineers’ allegations of defective construction, arising out of a $130 million airfield project in Egypt.
- Litigated, mediated, and settled more than $10 million in claims for electrical subcontractor client arising out of federal museum, performing arts center, waste water treatment plant, and chip manufacturing facility projects totaling in excess of $250 million.
Related News & Insights
-
Attorney Publication
12/14/2023
Now Available! Seyfarth’s 50 State Lien Law Notice Requirements Guide (2023-2024 Edition)
-
Recognition
08/17/2023
210 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2024
-
Recognition
06/01/2023
2023 Chambers USA Names 81 Seyfarth Lawyers as Leaders in Business Law; 36 Seyfarth Practices Also Recognized as Leaders in Their Fields
-
Recognition
Aug 18, 2022
Seyfarth Attorneys Named in The Best Lawyers in America 2023
- Listed in The Best Lawyers in America (Woodward/White Inc.) for Construction Law (2023-2024); Litigation - Construction (2024)
- Chambers USA, recognized for Construction Law (District of Columbia) (2021-2023)
- The Legal 500 (Legalese Ltd.), identified as a Recommended Attorney for Construction Law (2016, 2017, 2019-2022)
- District of Columbia Building Industry Association (co-chair of Construction & Development Committee)
-
Construction Owners Association of America
- Design Build Institute of America
- Author, "COVID-19 Riders for Construction Change Orders," National Association of Surety Bond Producers (November 3, 2021)
- Author, " Court Allows Another Lawsuit Seeking Business Interruption Insurance Coverage for COVID-19 to Proceed: Mounting Evidence of a Sea Change?" The Construction Seyt Blog, Seyfarth Shaw LLP (August 30, 2021)
- Author, "Contract Drafting Tip: LEED Damages and the Waiver of Consequential Damages Clause," National Association of Surety Bond Producers (July 16, 2021)
-
Author, "COVID-19 Language for New Construction Contracts," GlobeSt.com (August 24, 2020)
- Author, "COVID-19 Language for New Construction Contracts: A Practical Approach," Legal Update, Seyfarth Shaw LLP (June 24, 2020)
- Co-Author, "A201 Playbook for COVID-19: Avoiding Pitfalls and Mitigating Risk on Construction Projects," Legal Update, Seyfarth Shaw LLP (April 16, 2020)
- Author, "Foreign Governments Contracting for Construction in the United States: Navigating the Foreign Sovereign Immunities Act," The Construction Seyt Blog, Seyfarth Shaw LLP (January 8, 2020)
- Co-Author, "Developments in 'Green' Litigation at the Dawn of the Era of Sustainability," Real Estate Law & Industry Report, Bloomberg BNA, Inc. (January 24, 2012)
- Contributing Author, "Drafting and Negotiating Construction and Design Contracts, Meeting the Challenges of Sustainable Development 2010," Practising Law Institute (July 2010)
- Author, "Contract Drafting Tips for Green Projects," Special Edition:Construction Law, Construction Executive (February 2010)
- Author, "Contract Issues and Drafting Tips for Green Projects," Construction Law Report, Seyfarth Shaw LLP (Summer 2009)
- Author, "Mitigating Construction Management Risks on Green Projects," Legal Corner, CMAdvisor (March/April 2009)
- Co-Contributor, "The Legal Risk in 'Building Green': New Wine In Old Bottles? A USGBC Panel Discussion," U.S. Green Building Council (November 2008)
- Co-Author, "Avoiding the Gray Area When Going Green," The Construction Specifier, vol. 60, no. 11, Seyfarth Shaw LLP (November 1, 2007)
- Author, "Risk Allocation in LEED® Certification," Design-Build DATELINE (October 2006)
- "Professional Misrepresentation Carries Risk of Legal Penalties," AIA/DC News (July/August 2006)
- "Accessibility Guidelines: Knowing When to Apply Which Regulations," AIA/DC News (May/June 2006)
- "The Revised ADAAG: Do You Need to Follow It Now?" AIA/DC News (April 2006)
- "Architects May Qualify for New Income Tax Break," AIA/DC News (March 2006)
- "Significant ADA Developments In 2004," Design-Build DATELINE (Spring 2005)
- Co-Presenter, "COVID-19: What Have We Learned? Legal Trends and Practical Tips for Real Estate Developers," Webinar, Seyfarth Shaw LLP (October 7, 2021)
- Co-Presenter, "Construction Challenges During COVID-19: Suspensions, Delays, Workforce Depletion, and Other Considerations," Webinar, Strafford Publications, Inc. (June 3, 2020)
- Co-Presenter, "COVID-19 Construction Playbook," Webinar, DC Building Industry Association (April 15, 2020)
- Co-Presenter, "COVID-19's Impact on Public and Private Construction Projects," Webinar, Seyfarth Shaw LLP (April 1, 2020)
- Presenter, "Construction Management Agreements: Key Provisions, Common Areas of Dispute, and Minimizing Performance Risk," Webinar, Strafford Publications, Inc. (June 17, 2019)
- Guest Speaker, "Contract Strategies for Green Projects," Georgetown University School of Continuing Studies in Real Estate (2012-2015, 2018, 2019)
- Presenter, "Key Construction Contract Concepts, Project Records, and Disputes," in-house presentation for real estate developer (October 3, 2017)
- Presenter, "GMP Contract Strategies," in-house presentation for construction manager (December 9, 2016)
- Presenter, "Green Litigation Update," USGBC’s International Greenbuild Conference (October 6, 2011)
- Little league baseball and youth basketball coach
Based on his more than 25 years of experience, David creates and implements strategies that drive successful client outcomes during all phases of a construction project, including contract selection and drafting, project administration, and dispute resolution.
More About David
Companies working in the construction industry must navigate complex contracts, project administration challenges, and contentious claims. David guides his clients to successful outcomes on all of those fronts. David drafts and negotiates effective construction, construction management, design-build, EPC, design, and equipment purchase agreements. During the course of a project, David assists his clients in resolving construction and design issues in a practical and creative manner. When controversies persist, David prosecutes and defends requests for equitable adjustment and claims for issues such as delay, labor inefficiency, and extra work. David is a strong advocate of alternative dispute resolution, and he has successfully settled numerous disputes through mediation. He is also an experienced litigator, representing his clients before state and federal courts, the Armed Services Board of Contract Appeals, and the American Arbitration Association.
David holds an undergraduate degree in architecture, and he has been an LEED-accredited professional since 2006. As such, he offers his clients a rare background that is particularly valuable given the technically oriented nature of construction law.
Since 1994, David has represented his clients on a wide array of private and public construction projects—including foreign embassies, professional sports stadiums, commercial office and mixed-use buildings, high rise residential, courthouses, hospitals, schools, airports, marine ports, highways, refineries, hydro, solar and biomass power generation, industrial facilities, and waste water treatment plants. He is proud to have worked on hundreds of projects with an aggregate value well in excess of $10 billion.
David holds an undergraduate degree in architecture, and he has been an LEED-accredited professional since 2006. As such, he offers his clients a rare background that is particularly valuable given the technically oriented nature of construction law.
Since 1994, David has represented his clients on a wide array of private and public construction projects—including foreign embassies, professional sports stadiums, commercial office and mixed-use buildings, high rise residential, courthouses, hospitals, schools, airports, marine ports, highways, refineries, hydro, solar and biomass power generation, industrial facilities, and waste water treatment plants. He is proud to have worked on hundreds of projects with an aggregate value well in excess of $10 billion.
- JD, The Catholic University of America
Cum laude
- BA, The Catholic University of America
ArchitectureCum laude
- District of Columbia
- Virginia
- US District Court, District of Columbia
Related Key Industries
Transactional
-
Over 25 projects in the Washington, DC metropolitan area, with numerous additional projects nationally, a sample of which are described below.
-
Drafted and negotiated construction, design, and professional service contracts on behalf of a developer for its approximately $1.25 billion Capitol Crossing Project in Washington, DC, which includes decking over a portion of I-395, altering highway ingress and egress, building two bridges, and creating three new blocks of mixed-use buildings over an operating highway.
-
Drafting and negotiating the construction contract on behalf of a developer for a mixed-use retail, office and apartment building project in Washington, DC.
-
Drafted and negotiated design, construction, and construction management contracts on behalf of owners and developers for high-rise residential and mixed-use buildings in New York; Massachusetts; Missouri; and California.
-
Represented foreign nation in drafting and negotiating the construction, facade design, and project management contracts for its new Embassy in Washington, DC, and assisting with the RFPs for each.
-
Represented 2 foreign nations in drafting and negotiating the construction contracts for major renovations to their Embassies in Washington, DC.
-
Represented an owner in connection with the design and construction of a multibillion dollar NFL stadium and other improvements that serve as the home field for two NFL member teams and a premiere entertainment district for the holding of concerts and other events.
-
Represented the design-builder of the approximately $4 billion LaGuardia Airport Central Terminal Redevelopment P3 Project in New York.
-
Represented an airports authority in connection with the procurement, construction, and contract administration for its $500 million capital improvement program for one of its Virginia airports that included a new concourse and significant security upgrades. Work included structuring and drafting a construction management at risk RFP and contract, and providing counselling during the course of construction.
-
Represented the same airports authority in preparing the design-build contract for a new concourse at a different airport in Virginia.
-
Represented municipal owner in drafting the contracts for the reconstruction of its marine port in Alaska.
-
Represented an owner in drafting and negotiating the EPC contract for a $300 million renewable diesel refinery.
-
Drafted and negotiated design-build contract for a $20 million dormitory in Washington, DC.
-
Drafted EPC contracts for 79 megawatt and 90 megawatt biomass-fired power facilities in Georgia and North Carolina.
-
Drafted and negotiated three design-build contracts for wood-based pellet manufacturing plants in Mississippi and Louisiana with an aggregate cost of approximately $350 million.
-
Drafted and negotiated design-build contract for an approximately $50 million transloading and storage facility in Louisiana.
-
Drafted and negotiated four industrial process equipment agreements with an aggregate cost of approximately $40 million.
-
Prepared model contracts for upgrading an energy company’s hydroelectric power plants located across the US.
-
Drafted and negotiated turbine and generator purchase agreements for two, 10 megawatt hydroelectric power plants in Illinois.
-
Represented an owner in connection with the drafting of a design-build contract for a fabrication, office, and hangar complex at an air and space port in California.
-
Drafted construction management contract for a $500 million multiphase campus-style movie production complex in Massachusetts.
-
Edited and negotiated an engineering contract for a highway project in Texas.
-
Structured and drafted a suite of model contracts for use by a public school board in Virginia, including design-build, design, construction, construction management, and professional service contracts.
- Analyzed numerous construction contracts (with a total value of approximately $1 billion) on behalf of a construction manager, and advised it of the risks associated with those contracts.
Claims/Litigation
- Defended design and construction manager against subcontractor seeking over $20 million plus punitive damages in connection with the construction of a professional baseball stadium. Following a six-week trial, obtained a complete defense verdict in which the subcontractor recovered $0.
- Represented municipal owner, design-builder, and structural engineer of the Pittsburgh Pirates’ $250 million baseball stadium in federal litigation involving over $25 million in delay and other claims. Following more than 75 fact and expert depositions, the matter was successfully mediated and settled.
- Represented municipal owner of the Washington Nationals' baseball stadium in connection with disputes involving the construction and leasing of the stadium. The matter was favorably settled.
- Represented government construction contractor in litigation challenging the default termination of its contract.
- Defended curtain-wall subcontractor against $1 million in delay claims asserted by the general contractor that renovated an office building in downtown Washington, DC. After an 18-day arbitration, obtained an award that denied all of the general contractor’s delay claims, and awarded damages to client on its counterclaim.
- Defended construction manager against $12 million in delay and impact claims brought by one of its subcontractors in federal court arising out of a complex, $60 million laboratory project for the federal government. Following a two-day mediation, structured an extremely favorable settlement for the client in which they paid approximately 10% of the claimed amount.
- Prosecuted $10 million claim in federal court on behalf of contractor that built a waste water treatment plant. Successfully mediated case resulting in settlement for client in which it received more than 50% of its claim.
- Defended general contractor sued in federal court by one of its subcontractors based upon the renovation of a collegiate sports facility. Promptly arranged for a mediation before significant funds were spent on discovery, and successfully settled the case for less than 25% of the amount the subcontractor had requested in its complaint.
- Negotiated resolution of general contractor client’s claims for delay, impact, and extra work, and the US Army Corps of Engineers’ allegations of defective construction, arising out of a $130 million airfield project in Egypt.
- Litigated, mediated, and settled more than $10 million in claims for electrical subcontractor client arising out of federal museum, performing arts center, waste water treatment plant, and chip manufacturing facility projects totaling in excess of $250 million.
Related News & Insights
-
Attorney Publication
12/14/2023
Now Available! Seyfarth’s 50 State Lien Law Notice Requirements Guide (2023-2024 Edition)
-
Recognition
08/17/2023
210 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2024
-
Recognition
06/01/2023
2023 Chambers USA Names 81 Seyfarth Lawyers as Leaders in Business Law; 36 Seyfarth Practices Also Recognized as Leaders in Their Fields
-
Recognition
Aug 18, 2022
Seyfarth Attorneys Named in The Best Lawyers in America 2023
- Listed in The Best Lawyers in America (Woodward/White Inc.) for Construction Law (2023-2024); Litigation - Construction (2024)
- Chambers USA, recognized for Construction Law (District of Columbia) (2021-2023)
- The Legal 500 (Legalese Ltd.), identified as a Recommended Attorney for Construction Law (2016, 2017, 2019-2022)
- District of Columbia Building Industry Association (co-chair of Construction & Development Committee)
-
Construction Owners Association of America
- Design Build Institute of America
- Author, "COVID-19 Riders for Construction Change Orders," National Association of Surety Bond Producers (November 3, 2021)
- Author, " Court Allows Another Lawsuit Seeking Business Interruption Insurance Coverage for COVID-19 to Proceed: Mounting Evidence of a Sea Change?" The Construction Seyt Blog, Seyfarth Shaw LLP (August 30, 2021)
- Author, "Contract Drafting Tip: LEED Damages and the Waiver of Consequential Damages Clause," National Association of Surety Bond Producers (July 16, 2021)
-
Author, "COVID-19 Language for New Construction Contracts," GlobeSt.com (August 24, 2020)
- Author, "COVID-19 Language for New Construction Contracts: A Practical Approach," Legal Update, Seyfarth Shaw LLP (June 24, 2020)
- Co-Author, "A201 Playbook for COVID-19: Avoiding Pitfalls and Mitigating Risk on Construction Projects," Legal Update, Seyfarth Shaw LLP (April 16, 2020)
- Author, "Foreign Governments Contracting for Construction in the United States: Navigating the Foreign Sovereign Immunities Act," The Construction Seyt Blog, Seyfarth Shaw LLP (January 8, 2020)
- Co-Author, "Developments in 'Green' Litigation at the Dawn of the Era of Sustainability," Real Estate Law & Industry Report, Bloomberg BNA, Inc. (January 24, 2012)
- Contributing Author, "Drafting and Negotiating Construction and Design Contracts, Meeting the Challenges of Sustainable Development 2010," Practising Law Institute (July 2010)
- Author, "Contract Drafting Tips for Green Projects," Special Edition:Construction Law, Construction Executive (February 2010)
- Author, "Contract Issues and Drafting Tips for Green Projects," Construction Law Report, Seyfarth Shaw LLP (Summer 2009)
- Author, "Mitigating Construction Management Risks on Green Projects," Legal Corner, CMAdvisor (March/April 2009)
- Co-Contributor, "The Legal Risk in 'Building Green': New Wine In Old Bottles? A USGBC Panel Discussion," U.S. Green Building Council (November 2008)
- Co-Author, "Avoiding the Gray Area When Going Green," The Construction Specifier, vol. 60, no. 11, Seyfarth Shaw LLP (November 1, 2007)
- Author, "Risk Allocation in LEED® Certification," Design-Build DATELINE (October 2006)
- "Professional Misrepresentation Carries Risk of Legal Penalties," AIA/DC News (July/August 2006)
- "Accessibility Guidelines: Knowing When to Apply Which Regulations," AIA/DC News (May/June 2006)
- "The Revised ADAAG: Do You Need to Follow It Now?" AIA/DC News (April 2006)
- "Architects May Qualify for New Income Tax Break," AIA/DC News (March 2006)
- "Significant ADA Developments In 2004," Design-Build DATELINE (Spring 2005)
- Co-Presenter, "COVID-19: What Have We Learned? Legal Trends and Practical Tips for Real Estate Developers," Webinar, Seyfarth Shaw LLP (October 7, 2021)
- Co-Presenter, "Construction Challenges During COVID-19: Suspensions, Delays, Workforce Depletion, and Other Considerations," Webinar, Strafford Publications, Inc. (June 3, 2020)
- Co-Presenter, "COVID-19 Construction Playbook," Webinar, DC Building Industry Association (April 15, 2020)
- Co-Presenter, "COVID-19's Impact on Public and Private Construction Projects," Webinar, Seyfarth Shaw LLP (April 1, 2020)
- Presenter, "Construction Management Agreements: Key Provisions, Common Areas of Dispute, and Minimizing Performance Risk," Webinar, Strafford Publications, Inc. (June 17, 2019)
- Guest Speaker, "Contract Strategies for Green Projects," Georgetown University School of Continuing Studies in Real Estate (2012-2015, 2018, 2019)
- Presenter, "Key Construction Contract Concepts, Project Records, and Disputes," in-house presentation for real estate developer (October 3, 2017)
- Presenter, "GMP Contract Strategies," in-house presentation for construction manager (December 9, 2016)
- Presenter, "Green Litigation Update," USGBC’s International Greenbuild Conference (October 6, 2011)
- Little league baseball and youth basketball coach