David F. McPherson

SENIOR PARTNER | IRVINE, CA
(949) 852-6700

David McPherson is the managing partner of the Firm’s Irvine office. For over 30 years, David has 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 the western United States.

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

In 2018, David served as lead counsel on two major public works trial efforts. The first trial was a case of first impression under Public Contract Code Section 5110. In that case a verdict was rendered awarding the client 100% of the claimed damages. In June 2018, a Los Angeles Federal Court Jury awarded David’s client a $45 million judgment (98% of the claim) against the City of Los Angeles and rejected all but 0.05% the City’s $163 million claim. The verdict was the 9th largest in that state of California and in the top 50 for the United States. The Ninth Circuit affirmed this verdict in May 2020.

For the past ten years, David has been an arbitrator with the American Arbitration Association on its Construction Panel and was elected to join AAA’s Mega Projects Construction Panel in 2020. Mr. McPherson has served as lead arbitrator (individually and on panels) for over 20 matters and has written awards on relating to disputes with claim values from $1 million to in excess of $12 million.

Honors & Awards

  • Chambers USA – list of Top Construction Lawyers in California – 2021-2024
  • Best Lawyers in America – 2023-2024
  • Top 100 Verdicts in the United States, 2018
  • Top 10 Verdicts in California, 2018

Top 100 Verdicts in the United States in 2018

Memberships & Affiliations

  • Arbitrator – American Arbitration Association – Mega Projects Construction Panel and Construction Panel
  • Associated General Contractors
  • American Bar Association
  • Orange County Bar Association

Notable Decisions

  • Amwest Surety Insurance Company v. Patriot Homes, Inc., 135 Cal. App. 4th 82 (2005)

Speaking Engagements & Publications

  • Author: “International Construction: An Overview,” Contributor-North American Chapter, March 2024.
  • Panelist: “Keeping Up With the Jones: Are You Meeting Your Ethical Obligations to Stay Abreast of New and Improving Technologies,” 2024 American Arbitration Association Construction Conference, Coral Gables, Florida March 2024.
  • Panelist: “Complex or Bet the Company Case? Win the War Through Strategic Decisions on Forum Selection, Innovative ADR, ESI Management, Budgeting and More,” Construction SuperConference, Las Vegas, Nevada, December 2017.
  • Panelist: “Global Construction Disputes,” American Arbitration Association 2017 Construction Conference, New York, New York, June 2017.
  • Author: “California Public Contract Code 9204 Establishes a Mandatory Claims and ADR Process for Contractors and Raises Potential Concerns,” Watt Tieder Newsletter, Spring 2017.
  • Panelist: “Developing Trends in Construction Claims and Disputes,” CMAA National Conference & Trade Show, San Diego, California, October 2016.
  • Speaker: “ADR Clauses,” American Arbitration Association 2015 Construction Conference, Santa Monica, California, March 2015.
  • 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.

Areas of Practice

  • Construction
  • Government Contracts

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