Practice Expertise

  • Construction
  • Government
  • Water Law
  • Cannabis Law

Areas of Practice

  • Cannabis Law
  • Construction
  • Government
  • Water Law

WSG Practice Industries

WSG Leadership

  • WSG Coronavirus Task Force Group - Member

Profile

David assists public agency clients with legal issues related to public works construction projects. His clients include water districts, wastewater agencies, community college districts, health care districts, cities, counties, and transit agencies. He has worked on numerous large-scale infrastructure projects, from the drafting of the contract specifications, through the bid process, to contract completion and claims resolution. He has considerable experience with contract award disputes, subcontractor substitution issues, bidder pre- qualification, and has successfully resolved several stop payment notice lawsuits for public agency clients.

Design-build and Alternative Project Delivery Methods

Design-build contracting is increasingly being recognized as a more effective project delivery method for public agencies. David has written papers and presented at conferences on this topic for a number of years, and has considerable recent experience on a number of large infrastructure projects. David is also familiar with the wider range of alternative project delivery methods, and has assisted clients with CM at Risk contracts, lease-leaseback contracts, and public-private partnership arrangements. He works closely with clients to identify which available project delivery methods are best suited for a particular project.

Water District General Counsel

David has served as general counsel to the Purissima Hills Water District for approximately 10 years. In that capacity, he has developed expertise with open meeting laws, Public Records Act compliance, compliance with Proposition 218 requirements during rate increases, and compliance with emergency drought regulations issued by the California State Water Resources Control Board.

Prevailing Wage and Labor Code Compliance

David has considerable expertise with prevailing wage and Labor Code compliance issues. He has assisted agencies and contractors with resolving Civil Wage and Penalty Assessments issued by the California Department of Industrial Relations (DIR), including the revocation of a $6.4M Civil Wage and Penalty Assessment on behalf of a transit agency. David has also has guided public agencies through SB 854 requirements, and serves as legal counsel to an in-house Labor Compliance Program for a large transit district. For private clients, he has advised on prevailing wage compliance strategies and obtained several favorable prevailing wage coverage determinations from the DIR.

Bar Admissions

  • California
  • Washington
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California

Education
J.D., University of California, Hastings College of the Law (1995)
B.A., with distinction in English,
Phi Beta Kappa, University of Washington (1991)

Areas of Practice

  • Cannabis Law
  • Construction
  • Government
  • Water Law

Professional Career

Significant Accomplishments

Gravity Pipeline Project, Silicon Valley Clean Water

Front of Plant Project, Silicon Valley Clean Water

Pump Station Improvements Project, Silicon Valley Clean Water

Outpatient Infusion Clinic, Salinas Valley Memorial Hospital System

Charles D. Meyer Desalination Plant, City of Santa Barbara

Peninsula Corridor Electrification Project, Peninsula Corridor Joint Powers Board (JPB)

Skyline Building 12, San Mateo County Community College District

Cañada Building 23, San Mateo County Community College



Professional Associations
  • California Special Districts Association, Public Contracting Expert Feedback Team
  • Bar Association of San Francisco


Articles

Additional Articles "California Issues New COVID-19 Employer Playbook for a Safe Reopening," co-author, Labor & Employment Law Alert (July 2020)
"New Orders from 6 Bay Area Counties Require Face Coverings to be Worn During Work in Most Circumstances," co-author, Government + Construction Law Alert (April 2020)
"Public Works Projects in the Bay Area May Proceed Under COVID-19 Orders," Government Law Alert (April 2020)
"FPPC Extends Deadline for Form 700 Filings to June 1, 2020," Government Law Alert (March 2020)
"Newsom’s Executive Order on COVID-19 Loosens Teleconference Rules for Public Meetings under the Brown Act and Bagley-Keene Act," Government Law Alert (March 2020)
"The Benefits of Design-Build," In the Loop with the Hanson Bridgett Government Group Video Alert (September 2017)
"AB 626 Creates New Procedural Requirements for Public Works Claims," co-author, Government Law Alert (December 2016)
"Chapter 7: Public Contracting," reviewer, Municipal Law Handbook (2016)
"A Step Forward for Public Works Contracting – Design-Build in the Public Sector After the Adoption of SB 785," Hanson Bridgett White Paper (May 2015)
"New Public Works Requirements for Contractors and Public Agencies Pursuant to SB 854," co-author, Public Agency Law Alert (December 2014)
"​New Case Confirms Competitive Bidding Exception for Lease-Leaseback Projects Award By School Districts," co-author, Construction Law Alert (September 2014)
"Bracing for Construction Claims: Seven Things You'll Wish You Had Done When the Claims Come," Construction Law Alert (May 2013)
"Design-Build is Gaining Traction in the Public Sector," co-author, Construction Law Alert (March 2011)
Integrated Project Delivery (IPD) Video Series (July 2010)
"Alternative Project Delivery Methods for Public Works Projects in California," Construction Law Alert (March 2009)
"Public Contract Disclosures," San Francisco Daily Journal (December 2006)
"Changes to Prevailing Wage Laws Expose Public Agencies to Potential Liability," Public Agency Advisory (February 2004)

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