People: David A. Blake, LEED AP, Partner

Photo of David A. Blake, LEED AP, Partner

David A. Blake, LEED AP

Partner

Washington, D.C.
Direct: (202) 828-3523
Fax: (202) 828-5393
0
Mr. Blake, a partner in the Washington, D.C. office of Seyfarth Shaw LLP, has been practicing construction law since 1994.  He is Chair of the Washington D.C. office’s Litigation Group, which includes the office’s construction practice.  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, developers, general contractors, design-builders, construction managers, subcontractors, and design professionals in all phases of the construction process.  His experience during the pre-construction phase includes drafting and negotiating construction, construction management, engineer-procure-construct (EPC), design-build, design, and equipment purchase agreements.  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. 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 settled numerous disputes through mediation.  Mr. Blake is also an experienced litigator.  He has represented his clients before state and federal courts, the American Arbitration Association, and the Armed Services Board of Contract Appeals.
 
Mr. Blake has represented his clients on a wide array of private and public construction projects, including Major League sports stadiums, commercial office and mixed-use, high rise residential, courthouses, hospitals, schools, airports, marine ports, highways, refineries, hydro, solar and biomass power generation, industrial facilities, and waste water treatment plants.  His matters have involved numerous project delivery methods, including design-bid-build, design-build, construction management (at risk and agency), EPC, and public-private partnerships (P3).
 
Mr. Blake, a partner in the Washington, D.C. office of Seyfarth Shaw LLP, has been practicing construction law since 1994.  He is Chair of the Washington D.C. office’s Litigation Group, which includes the office’s construction practice.  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, developers, general contractors, design-builders, construction managers, subcontractors, and design professionals in all phases of the construction process.  His experience during the pre-construction phase includes drafting and negotiating construction, construction management, engineer-procure-construct (EPC), design-build, design, and equipment purchase agreements.  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. 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 settled numerous disputes through mediation.  Mr. Blake is also an experienced litigator.  He has represented his clients before state and federal courts, the American Arbitration Association, and the Armed Services Board of Contract Appeals.
 
Mr. Blake has represented his clients on a wide array of private and public construction projects, including Major League sports stadiums, commercial office and mixed-use, high rise residential, courthouses, hospitals, schools, airports, marine ports, highways, refineries, hydro, solar and biomass power generation, industrial facilities, and waste water treatment plants.  His matters have involved numerous project delivery methods, including design-bid-build, design-build, construction management (at risk and agency), EPC, and public-private partnerships (P3).
 

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

  • Georgetown University, School of Continuing Studies in Real Estate (Guest Lecturer) 
  • District of Columbia Building Industry Association
  • Design Build Institute of America

Representative Engagements

Transactional
  • 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.
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. 
  • 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.

Accolades

  • Recommended for Constuction Law in The Legal 500 2016 edition