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David M. Hayes

Of Counsel
fax +1 313.309.6920

David M. Hayes represents owners, contractors, sureties, and design professionals in resolving construction contract disputes through litigation or arbitration.

David has been appointed by several parties to arbitrate or mediate disputes. He successfully tries 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.

Education

J.D., Wayne State University Law School, Detroit, Michigan, 1967
B.A., Western Michigan University, Kalamazoo, Michigan, 1964

Recognitions

Named Detroit, Michigan’s 2021 Litigation – Construction “Lawyer of the Year” by Best Lawyers in America

Best Lawyers in America (2019 Edition) for Construction Law; Litigation-Construction

Best Lawyers in America

Michigan Super Lawyers

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

State Bar Licenses

Michigan

Representative construction litigation matters:

  • 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 case evaluation 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)
  • 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 case evaluation 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)
  • Epcot Center – Disney World
    Client: General Contractor
    Location: Orlando, FL
    (Subcontractor extra compensation claim)
  • 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)
  • 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)
  • 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)
  • 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)
  • 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:

  • 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).