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David E. Nemeth

Phone: (949) 247-7972

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David Nemeth specializes in construction industry business litigation and transactions.  His experience includes the representation of some of the country’s  largest contractors, as well as developers, owners, subcontractors and sureties.  He counsels clients through the drafting and negotiation of contracts, during construction and project close-out, and in analyzing, preparing and, if necessary, litigating complex claims. 

David has represented clients in matters involving a wide-range of projects throughout the United States, including five-star resorts, an internationally renowned concert hall, hospitals, condominium towers, high-end apartments, power plants, theaters, universities, distribution facilities, highways, resort communities and single-family homes, among others.  In addition to large projects and claims, David also represents smaller local contractors, subcontractors, suppliers and developers, providing the day-to-day assistance needed on issues involving contracts, payment disputes and claims. 

David is a LEED Accredited Professional.  The Leadership in Energy and Environmental Design (LEED) is a green building certification system developed by the United States Green Building Council to provide the construction industry a framework for identifying and implementing green building design, construction, operations and maintenance solutions.  As a LEED AP, David is part of a select group of attorneys nationwide, and of an even smaller group in California, who possess an understanding of green building strategies, issues and certification.  

Memberships and Affiliations

  • Construction Lawyers Society of America
  • United States Green Building Council
    • LEED Accredited Professional
  • Associated General Contractors of America
    • Construction Leadership Counsel
  • Orange County Bar Association 

Publications and Presentations

  • Author: Chapter 14 – “Green Construction and Buildings,” California Construction Law, HLK Global Communications, Inc., 2013.
  • Presenter:  “Public Contracting Code, Procurement” Seminar, March 2011.
  • Author:  “California Sets The Green Building Pace with the Nation’s First Statewide Building Code - The CALGreen Code,”  WTHF Newsletter, Spring 2010.
  • Author:  “Why The New Economy And Regulations Mean Contractors Must Be Ready and Able To Deliver Under LEED.  Is ‘Green’ The New 5-Star Standard?,” WTHF Newsletter, Fall 2009.
  • Speaker:  “The Fundamentals of Construction Contracts; Understanding the Issues in California,” a Lorman seminar, San Bernardino, CA, April 2008.
  • Speaker:  “Fundamentals of Construction Contracts,” a Lorman seminar, Pasadena, CA, September 2007.
  • Speaker:  “How Design Documents Can Prevent or Cause Construction Claims,” Lorman seminars, Los Angeles, CA and Oxnard, CA, March 2007.
  • Author:  “Contractual Waiver of Jury Trial is Unenforceable,” WTHF Newsletter, Winter 2006.
  • Speaker:  “Preserving and Pursuing Payment Rights on California Construction Projects,” San Diego, CA, March 2006.
  • Author:  “Contractor’s Right to Submit Affidavit Precludes Right to Final Payment,” Construction Claims Advisor, October 2005. 
  • Speaker:  “California Construction Claims Under California Law,” Seminar, multiple locations in CA, 2005.