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Daniel J. Smith

Daniel J. Smith

Partner
Phone:408.961.4520
Fax:408.279.5845

Dan Smith practices construction litigation and represents developers, subcontractors and construction product manufacturers in defect and delay claims, indemnity disputes, and class action litigation. Dan's extensive experience as a trial lawyer also includes business, commercial and financial litigation.

In more than 25 years of his practice, Dan has represented clients in more than 200 construction litigation disputes and has tried to jury verdict more than 25 cases. He represents construction defendants in class action litigation and recently resolved a class action construction case in which demands at the start of the litigation exceeded $80 million. He is the author of the article, "Construction Defect Class Actions, Where Do the Potential Risks Lie?" which was published in Construction Accounting and Taxation, January-February 2007.

Dan served in the U.S. Army Judge Advocate General's Corps from 1987-1991, where he gained extensive trial experience as both a prosecutor and public defender. He also served as an advisor to the VII Corps Commander during Operation Desert Storm on the laws of war and laws regarding the treatment of refugees and POWs.

Bar Admissions

  • Arizona, 1986
  • California, 1987

Education

  • New York University School of Law, LL.M. (International Law), 1987
  • University of San Francisco School of Law, J.D., 1986
    with honors
  • University of San Francisco, B.A., 1983
    cum laude

Professional Associations

    Associated Builders and Contractors

Recent Verdicts & Case Studies


CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

Publications

  • "Change Orders: Recognizing Cardinal Changes & Knowing Your Rights," Co-author, Martindale.com, April, 2008
  • "Construction Defect Class Actions, Where Do the Potential Risks Lie?", Construction Accounting and Taxation, January- February 2007

Classes and Seminars Taught

  • "Effectively Resolving Construction Disputes," Construct2008, June 5, 2008
  • "Effectively Managing Changes to Contracted Work," Construct2008, June 4, 2008