Hayes  david

David M. Hayes

Of Counsel
Office

Detroit

500 Woodward Ave
Suite 3500
Detroit, MI 48226
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Fax: 313.309.6920
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Education
J.D., Wayne State University Law School, Detroit, Michigan, 1967
B.A., Western Michigan University, Kalamazoo, Michigan, 1964
State Bar Licenses
Michigan
Hayes
Dbusines
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David M. Hayes

Of Counsel

David M. Hayes serves as "Of Counsel" in Clark Hill's Construction Practice Group. He has experience as a lead trial attorney in a wide variety of sophisticated and complex corporate and commercial litigation matters in various State and Federal courts involving securities fraud, industrial property tax assessments, corporate takeovers, telecommunications, machining systems, manufacturing contracts, lender liability, class actions, etc.

In the construction law area, David provides a full range of services to owners, construction managers, contractors, architects, engineers, subcontractors and suppliers, including contract drafting and negotiation, contract administration, insurance and bond matters, liens, defect claims, delay and cost overrun claims, and dispute resolution in all forums. He has successfully tried complex construction cases before juries, trial judges, and arbitration panels. His experience in major construction cases involves such diverse projects as transportation systems, manufacturing and processing plants, underground structures, schools and educational facilities, sport stadiums, shopping centers, hospitals, apartment and hotel structures, commercial and industrial buildings, prisons and parking structures. David has been appointed by several parties to mediate or arbitrate construction contract disputes, and is a member of the Large Complex Case Panel of Arbitrators, American Arbitration Association.

David is a Fellow of the American College of Trial Lawyers.  He is a member of the American Bar Association Forum on the Construction Industry, International Association of Defense Counsel and the State Bar of Michigan.  David has also been named in The Best Lawyers in America, as well as Michigan Super Lawyers.

At Wayne State University, he was an Editor of the Wayne Law Review. He has co-written the Michigan chapters for the 50 State Public Construction Contracting books published by John Wiley & Sons and Fifty State Construction Lien and Bond Law published by Aspen Law & Business. He has also written numerous articles concerning construction law and civil procedure and has lectured on construction law before the Construction Products Council, The Associated General Contractors, The Cambridge Institute, National Business Institute, Lorman Business Institute and the Construction Litigation Superconferences held in New York and California.

David’s representative construction litigation matters include:

Capitol Commons Center
Client: General Contractor
Location: Lansing, MI
(Construction and design defect claims involving failure of exterior wall system of high rise building, resulting in jury verdict and mediation sanctions in favor of client in excess of $3 million)
The Christman Company v Laticrete International, Inc., et al, 1998 Mich App Lexis 1350 (1999) 

Chrysler Technology Center
Client: Owner
Location: Auburn Hills, MI (Claim regarding defective phenolic foam roofing insulation and resulting damages)

City of Dearborn Combined Sewer Overflow Project
Client: Design Engineer
Location: Dearborn, MI
(Claims regarding inadequate geotechnical investigation and defective design of combined sewer overflow tunnel project)

Cobo Conference & Exhibition Center
Client: Architect
Location: Detroit, MI
(Defective design claim relating to Cobo Hall expansion project)

Delta Dental Headquarters Building
Client: Owner
Location: Okemos, MI
(Construction and design defect claims involving failure of exterior masonry wall system of office building, resulting in jury verdict and mediation sanctions in favor of client in excess of $8 million)

Detroit People Mover
Client: Design Professional
Location: Detroit, MI
(Design defect claim regarding support beams)

Detroit Regional Correctional Facility
Client: General Contractor
Location: Detroit, MI
(Subcontractor extra compensation claim)

Epcot Center - Disney World
Client: General Contractor
Location: Orlando, FL
(Subcontractor extra compensation claim)

Fabri-Kal Plastics Manufacturing Facility
Client: Owner
Location: Greenville, SC
(Claim regarding defective phenolic foam roofing insulation and resulting damages)

First and Blanchard Building
Client: Glass Supplier
Location: Seattle, WA 
(Delay and defective fabrication claims involving architectural glass for high rise building)

First Federal Building
Client: Owner
Location: Detroit, MI
(Construction defect claim involving exterior wall system of high rise building)

Ford Financial Building
Client: Glass Supplier
Location: Dearborn, MI
(Defective fabrication claim involving architectural glass for office building)

General Motors Assembly Plant 
Client: Paint System Subcontractor 
Location: St. Therese, Quebec, Canada 
(Delay and extra compensation claims)

Grayhaven Apartments/Marina
Client: General Contractor
Location: Detroit, MI
(Construction defect, termination for default, delay and performance bond claims)

Grosse Pointe/Clinton Municipal Incinerator
Client: Pollution Control Equipment Supplier
Location: Macomb County, MI
(Claim regarding failure of air pollution control devices for municipal incinerators)

Hilton Hotels
Client: General Contractor
Location: Pontiac, MI
(Subcontractor lien claims)

Hoover Universal Manufacturing Plant
Client: Owner
Location: Bridgeman, MI
(Contractor extra compensation claim)

Jackson Square Parking Garage 
Client: Owner
Location: Jackson, MI
(Construction defect claim regarding underground municipal parking structure)

Kent County Correctional Facility
Client: General Contractor
Location: Grand Rapids, MI
(Construction defect and delay claims)

Madden Building (150 East Jefferson)
Client: General Contractor
Location: Detroit, MI
(Construction defect claim involving weatherproofing system for high rise building)

Northern Michigan University Sports Dome
Client: General Contractor
Location: Marquette, MI
(Construction defect claim regarding domed roof of sports complex)

Numerous Retail and Warehouse buildings located nationwide
Client: Several Owners
(Prosecution of claims involving defective phenolic foam roofing insulation and resulting damages)

Pontiac Silverdome
Client: Owner
Location: Pontiac, MI
(Construction and design defect claims involving former Detroit Lions stadium)

Rouge River Bridge - Interstate I-75
Client: General Contractor
Location: Detroit, MI
(Contractor extra compensation claim)

Shore Club Apartments
Client: General Contractor
Location: St. Clair Shores, MI
(Construction defect claim involving exterior masonry wall system of high rise apartment building)

Somerset Mall
Client: General Contractor
Location: Troy, MI
(Delay and performance bond claims involving retail mall project)

University of North Carolina
Client: Subcontractor
Location: Chapel Hill, North Carolina
(Delay and equipment failure claims involving University power plant)

Veterans Administration Replacement Hospital
Client: General Contractor
Location: Detroit, MI
(Subcontractor extra compensation and Miller Act claims)

Wayne State University/Old Main Building
Client: General Contractor
Location: Detroit, MI
(Contractor/Subcontractor Delay Claims and Owner Claim for Breach of M/WBE Contract Requirement)

Other representative commercial litigation matters include:

Trial regarding claim by steel producer for refund of property taxes and reduction of assessed value of personal and real property resulting in $38,500,000 judgment in favor of client. Rouge Steel Company v City of Detroit, Mich Tax Tribunal Docket No. 220269 (1994); 1994 Mich Tax Lexis 63.

Trial regarding claim for specific performance of alleged agreement to purchase industrial property. Aminoff & Company vVarity Corporation, 1989 U.S. Dist. Lexis 17908.

Litigation involving enforcement of “due on sale” clause in mortgage contracts. Darr, et al v First Federal Savings and Loan Association of Detroit, 426 Mich 11 (1986).

Awards/Achievements
Best Lawyers in America (2019 Edition) for Construction Law; Litigation-Construction
Memberships
American Arbitration Association, Member, Large Complex Case Panel of Arbitrators
American Bar Association, Forum on the Construction Industry
American College of Trial Lawyers, Fellow
International Association of Defense Counsel
State Bar of Michigan