Photo of Daniel   Lund III

Dan Lund practices in the area of construction litigation with a focus on construction and surety litigation and arbitration, business, insurance and products liability defense litigation, contract drafting and negotiations, telecommunications, as well as land use law in the areas of zoning and planning. Dan principally represents general contractors, major subcontractors, sureties, public and private owners, and wireless telecommunications carriers and owners of telecommunications infrastructure. Additionally, Dan serves nationwide as a construction mediator, and as a construction arbitrator through the American Arbitration Association.

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Dan Lund practices in the area of construction litigation with a focus on construction and surety litigation and arbitration, business, insurance and products liability defense litigation, contract drafting and negotiations, telecommunications, as well as land use law in the areas of zoning and planning. Dan principally represents general contractors, major subcontractors, sureties, public and private owners, and wireless telecommunications carriers and owners of telecommunications infrastructure. Additionally, Dan serves nationwide as a construction mediator, and as a construction arbitrator through the American Arbitration Association.

He also regularly lectures on construction law topics, including Louisiana lien law, zoning and land use planning, general Louisiana and federal construction law, and speaks on legal ethics.

Practice Focus

Experience

  • Successfully defended general contractor client against a bid protest related to the construction manager at risk bid process for the construction of a new terminal at the New Orleans Louis Armstrong International Airport, resulting in a contract award for the $546 million project. Construction of the facility is slated to conclude in 2019.
  • Successfully defended general contractor client against a bid protest concerning a $27 million design-build construction project for the New Orleans Sewerage and Water Board. The client received the award of the contract for the project immediately following the successful defense against the protest action.
  • Negotiated a long-term franchise ordinance for an international telecommunication company in connection with an installation for small cell wireless throughout the City of New Orleans. 
  • Successfully prosecuted in Civil District Court in New Orleans delay and nonpayment claims for a general contractor client, obtaining a $1.7M judgment on two separate infrastructure projects. The judgment of the court also dismissed all owner claims against the client for delay damages.

Insights

Publications
  • Author/Editor, Louisiana Construction Law and News Update (2003-2014)
  • Co-author, Manual of Credit and Commercial Laws (99th and 100th Editions) (Louisiana sections), National Association of Credit Management (2007-present)
  • Co-author, Louisiana Construction Law, HLK Global Communications (2006)
  • Co-author, “Mechanics Liens and Construction Bonds Under Louisiana Law,” Business Credit Magazine (2006-2011)
  • Co-author, Payment Bond Manual (3rd Edition) (Louisiana section), American Bar Association (2006)
Speaking Engagements
  • “Annual Louisiana Construction Law Update,” Louisiana Associated General Contractors 2019 Annual Summer Conference (Sandestin, FL, June 2019) Speaker
  • Speaker, "Who Owns This Stuff? Delivered, Stored and Paid for Materials," Surety Claims Institute 2019 Annual Conference (June 2019)
  • Speaker, "Killer Contract Clauses," Prestressed Concrete Institute Gulf South Spring Meeting (April 2019)
  • 32nd Annual Louisiana Associated General Summer Conference (June, 2018)
  • Louisiana Associated General Contractors: Exploring the 2017 AIA Contract Forms - New Orleans (May, 2018)
  • Louisiana Associated General Contractors: Exploring the 2017 AIA Contract Forms - Baton Rouge (May, 2018)
  • Louisiana Associated General Contractors: Exploring the 2017 AIA Contract Forms - Shreveport (May, 2018)
  • 2018 ABA Forum on Construction Law - Annual Meeting (April, 2018)
  • 53rd Annual Conference for the Louisiana Association of School Business Officials (LASBO) "Walking to New Orleans!" (March, 2018)
  • 2018 Critical Issues Summit (February, 2018)
  • Presenter, "'The Standard' Form Contract: Exploring the Decennial 2017 Changes AIA Contract Forms," Construction CPM Conference (January 2018)
  • Construction CPM Conference (January, 2018)
  • Presenter, “Construction Contracts and Dispute Resolution 101,” Construction CPM Conference (January 2017)
  • Presenter, “Fundamentals of Construction Arbitration and Mediation in Louisiana,” Southeast Construction Defect and Dispute Conference (January 2016)
  • Moderator, “GCs and Subcontractors: Can’t We Be Friends? Part II: Win-Win Contract Clause Negotiations,” 2015 Construction Financial Management Association Annual Conference (2015)
  • Presenter, “Practical Construction Law in Louisiana,” Cambridge Institute/National Business Institute/Lorman Education Services (1992-2014)
  • Presenter, “AIA Contracts,” Lorman Education Services (2010-2014)
  • Presenter, “Mechanic's Liens in Louisiana,” Cambridge Institute/Lorman Education Services (1991-1993; 2010)
  • Presenter, “Development, Implementation & Legal Issues of Construction Scheduling in Louisiana and North Carolina,” Lorman Education Services (2004-2009)
  • Presenter, “Will the 2008 Vintage Contract Documents Suit the Surety Palate Better Than the 1997 Vintage Contract Documents?,” National Bond Claims Association, Austin, Texas (2008)
  • Presenter, “Louisiana Construction Defect and Mold Litigation,” National Business Institute (2003-2006)
  • Presenter, “Wireless Ordinance Writing Seminar,” Tower Summit and Trade Show, New Orleans (2005)
  • Presenter, “Focus on Concealment: Trends and Advancements in Site Concealment,” Tower Summit and Trade Show, Las Vegas (2004)
  • Presenter, “A Plan to Resolve the Migratory Bird Challenge and the Endangered Species Act,” Tower Summit and Trade Show, Las Vegas (2003)
News

Memberships & Affiliations

  • American Bar Association Forum on the Construction Industry
  • Louisiana State Bar Association
  • Louisiana Association of Defense Council (Board Member, Construction and Commercial Litigation Practice Group)
  • New Orleans Bar Association
  • National Bond Claims Association
  • Surety Claims Institute
  • ABC Bayou -New Orleans Board of Directors
  • Pearlman Association
  • Associated Builders and Contractors
  • Associated General Contractors
  • Construction Financial Management Association
  • Louisiana Wireless Association

Recognition

  • Chambers USA, America’s Leading Lawyers for Business
  • AV® Preeminent Peer Review Rated by Martindale-Hubbell
  • Selected to the Louisiana Super Lawyers list, Super Lawyers (Thomson Reuters), 2010-2019
  • The Best Lawyers in America – Construction Law and Construction Law Litigation, 2015-present
  • New Orleans Magazine - Top Lawyers, 2012-present

Education

  • Tulane University Law School
    J.D., 1988
  • Duke University
    M.T.S., 2009
  • University of New Orleans
    B.A., Philosophy, 1985

Admissions

  • Louisiana
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court, Northern District of Florida
  • Successfully defended general contractor client against a bid protest related to the construction manager at risk bid process for the construction of a new terminal at the New Orleans Louis Armstrong International Airport, resulting in a contract award for the $546 million project. Construction of the facility is slated to conclude in 2019.
  • Successfully defended general contractor client against a bid protest concerning a $27 million design-build construction project for the New Orleans Sewerage and Water Board. The client received the award of the contract for the project immediately following the successful defense against the protest action.
  • Negotiated a long-term franchise ordinance for an international telecommunication company in connection with an installation for small cell wireless throughout the City of New Orleans. 
  • Successfully prosecuted in Civil District Court in New Orleans delay and nonpayment claims for a general contractor client, obtaining a $1.7M judgment on two separate infrastructure projects. The judgment of the court also dismissed all owner claims against the client for delay damages.
Publications
  • Author/Editor, Louisiana Construction Law and News Update (2003-2014)
  • Co-author, Manual of Credit and Commercial Laws (99th and 100th Editions) (Louisiana sections), National Association of Credit Management (2007-present)
  • Co-author, Louisiana Construction Law, HLK Global Communications (2006)
  • Co-author, “Mechanics Liens and Construction Bonds Under Louisiana Law,” Business Credit Magazine (2006-2011)
  • Co-author, Payment Bond Manual (3rd Edition) (Louisiana section), American Bar Association (2006)
Speaking Engagements
  • “Annual Louisiana Construction Law Update,” Louisiana Associated General Contractors 2019 Annual Summer Conference (Sandestin, FL, June 2019) Speaker
  • Speaker, "Who Owns This Stuff? Delivered, Stored and Paid for Materials," Surety Claims Institute 2019 Annual Conference (June 2019)
  • Speaker, "Killer Contract Clauses," Prestressed Concrete Institute Gulf South Spring Meeting (April 2019)
  • 32nd Annual Louisiana Associated General Summer Conference (June, 2018)
  • Louisiana Associated General Contractors: Exploring the 2017 AIA Contract Forms - New Orleans (May, 2018)
  • Louisiana Associated General Contractors: Exploring the 2017 AIA Contract Forms - Baton Rouge (May, 2018)
  • Louisiana Associated General Contractors: Exploring the 2017 AIA Contract Forms - Shreveport (May, 2018)
  • 2018 ABA Forum on Construction Law - Annual Meeting (April, 2018)
  • 53rd Annual Conference for the Louisiana Association of School Business Officials (LASBO) "Walking to New Orleans!" (March, 2018)
  • 2018 Critical Issues Summit (February, 2018)
  • Presenter, "'The Standard' Form Contract: Exploring the Decennial 2017 Changes AIA Contract Forms," Construction CPM Conference (January 2018)
  • Construction CPM Conference (January, 2018)
  • Presenter, “Construction Contracts and Dispute Resolution 101,” Construction CPM Conference (January 2017)
  • Presenter, “Fundamentals of Construction Arbitration and Mediation in Louisiana,” Southeast Construction Defect and Dispute Conference (January 2016)
  • Moderator, “GCs and Subcontractors: Can’t We Be Friends? Part II: Win-Win Contract Clause Negotiations,” 2015 Construction Financial Management Association Annual Conference (2015)
  • Presenter, “Practical Construction Law in Louisiana,” Cambridge Institute/National Business Institute/Lorman Education Services (1992-2014)
  • Presenter, “AIA Contracts,” Lorman Education Services (2010-2014)
  • Presenter, “Mechanic's Liens in Louisiana,” Cambridge Institute/Lorman Education Services (1991-1993; 2010)
  • Presenter, “Development, Implementation & Legal Issues of Construction Scheduling in Louisiana and North Carolina,” Lorman Education Services (2004-2009)
  • Presenter, “Will the 2008 Vintage Contract Documents Suit the Surety Palate Better Than the 1997 Vintage Contract Documents?,” National Bond Claims Association, Austin, Texas (2008)
  • Presenter, “Louisiana Construction Defect and Mold Litigation,” National Business Institute (2003-2006)
  • Presenter, “Wireless Ordinance Writing Seminar,” Tower Summit and Trade Show, New Orleans (2005)
  • Presenter, “Focus on Concealment: Trends and Advancements in Site Concealment,” Tower Summit and Trade Show, Las Vegas (2004)
  • Presenter, “A Plan to Resolve the Migratory Bird Challenge and the Endangered Species Act,” Tower Summit and Trade Show, Las Vegas (2003)
News
  • American Bar Association Forum on the Construction Industry
  • Louisiana State Bar Association
  • Louisiana Association of Defense Council (Board Member, Construction and Commercial Litigation Practice Group)
  • New Orleans Bar Association
  • National Bond Claims Association
  • Surety Claims Institute
  • ABC Bayou -New Orleans Board of Directors
  • Pearlman Association
  • Associated Builders and Contractors
  • Associated General Contractors
  • Construction Financial Management Association
  • Louisiana Wireless Association
  • Chambers USA, America’s Leading Lawyers for Business
  • AV® Preeminent Peer Review Rated by Martindale-Hubbell
  • Selected to the Louisiana Super Lawyers list, Super Lawyers (Thomson Reuters), 2010-2019
  • The Best Lawyers in America – Construction Law and Construction Law Litigation, 2015-present
  • New Orleans Magazine - Top Lawyers, 2012-present