People: David A. Blake, LEED AP, Partner
David A. Blake, LEED AP
Direct: (202) 828-3523
Fax: (202) 828-5393
J.D., Catholic University of America, Columbus School of Law (1994)
B.A., Catholic University of America (1991)
- District of Columbia
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Colorado
- Georgetown University, School of Continuing Studies in Real Estate (Guest Lecturer)
- District of Columbia Building Industry Association
- Design Build Institute of America
- Representing the design-builder for the LaGuardia Airport Central Terminal Redevelopment Project in New York, which has an estimated construction cost of $4 billion, and is the largest P3 project in U.S. history. Work has included drafting and/or negotiating the prime design agreement, design-build agreement heads of the terms, and lease provisions.
- Representing the developer in drafting and negotiating the construction, design and professional service contracts 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.
- Representing an Airports Authority in connection with the procurement, construction and contract administration for its $500 million capital improvement program that includes a new concourse and significant security upgrades. Work includes structuring and drafting a construction management at risk RFP and contract, and providing counselling during the course of construction.
- Representing the owner of the Los Angeles Rams in connection with the design and construction of the multi-billion dollar sports and entertainment facility that will serve as the home field of the Los Angeles Rams professional football team and the premiere entertainment facility in the Los Angeles metropolitan area for the holding of concerts and other entertainment events.
- Representing municipal owner in drafting the contracts for the reconstruction of its marine port.
- Representing an owner in drafting and negotiating the EPC contract for a $300 million renewable diesel refinery, which will have a yearly production capacity of 85,000,000 gallons of “drop-in” renewable diesel.
- Drafted and negotiated design, construction and construction management contracts for high-rise residential and mixed-use buildings in Massachusetts, New York, Washington, DC, Missouri and California.
- 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 United States.
- Drafting and negotiated turbine and generator purchase agreements for two, 10 Megawatt hydroelectric power plants in Illinois.
- Prepared contract for roof-top solar power generation system on a commercial office building in New Jersey.
- Represented 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 multi-phase, 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, as part of the construction manager’s on-going risk management strategy.
- 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.
- Defended curtain-wall subcontractor against $1 million in delay claims asserted by the general contractor that renovated an office building in downtown Washington, D.C. 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 client in which it 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 U.S. 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.
- Co-author, “Developments in 'Green' Litigation at the Dawn of the Era of Sustainability" The Bureau Of National Affairs, 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)
- “Contract Drafting Tips for Green Projects,” Construction Executive (February 2010)
- “Contract Issues and Drafting Tips for Green Projects,“ Seyfarth Shaw LLP Construction Law Report (Summer 2009)
- "Mitigating Construction Management Risks on Green Projects,” CMAdvisor (March/April 2009)
- Co-author, “The Legal Risks In ‘Building Green:’ New Wine In Old Bottles?” U.S Green Building Council (November 2008)
- “Avoiding the Gray Area When Going Green,” The Construction Specifier (November 2007)
- "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)
- Recommended for Constuction Law in The Legal 500 2016 edition