Dan Lever

Full Profile

Dan Lever heads the US offering of the Global Projects & Construction Group, is the Co-Chair of the North American Construction Executive, and is a leading figure in the firm’s Latin American initiative.

Dan combines his extensive experience as a lawyer with his background in finance and banking to provide clients with focused advice on legal and commercial issues. His practice focuses on complex litigation, including high-exposure construction and commercial litigation, product liability, and premises liability, as well as legal consultation on a project basis and business issues. He represents international contractors, subcontractors, banks, manufacturers, material suppliers, business owners, and entrepreneurs in both contentious and non-contentious matters. Dan has significant experience with highly complex litigation and catastrophic damage/injury cases valued at over eight figures.

Dan serves as “outside, in-house counsel” for international contractors and manufacturers, and regularly advises clients on pre-litigation legal issues, including contract negotiations, claims management and corporate issues. His widespread trial experience includes acting as lead first-chair counsel.

Admissions

• Massachusetts
• District of Columbia
• Florida
• US District Courts for the Southern, Middle and Northern Districts of Florida
• US Court of Appeals for the Eleventh Circuit

Education

• J.D., University of Miami School of Law, 2007
• B.S., Boston College, Carroll School of Management, Honors Program, 2002

Memberships

• American Bar Association, Forum on Construction Law
• American Road & Transportation Builders Association
• Florida Transportation Builders' Association
• University of Miami School of Law, Law Alumni Association Board of Directors, Director
• Boston College, Miami Alumni Chapter, Chapter Leader

Experience

Projects & Construction

• Acted as project counsel for an international joint venture consortium on USD 34 billion LNG project, including consultation and guidance with respect to defaulting subcontractor.

• Acted as counsel for an international contractor on USD 1 billion contract to develop hydroelectric generation facility involving claims of delay, cost overruns, defective design, bidding irregularities and misrepresentations.

• Acted as counsel to joint venture consortium on USD 880 million bid dispute involving signature bridge.

• Acted as counsel for international contractor in a dispute resolution proceeding before the Florida Department of Transportation, with a value of over USD 9.5 million.

• Acted as counsel to lead designer of the Florida International University pedestrian bridge following its collapse

• Jury verdict and settlements of USD 4 million, plus attorneys’ fees and costs, for international contractor against project engineers due to damages from delays and interference in the installation of 26 miles of sewer pipe.
• Settlement in arbitration proceeding for international contractor arising from breach of contract claims arising out of the termination of a subcontractor.
• Settlement in construction bid award dispute for an international contractor arising from the unilateral rejection of bids by an expressway authority after the project had already been awarded.
• Provided legal and business advice with respect to a cost plus fee with an option for a guaranteed maximum price contract.
• Drafting and negotiating joint venture agreements on behalf of international construction companies and joint venture consortiums.
• Drafting and negotiating prime contracts, subcontracts, and confidentiality agreements on behalf of international construction companies and joint venture consortiums.

Commercial Litigation & Consultation

• Summary judgment for insurance holding company in a breach of contract case in with the plaintiff sought to enforce a USD 7.5 million agreement to purchase an India-based IT company.
• Advised lead accountant in failed purchase of XFL football team.
• Obtained jury verdict in favor of national builder in a breach of indemnity provision and recovery of attorneys’ fees, resulting in recovery of over USD 1 million.
• Advised an international company on a USD 5 million financing operation and related share restructuring.
• Summary judgment for restaurant franchisee in an alleged breach of partnership agreement case in which the plaintiff sought USD 5 million.
• Jury verdict of USD 1 million, plus attorneys’ fees and costs, for international bank in an indemnification case involving a shooting death.
• Settlement in shareholder dispute on behalf of minority shareholders that involved the misappropriation of profits, breaches of fiduciary duties by executives, and the creation of competing companies to the detriment of shareholders.
• Provided legal and business advice with respect to a confidentiality and non-disclosure agreement.
• Provided legal and business advice with respect to an indemnification clause and its enforcement under different state laws.
• Provided legal and business advice with respect to a commercial lease agreement, including issues related to taxes, base rate calculations, insurance, maintenance obligations, and other business risk considerations.
• Provided legal and business advice with the respect to a corporate guarantee issued in connection with a commercial lease agreement.
• Provided legal advice with respect to the application of arbitration rules that conflicted with contractual agreements.

Product & Premises Liability

• Summary judgment for international bank in a wrongful death case arising from a fall and subsequent infection due to allegedly defective premises.
• Summary judgment for multinational tire manufacturer in a wrongful death case of a seven-year-old girl, including affirmation by appellate court.
• Summary judgment for industrial airbag manufacturer in personal injury case.
• Settlement for multinational tire manufacturer in a multimillion-dollar personal injury claim involving a quadriplegic.

Presentations

• “Mitigating Electronically Stored Information Risks (ESI) in the Digital Construction Era,” ARTBA Virtual Law & Regulatory Conference, webinar, June 2021

• “Management of Complex Commercial, Construction, and Environmental Claims,” private presentation, August 2019

• "The Rapid Expansion of P3 and Infrastructure Opportunities: Challenges, Risks, and Recommendations," IRMI Construction Risk Conference, November 2018
• "High Risk Litigation," private presentation, August 2018
• "Florida Law and Defenses to Premises Liability and Negligent Security Cases," private presentation, February 2015

Publications

• "P3 Public-Private Partnerships: Lawyers Can Take Cues From The International Market When Faced With Increasingly Complicated U.S. Infrastructure Contracts," CLM Construction Claims, Fall 2017
• "Important Lessons the United States Can Learn From the More Mature International P3 Market," Florida Transportation Builder, Summer 2017
• "Insurers Must Ferret Out Claims Involving Medicare Advantage Organizations or Risk Paying 3X," The Insurance Coverage Law Report, Winter 2017
• "Does Your Contractual Fee-Shifting Provision Maximize Recovery of Legal Fees?" Florida Transportation Builder, Fall 2016
• "Draft Alternative Fee Recovery Agreements to Maximize Recovery of Legal Fees for You and Your Client," American Bar Association Forum on Construction Law Under Construction Newsletter, Vol. 17 No. 1, January 2015