David M. Hayes

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).