David

David S. Bland

Office Managing Partner

David S. Bland’s core practice is construction, marine and energy related advice and litigation, complex commercial litigation and insurance litigation. This practice primarily includes representation of domestic and international onshore and offshore commercial construction companies, energy and marine operators and contractors, shipyards, marine and rig fabrication facilities, government contractors, power plant, bridge, and pipeline construction companies, subcontractors, material suppliers, vendors and engineering firms.

A primary area of Mr. Bland’s expertise is the negotiation and drafting of all types of construction and commercial contracts, including vessel, rig, power plant, bridge, pipeline and equipment new construction and repair contracts, EPC contracts, engineering contracts, power plant operations, service and maintenance agreements, major vendor supply contracts, master service agreements, drilling contracts, charter party contracts, sales agreements, joint ventures and project teaming/alliance agreements. He is also routinely involved in all aspects of the construction process including negotiation of commercial terms in the bid phase, change order administration, delivery and close out issues and warranty disputes.

He has over 38 years of experience in the prosecution and defense of complex construction, commercial and insurance cases in federal and state courts and appellate courts of Louisiana, Texas, Mississippi, New York and the United States Court of Federal Claims. This litigation practice includes substantial experience in domestic and international arbitration, including arbitrations conducted under the auspices of the American Arbitration Association, International Centre for Dispute Resolution, London Court of International Arbitration, and United Nations Commission on International Trade Law.

Mr. Bland is a Panelist on the American Arbitration Association National Roster of Arbitrators. He has also been appointed as an arbitrator in energy and marine construction disputes.

Mr. Bland’s litigation and arbitration experience has included the preparation and prosecution of disputes related to delay, disruption and acceleration, warranty, design changes, construction defects, growth in scope of work, labor productivity/inefficiencies, force majeure, schedule and liquidated damages, change orders, bid protests, terminations for default and convenience, surety bond issues and related builder’s risk, business interruption, errors and omissions/professional negligence and insurance claims and coverage disputes.

His experience includes advice, requests for equitable adjustment and litigation arising out of state and federal government contracts, including US Corps of Engineers, Navy Sea Systems Command and state departments of transportation and development.

Mr. Bland’s routine practice includes casualty investigations and litigation, including personal injury, wrongful death and property damage, Jones Act, Longshore and Harbor Worker’s Compensation Act, protection and indemnity, hull, cargo, collision and property claims. In this regard, Mr. Bland’s practice includes coverage analysis and litigation regarding all types of marine and energy insurance, including P&I, Hull and Machinery, MGL, CGL and property, as well as D&O and E&O claims.

 

Admissions

  • Louisiana
  • Louisiana Supreme Court
  • Texas
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Claims
  • U.S. District Court, Eastern, Western and Middle Districts of Louisiana
  • U.S. District Court, Southern, Northern and Eastern Districts of Texas

 

Education

  • J.D., Louisiana State University Law School in 1982, Member, Moot Court Board
  • B.A., cum laude, English, Tulane University, 1979
  • University of the South at Sewanee

 

Memberships

  • Member of the American Bar Association
  • Member of Louisiana State Bar Association
  • Member of Texas State Bar Association
  • Member of Federal Bar Association
  • Maritime Law Association of the United States
  • Louisiana Association of Defense Counsel
  • Partner Member of the Shipbuilders Council of America
  • Panelist – American Arbitration Association National Roster of Arbitrators

 

Honors & Awards

  • AV Preeminent® Peer Review Rating in Martindale‐Hubbell rated (5.0 out of 5)
  • Louisiana Super Lawyers 2013‐2016
  • New Orleans CityBusiness Leader in Law 2013‐2014
  • 2009 Camille Gravel Public Service Award by the New Orleans Chapter of the Federal Bar Association for pro‐bono representation of a defendant in state post‐conviction proceedings.

 

Presentations

David routinely gives presentations to clients and others involved in the construction, energy and maritime industries. Some of the presentation topics have included:

  • Overview of legal issues affecting construction industry
  • Managing risks through contractual mechanisms and effective contract management
  • Estimating, bidding, negotiating and performing construction contracts
  • Key terms of construction contracts
  • Overview of domestic and international arbitration agreements, procedures and prosecution
  • Overview of indemnity and insurance issues affecting construction and energy industries in Louisiana and Texas
  • Contract risk management in the post‐Macondo world
  • Changes and change order administration
  • Insurance requirements and indemnity obligations in construction contracts
  • Overview of maritime personal injury and casualty law
  • Overview of U.S. coastwise trade laws
  • Internal review and presentation of specific client contracts to project managers, administrators and in‐house counsel for contract administration and risk

 

Arbitration Dispute Resolution Training

  • April 20-21, 2017 – Arbitration Fundamentals and Best Practices for New AAA Arbitrators, Dallas, Texas
  • January 14, 2012 – Certification in Advanced Arbitration Skills in Commercial Arbitration (Domestic and International) at the A.A. White Dispute Resolution Center at the University of Houston Law Center