Daniel Garcia

Daniel A. Garcia

Senior Counsel

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Litigation and Dispute Resolution
Litigation and Dispute Resolution
San Francisco

Daniel represents owners, contractors, and design professionals in a wide variety of construction disputes, including delay, disruption, change order, nonpayment, and defect claims. He is also extensively engaged in drafting, analyzing, and negotiating several types of construction contracts, including Integrated Project Delivery (IPD) agreements.

Before becoming a lawyer, Daniel was an onsite construction manager for major public facility projects throughout the San Francisco Bay Area. For over 10 years, he worked closely with owners, contractors, design professionals, and governmental authorities to assure high-quality, timely, cost-effective project delivery. Daniel negotiated hundreds of change orders and resolved several significant delay claims.

Representative Work

Defended East Bay Municipal Utility District in lawsuit brought by one of California's largest manufacturers of water transmission pipe.

Represented hospital district against general contractor's $14 million delay, disruption, and disputed change order claim.

Prepared winning motion for summary adjudication of condominium owner's strict liability, negligence, products liability, and breach of implied warranty causes of action against HVAC contractor.

Represented structural engineer in massive litigation arising from change order and delay claims brought by developer of major ski resort.

Successfully defended general contractor against owner's construction defect claims at Contractors State License Board arbitration hearing.

Prepared construction contracts involving various industries, delivery methods, and project types, including higher education, healthcare, water and wastewater treatment, manufacturing, and entertainment facilities, and over a dozen Integrated Project Delivery agreements.

Publications

"Victory for Veterans! SCOTUS Rules Unanimously in Favor of Veteran-Owned Small Businesses in Kingdomware Technologies, Inc. v. United States," co-author, Government Construction, Published by Division 13 of the ABA Forum on Construction Law (June 2016)

"Prevailing Wage Not Required for Permanent Offsite Fabricators," co-author, Construction Law Alert (September 2014)

"Demise of the 'de minimis' exception to prevailing wage requirements?" Infrastructure Law Blog (May 2013)

"Greater Restrictions on Indemnification Provisions in Construction Contracts," Construction Law Alert (January 2013)

"New California Green Building Standards Go Into Effect August 1, 2009," co-author, Severson & Werson A/E Alert (July 2009)

See All Publications

Presentations

“Taking Control: Strategies for Avoiding Claims on Your Construction Projects,” County Counsels’ Association of California Civil Law and Litigation Conference (April 2015)

“Bracing for Construction Claims: Seven Things You’ll Wish You Had Done When the Claims Come,” co-presenter, American Public Works Association, Northern California Chapter (November 2014)

"Avoiding and Defending Claims in New Residential Construction: Tips and Tricks for Surviving the (Still) Brave New World of SB 800," co-presenter, Severson & Werson First Friday Program (March 2012)

See All Presentations

Honors

Leadership Council on Legal Diversity Pathfinder (2016)

Wiley W. Manuel Certificate for Pro Bono Legal Services – Representation of Victims of Domestic Violence (2014, 2015, 2016)

Community Involvement

Rebuilding Together San Francisco, Volunteer Captain (2015, 2017) 

SF-Marin Food Bank, Volunteer

Alexander Community Law Center, Former Consumer Rights Workshop Presenter

Professional Affiliations

Bar Association of San Francisco, Barristers Club, Construction Law Section

CA Board for Professional Engineers and Land Surveyors, Certified Engineer-In-Training

American Public Works Association, Northern California Chapter

American Bar Association, Forum on Construction Law

County Counsels' Association of California

Lean Construction Institute

Academic Distinction

High Honors, Construction Law Course, University of California, Berkeley Boalt Hall School of Law (Fall 2009)

CALI Awards: Alternative Dispute Resolution and Civil Clinical Skills

Appellate Advocacy Awards: Best Brief and Best Oral Argument

Santa Clara Law Review, Vol. 49, Associate

Public Interest and Social Justice Law Certificate

Pro Bono Gold Recognition Award

Frank Jarrett Machine Design Prize

Education

J.D., Santa Clara University School of Law (2010)

B.S., Mechanical Engineering, University of California, Berkeley (2004)

Admissions And Courts

California

U.S. District Court for the Northern District of California

San Francisco

415-995-5809 Direct Phone
415-995-3418 Fax

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