Highly responsive and hard-working real estate and construction litigation counsel

David Muth is an experienced litigator and trial lawyer who represents clients in state and federal courts in Wisconsin. Representing businesses in the financial services, real estate, construction and other industries in both trial and appellate courts, David focuses on resolving disputes involving:

• Creditors rights
• Real estate and construction

Known by clients for his responsiveness and being available when they need him, David works proactively to keep them apprised of developments in current and risks and opportunities on the horizon. A trusted advisor and gifted trial advocate, when David negotiates on behalf of a client, he brings a readiness to go to court that encourages favorable settlements.

David is a past chair of the firm's Real Estate and Construction Litigation Group.

Bar Admissions

• Wisconsin

Education

• Marquette University (B.A., cum laude, 1993)

• University of Wisconsin Law School (J.D., cum laude, 1996)
  • Order of the Coif
  • Phi Alpha Delta (Justice)
  • Wisconsin Environmental Law Journal, articles editor

• "2014 Construction Law Update (Midwest Section)"
• "2015 Construction Law Update (Midwest Section)"
• "2015 Year in Review – Recent Midwest Legal Decisions Impacting Real Estate and Construction Law"
• "2016 Construction Law Update (Midwest Section)"
• "2016 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and Construction Law"
• "2018 AGC/ABA Forum on Construction Law State Law Matrix Project – WI"
• "Business Law Training: Force Majeure: What COVID-19 Has Taught Us About These Clauses"
• "Emerging Issues Involving Green Building"
• "Everything You Don’t Know About the CFPB - But Wish You Did"
• "Green Buildings and the Revolutionary LEED 2009 Changes"
• "Midwest Real Estate and Construction - Year in Review"
• "Mind What You Say, Puffery Has Its Limits"
• 2017 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and Construction Law
• 2018 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and Construction Law
• Be Careful What you Say: Limits on Statements of Puffery and Determination of Puffery as a Matter of Law
• Forbearance Agreements - The Good, Bad and Ugly
• New Consumer Financial Protection Bureau Bulletins on Collection Practices
• Recent Developments in Arbitration
• Subcontractor Tort Claims Barred Under the Economic Loss Doctrine
• Supply Chain Considerations In Light of the COVID-19 Emergency
• The Economic Loss Doctrine Strikes Again: Supreme Court of Wisconsin Holds Property Owners Have No Tort Claims Against Concrete Supplier
• Wisconsin Court of Appeals Decision Upholds Admissibility of Financial Institution's Business Records; Confirms Note and Mortgage Are Not Hearsay
• Wisconsin Supreme Court Limits the Ability of Government Contractors to Qualify for Governmental Immunity
• Wisconsin Supreme Court Requires Abatement if a Municipal Entity Had Notice that a Private Nuisance Was Maintained Negligently by the Municipal Entity
• “Traps for the Unwary: Land Acquisition, Construction and Renovation Projects"
• “Wisconsin Harassment Injunctions in School Settings”

Seminar

• 2014 Year in Review: Recent Midwest Legal Decisions Impacting Construction Law
• 2015 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and Construction Law
• 2016 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and Construction Law
• 2017 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and Construction Law
• 2018 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and Construction Law
• Business Law Training: Force Majeure: What COVID-19 Has Taught Us About These Clauses
• Business Law Training: Supply Chain Issues in These Troubled Times
• Consequential Damage Waivers: Pitfalls for the Unwary and Current Legal Trends