David F. McPherson

David McPherson has for over 19 years focused his practice exclusively on complex construction disputes and litigation. He has a broad range of experience in representing clients on virtually every type of major construction project and provides legal representation to some of the world’s largest contractors and engineering firms as well as prominent general contractors, developers owners, and subcontractors in California. Dave’s practice covers all areas of construction and commercial litigation, including pre-litigation: drafting and negotiating contract documents, Bid protests, counseling clients during construction and close-out; and preparing, analyzing and litigating complex construction claims. Dave has successfully tried many cases to judgment in state court and before the American Arbitration Association. He has also successfully prepared and argued multiple appeals before the California Courts of Appeal and the Ninth Circuit Court of Appeal.

Dave has handled lawsuits involving all types of public and private construction projects throughout the Western United States including, universities, five-star resorts, international resorts, water treatment plants, wastewater treatment plants, schools, libraries, military facilities, highways, mass transit systems, High-rise apartments, parking structures, hospitals, high-rise buildings, commercial complexes, and high-end luxury homes.

In 2010, Dave was asked to join the American Arbitration Association as an arbitrator on its Construction Panel.

Dave also holds a Leadership in Energy and Environmental Design® Accredited Professional (LEED AP) designation. The LEED rating system is the nationally recognized benchmark for design, construction and operation of high-performance green construction. As a LEED AP, Dave is part of a select group of attorneys nationwide who possess an understanding of green building strategies to assist clients through the LEED certification process, from contract drafting to startup to final verification, as well as navigating clients through the evolving green building regulatory requirements.

  1. General Information

    Education

    • Southwestern University, J.D., 1994
    • University of Southern California, B.S., 1991

    Bar Admissions

    • California

    Court Admissions

    • All U.S. District Courts for the State of California
    • All California State Courts
  2. Memberships & Affiliations
    • Arbitrator – American Arbitration Association – Construction Panel
    • Associated General Contractors
    • American Bar Association
    • Orange County Bar Association
    • LEED Accredited Professional
  3. Recent Notable Decisions
    • Amwest Surety Insurance Company v. Patriot Homes, Inc., 135 Cal. App. 4th 82 (2005).
  4. Publications and Presentations
    • Key Note Address: “Green Building Liabilities Facing General Contractors, Owners, and Architects” Associated General Contractors Puerto Rico Annual Construction Summit; San Juan, Puerto Rico, September 2011.
    • Speaker: “The Fundamentals of Construction Contracts: Understanding The Issues,” a Lorman seminar San Bernardino, California, July 2011.
    • Speaker: “Government Contracting – Reality & Risks Facing Contractors in Today’s Challenging Environment” American Bar Association Construction Superconference, San Francisco, California, December 2010.
    • Author: “California Sets The Green Building Pace With Nation’s First Statewide Green Building Code – The CALGreen Code,” Watt Tieder Building Solutions Newsletter, Spring 2010.
    • Author: “Why The New Economy And Regulations Mean Contractors Must Be Ready And Able To Deliver Under LEED. Is “Green” The New 5-Star Standard?,” Watt Tieder Building Solutions Newsletter, Fall 2009.
    • Speaker: “Green Building Law 101,” a Watt Tieder seminar, Seattle, Washington, August 2009.
    • Speaker: “Public Contracts and Procurement Regulations in California,” a Lorman seminar, Palm Springs, California, July 2009.
    • Speaker: “Everything a Construction Player Should Know About Insurance in California,” a Lorman seminar Santa Ana, California, January 2009.
    • Speaker: “Public Contracts and Procurement Regulations,” a Lorman seminar Santa Monica, California, July 2008.
    • Speaker: “Everything a Construction Player Should Know About Insurance in California,” a Lorman seminar San Diego, California, July 2008.
    • Panelist: “Making the Most Out of Project Specific Insurance,” Associated Owners & Developers National Conference West, May 2008.
    • Speaker: “The Fundamentals of Construction Contracts: Understanding The Issues,” a Lorman seminar San Bernardino, California, April 2008.
    • Speaker: “Everything a Construction Player Should Know About Insurance in California,” a Lorman seminar Pasadena, California, March 2008.
    • Speaker: “Public Contracts and Procurement Regulations,” a Lorman seminar Palm Springs, California, March 2008.
    • Speaker: “Everything a Construction Player Should Know About Insurance in California,” a Lorman seminar Costa Mesa, California, December 2007.
    • Speaker: “Administering Construction Claims in Nevada,” a Watt Tieder seminar, Las Vegas, Nevada, October 2007.
    • Speaker: “The Fundamentals of Construction Contracts: Understanding the Issues in California,” a Lorman seminar, San Bernardino and Pasadena, California, September 2007.
    • Speaker: “AIA Contracts: Ten Terms That Can Affect Your Profit Margin,” a Watt Tieder seminar, Construction Financial Managers Association, Orange, California, August 2007.
    • Speaker: “How Design Documents Can Prevent or Cause Construction Claims,” a Lorman seminar, Oxnard, California, March 2007.
    • Speaker: “Design-Build Contract Negotiation Work Shop,” a Watt Tieder seminar, Pasadena, California, March 2007.
    • Speaker: “Public Contracts and Procurement Regulations in California,” a Lorman seminar, Palm Springs, California, February 2007.
    • Speaker: “If It Isn’t Written, It Didn’t Happen: Project Documentation and Record Keeping, a Watt Tieder seminar, multiple locations in California, 2007
    • Speaker: “California Construction Claims Under California Law,” a Watt Tieder seminar, multiple locations in California, 2006.
    • Speaker: “California Construction Law: From Contract To Closeout,” a Lorman seminar, Pasadena, California, September 2006.
    • Speaker: “AIA Contracts: Understanding the Issues,” a Lorman seminar, Santa Barbara, California, August 2006.
    • Speaker: “AIA Contracts: Understanding the Issues,” a Lorman seminar, Fresno, California, July 2006.
    • Speaker: “If It Isn’t Written, It Didn’t Happen: Project Documentation and Record Keeping, a Watt Tieder seminar, multiple locations in California, 2006
    • Speaker: “Avoiding Construction Disputes Through Contract and Project Management,” Southern California Construction Institute Regional Conference, Costa Mesa, California, May 2006.
    • Author: “Avoiding Disputes Through Contract & Project Management,” CFMA Building Profits , Construction Financial Management Association, March/April 2006.
    • Speaker: “How Design Documents Can Prevent or Cause Construction Claims,” a Lorman seminar, Los Angeles, California, April 2006.
    • Speaker: “California Construction Law: From Contract To Closeout,” a Lorman seminar, San Bernardino, California, April 2006.
    • Speaker: “California Construction Claims Under California Law,” a Watt Tieder seminar, multiple locations in California, 2005.
    • Speaker: “AIA Contracts: Understanding the Issues,” a Lorman seminar, Bakersfield, California, June 2005.
    • Speaker: “California Construction Law: Understanding the Issues, a Lorman seminar, San Bernardino, California, April 2005.
    • Speaker: “AIA Contracts: Understanding the Issues,” a Lorman seminar, Long Beach, California, February 2005.
    • Author: “The Surety’s Rights under Federal Contracts, 1998 Revision Note,” Construction Briefings ; “The Owners Authority to Make Final Contract Determinations.”