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Daniel J. Smith

Bowman and Brooke LLP

Co-Managing PartnerSan Jose, CA
Construction LitigationSan Jose, CA

Recognized for

Construction Litigation

The Elite Counsel Perspective

Dan’s construction litigation expertise is exceptional, tested in more than 200 disputes, over 25 jury trials and a class action with demands exceeding $80 million.

Dan’s construction litigation expertise is exceptional, tested in more than 200 disputes, over 25 jury trials and a class action with demands exceeding $80 million.

— Elite Counsel
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Overview

Dan Smith focuses on construction litigation, representing developers, subcontractors and construction product manufacturers in defect and delay claims, indemnity disputes and class actions. Over more than 25 years in practice, he has represented clients in more than 200 construction disputes and tried more than 25 cases to jury verdict. His trial experience also extends to business, commercial and financial litigation.

Dan represents construction defendants in class action litigation. In one such case, which he resolved, demands at the outset exceeded $80 million. He has also written on the subject: his article “Construction Defect Class Actions, Where Do the Potential Risks Lie?” appeared in the January–February 2007 issue of Construction Accounting and Taxation.

Earlier in his career, Dan served in the U.S. Army Judge Advocate General’s Corps from 1987 to 1991. He gained trial experience as both a prosecutor and a public defender, and advised the VII Corps Commander during Operation Desert Storm on the laws of war and the treatment of refugees and prisoners of war.

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

Admissions

  • Arizona, 1986
  • California, 1987

Professional Associations

Associated Builders and Contractors

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

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