David A. Ericksen

David Ericksen collaborates with professionals in design, construction, environment, real estate, and insurance to secure long-term strategic success. He represents design, construction, real estate, and environmental professionals in jury trials, bench trials, single arbitrator arbitration, panel arbitration, mediation, and other forms of alternative dispute resolution in state and federal courts.

With extensive experience in managing distressed projects, contracts, and strained communications, clients trust David to advise them to mitigate risk management in contractual and litigation issues affecting the design, construction, environmental, real estate, and insurance professional communities. David also serves as outside general counsel to many firms and provides short-term interventions and long-term solutions.

Prior to joining Hinshaw, David practiced law at a California-based firm. Following law school, David served as a law clerk to the Honorable James M. Dolliver of the Washington State Supreme Court.

• American Council of Engineering Companies
  • Risk Management Committee
• a/e ProNet

• Recognized on the Super Lawyers list by Northern California Super Lawyers magazine, 2006 – 2023

Litigation Experience

• Consecutive victories resulting in multi-million dollar fee recoveries in arbitration cases related to highway projects.
• Successful defense in an 11-1 jury verdict on a $56M claim against a structural engineer for the design of a residential subdivision.
• Successful defense in a 12-0 and 11-1 jury verdicts of $3M claim for residential renovation design in San Francisco, California.
• Successful defense on a directed verdict of a structural engineer on a claim for seismic investigation deficiencies.
• Successful defense in a 12-0 jury verdict of claims against a civil engineer for roadway compaction failures.
• Successful defense of a civil engineer in a 12-0 jury verdict in a five-month trial of a claim for slope stability and landslide issues.
• Successful defense verdict for an architect on a condominium homeowner’s association claim.
• Successful defense of a structural engineer on claims for the design of a ninety-unit condominium project.
• Successful defense of an architect on a K-12 construction project to bench judgment for defense.
• Successful defense of a structural engineer on a residential defect claim.
• Successful motion for summary judgment in defense of an engineer on claims for defects in the design of the San Francisco cable car system.
• Obtained successive defense summary judgments of owners’ $25M claim for foundation defects.
• Successful demurrer and SLAPP suit motion to defeat developer’s claim against the environmental consultant for preparation of unfavorable environmental impact report. Upheld on appeal.
• Successful defense in the arbitration for claims against a water engineer for a California water treatment project. Preserved through multiple state and federal challenges.
• Successful defense of an architect on a hospital design claim and recovery of over $3M in unpaid fees to an architect.
• Successful defense of attorneys involved in real estate and construction project transactions.
• Successful arbitration of claims against an architect on a hospital project.
• Successful arbitration of a claim for alleged errors and omissions in the design of a commercial office building to a defense result.
• Successful arbitration of a dangerous condition claim.
• Defense of structural engineer on a claim for design errors in a Guam high-rise hotel.
• Defense of a design-builder on claims arising from the design-build construction of a soy sauce factory.
• Negotiated dismissal of a $3M claim for the design of laboratory facilities.
• Successfully represented property owner in the prosecution of a claim for petroleum contamination.
• Defeated claim for soil and groundwater contamination in a light industrial area.

Transactional Experience

• Successful preparation of partnership and corporate documents for entities ranging from sole practices to multidisciplinary national practices.
• Handled the review and negotiation of all manners of agreements, including standard form service agreements, joint venture agreements, prime association agreements, design/build agreements, and independent contractor agreements. Projects range from large public projects to small residential projects and master or program agreements.
• Ongoing consulting, intervention, and risk management in project concerns and disputes.
• Training seminars and advice regarding professional practices and risk management.
• Provide general advice regarding all matters related to the practice of design professionals, construction managers, environmental, insurance, and real estate professionals.
• Served as general and defense counsel to design teams for major public and infrastructure projects – San Francisco Bay Bridge, Interstate 405 Expansion, and the DeYoung Museum.

David regularly presents at conferences, including the American Institute of Architects (AIA), American Council of Engineering Companies (ACEC), a/e ProNet, and PLAN for attorneys and design professionals.

A selection of recent presentations includes:

• "Strategies for Professional Services in the “New” Normal,” PUA Advisory Council, Chicago, Illinois, June 2022
• "Leaning Tower Claims Expose," Structures Conference, Atlanta, Georgia, April 2022
• "Design Build as a Second Language," Dallas, Texas and Phoenix, Arizona, May 2018

David has authored a number of industry-related papers and articles on design and construction.

• City of Napa
  • Board of Fire and Building Code Appeals, 2020 – Present