People: David A. Blake, LEED AP, Partner

David A. Blake, LEED AP

Partner

Washington, D.C.
Direct: (202) 828-3523
Fax: (202) 828-5393
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Mr. Blake, a partner in the Washington, D.C. office of Seyfarth Shaw LLP, has been practicing construction law since 1994.  Mr. Blake holds an undergraduate degree in architecture, and he has been a 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, and the broad use of LEED ® standards across the country by federal and local agencies, as well as the private sector.     

Mr. Blake represents owners, general contractors, subcontractors, and design professionals in all phases of the construction process.  His experience during the pre-construction phase includes drafting and negotiating GMP and lump sum contracts for a wide array of project delivery systems, such as design-bid-build and design-build, and counseling his clients on insurance, bonding, and licensing issues.  During the course of a project, Mr. Blake assists his clients in resolving construction and design issues in an efficient and cost effective manner with the goal of preserving their rights and maximizing their financial return.  When controversies persist after a project, Mr. Blake prosecutes and defends requests for equitable adjustment and extensions of time, and claims for issues such as delay, labor inefficiency, and extra work.  Mr. Blake is a strong advocate of alternative dispute resolution, and he has successfully conducted numerous mediations.  Mr. Blake is also an experienced litigator.  He has represented his clients before state and federal courts, the American Arbitration Association, and Boards of Contract Appeals. 

Mr. Blake has represented his clients on a wide array of private and public construction projects, including  power plants, Major League Baseball stadiums, university dormitories, waste water treatment plants, manufacturing plants, commercial office buildings, and condominiums.

Mr. Blake, a partner in the Washington, D.C. office of Seyfarth Shaw LLP, has been practicing construction law since 1994.  Mr. Blake holds an undergraduate degree in architecture, and he has been a 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, and the broad use of LEED ® standards across the country by federal and local agencies, as well as the private sector.     

Mr. Blake represents owners, general contractors, subcontractors, and design professionals in all phases of the construction process.  His experience during the pre-construction phase includes drafting and negotiating GMP and lump sum contracts for a wide array of project delivery systems, such as design-bid-build and design-build, and counseling his clients on insurance, bonding, and licensing issues.  During the course of a project, Mr. Blake assists his clients in resolving construction and design issues in an efficient and cost effective manner with the goal of preserving their rights and maximizing their financial return.  When controversies persist after a project, Mr. Blake prosecutes and defends requests for equitable adjustment and extensions of time, and claims for issues such as delay, labor inefficiency, and extra work.  Mr. Blake is a strong advocate of alternative dispute resolution, and he has successfully conducted numerous mediations.  Mr. Blake is also an experienced litigator.  He has represented his clients before state and federal courts, the American Arbitration Association, and Boards of Contract Appeals. 

Mr. Blake has represented his clients on a wide array of private and public construction projects, including  power plants, Major League Baseball stadiums, university dormitories, waste water treatment plants, manufacturing plants, commercial office buildings, and condominiums.

Education

  • J.D., Catholic University of America, Columbus School of Law (1994)
    cum laude
  • B.A., Catholic University of America (1991)
    cum laude

Admissions

  • District of Columbia

Courts

  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Colorado

Affiliations

  • Design Build Institute of America (Member, Sustainability Committee)
  • U.S. Green Building Council Legal Working Group (Member)
  • American Institute of Architects (Former Director-at-large, Washington, D.C. Chapter)

 

Representative Engagements

Transactional

  • Represented energy company in preparing contracts for upgrading its hydroelectric power plants located across the United States.
  • Represented owner in drafting and negotiating turbine and generator purchase agreements for two, 10 MW hydroelectric power plants located on the Des Plaines and Illinois Rivers.
  • Represented developer in preparing a contract for a 3 MW solar power generation system situated on the roof of an existing commercial office building in New Jersey.
  • 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.
  • Represented owner in drafting and negotiating a construction contract for a multi-phase, campus style, movie production complex valued at approximately $500 million. 
  • Represented University in drafting and negotiating a design-build contract for its new, $20 million dormitory. 
  • Represented engineer in editing and negotiating a design contract for an extensive highway expansion project.

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.
  • Defended design-builder in 6-week, state court trial brought by subcontractor seeking over $20 million in connection with the construction of a professional baseball stadium (decision pending).   
  • 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.