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David E. Suchar

Partner

Vice Chair of Firm Board of Directors and Executive Committee
Chair of Construction & Real Estate Litigation Group
225 South Sixth Street, Suite 2900, Minneapolis, MN 55402

Bar Admissions

Minnesota
Illinois
U.S. District Court
  • Minnesota
  • N.D. Georgia
  • C.D. Illinois
  • N.D. Illinois
  • N.D. Indiana

Leadership & Community

  • Maslon LLP: Board of Directors and Executive Committee Vice Chair 2023, Board Member 2022
  • Tickets for Kids: Regional Advisory Board 2019-present
  • American Bar Association: Forum on Construction Law; "Construction Law Today" Podcast, Host 2022-present; Steering Committee for Division 7 (Insurance, Surety, and Liens) 2018-present; The Construction Lawyer, Contributing Editor and Editorial Board Member 2015-2018
  • The Trial Network: Executive Committee 2019-present (Chair 2023, Vice Chair 2022, Treasurer 2021, Secretary 2020, Officer at Large 2019); Program Review Committee 2018; Board of Directors 2017-present
  • Associated General Contractors of America: Member, Contract Documents Forum; Member, Contract Documents and Risk Management Committees; Presenter, AGC's 2017 Risk Management/Surety Symposium (Contractor Additional Insured Protections); Task Force Member on AIA 2017 A201 General Conditions and Owner-Contract Agreements

Overview

David Suchar, a skilled trial attorney and former federal prosecutor, regularly represents clients in construction and insurance coverage disputes, government and internal investigations, and a variety of commercial litigation. Who's Who Legal ranked David as the top under-45 construction lawyer in the United States, describing him as "an impressive trial lawyer whose practice spans the spectrum of construction matters from insurance to payment claims." (Ranked in 2023 as a Global Leader in Construction.) Chambers USA (ranked 2018-present) published client commentary describing David's strengths as "mastery of insurance, understanding the construction industry, exceptional writing skills and aggressive negotiation." He has been ranked by a variety of other attorney rating organizations, including The Best Lawyers in America® and Super Lawyers®. David worked closely with Maslon Partner Steve Schleicher representing the state of Minnesota in its prosecution of former Minneapolis police officer Derek Chauvin for the murder of George Floyd, helping to coordinate the state's cross-examination on use-of-force issues. He serves as the 2023 national chair of The Trial Network, a professional network strengthening business relationships among 23 leading trial law firms, including Maslon, with 5,000+ attorneys in 100+ offices across the United States.

David has developed a niche national practice representing commercial policyholders in insurance coverage disputes, including on many of the largest construction projects and claims across the United States. Recent matters include the LaGuardia Airport Central Terminal Reconstruction Project (NYC); Las Vegas Raiders (Allegiant) Stadium; Second Avenue Subway (NYC); claims on Millennium Tower, Transbay Transit Center, and Salesforce Tower (San Francisco) (winning summary adjudication on insurance case for the duty to defend on $12 million in legal fees); and the Florida International University bridge collapse (Miami). He frequently presents at conferences across the country on construction and insurance coverage issues, drawing from his experience on the Steering Committee for the ABA Forum on Construction Law's Division 7 (Insurance, Surety & Liens) and as contributing editor of The Construction Lawyer, the flagship ABA construction publication. In 2022, David took over as host of the ABA's "Construction Law Today" podcast series, after appearing as a guest for its two-part podcast on Insurance Coverage Issues in Construction Litigation. In addition, he was lead co-author for the insurance chapter in the ABA's decennial Construction Defects book (2021) and authored several insurance chapters in the ABA’s Construction Checklists book (2022).

David’s prosecution and defense of substantive construction claims has included serving as lead counsel for the structural engineer for all construction claims on the Minnesota Vikings (U.S. Bank) Stadium Project; lead trial counsel for the EPC contractor on the Aurora Solar Project in Minnesota—at its time the largest solar project in Minnesota history; lead counsel for the University of Minnesota on claims arising out of the $110 million Northrop Auditorium remodel; lead counsel for Jacobs Engineering winning summary judgment dismissal of a $2 million personal injury lawsuit; and for numerous lien and payment claims through negotiation, arbitration, and trial.

David also writes, presents, and advises on emerging technology in a variety of subject matters, including developments in blockchain, cryptocurrency, and NFTs.

As a former federal prosecutor, David has also counseled and represented clients at trial and through all aspects of various government, administrative, and internal investigations. His experience includes criminal prosecutions, inquiries, and subpoenas from state and federal agencies.

David's in-court experience sets him apart from the crowd. He has acted as first-chair trial counsel for a variety of bench and jury trials in courts across the country. In addition to his work in the areas of construction and insurance coverage litigation and government and internal investigations, David has successfully litigated various high-end contract and commercial litigation matters.

Before joining Maslon, David served as an Assistant U.S. Attorney at the U.S. Department of Justice and successfully represented the United States as lead counsel in hundreds of contested hearings and several trials in federal district court and oral arguments in the United States Court of Appeals. Prior to his DOJ service, David was a member of the litigation practice group at Kirkland & Ellis LLP in Chicago. In between college and law school, David served as an AmeriCorps VISTA volunteer and grant writer at Habitat for Humanity. He serves on the Regional Advisory Board for Tickets for Kids, a nonprofit organization that provides free access for low income and at-risk kids to attend the arts, cultural, educational, and athletic venues in their communities.

Experience

  • Lead counsel for large international structural engineering firm for claims related to design and construction of the $1.1 billion U.S. Bank Stadium project—the largest construction project in Minnesota history.
  • Lead trial counsel for EPC contractor on claims related to the Aurora Solar Project—the largest solar project in Minnesota history.
  • Lead insurance coverage counsel for claims related to the $8 billion LaGuardia Airport Main Terminal Reconstruction Project (NYC).
  • Lead insurance coverage counsel for international geotechnical engineering firm for claims related to Millennium Tower (winning summary adjudication on insurance case for the duty to defend on $12 million in legal fees), Transbay Transit Center, and Salesforce Tower (San Francisco).
  • Lead insurance coverage counsel for national contractor for claims related to the FIU Bridge Collapse (Miami).
  • Lead insurance coverage counsel for claims related to the $17 billion Second Avenue Subway Project in NYC.
  • Co-lead counsel for the investigation of Monterrey Security, former security provider for the Minnesota Vikings.
  • Lead insurance coverage counsel for large national engineering firm for claims related to the Kendall Generating Station Project (Cambridge, MA).
  • Lead surety and bonding counsel for national contractor for claims related to the $900 million Vista Tower Project (Chicago).
  • Lead insurance coverage counsel for mechanical engineering firm for claims related to the NSA's $1.2 billion Utah Data Center project.
  • Lead counsel for the University of Minnesota for claims related to the $110 million renovation of the Northrop Auditorium.
  • Lead counsel for national contractor winning dismissal of lawsuit for claims related to construction of the Groveland Terrace Condominium—Minneapolis.
  • Lead counsel for a Fortune 500 international engineering, architecture, and construction firm, obtaining complete summary judgment dismissal of approximately $2 million personal injury lawsuit involving allegations of design negligence. Summary judgment order was not appealed. (Minnesota State Court, Fillmore County, 2015).
  • Counsel to a Fortune 500 engineering, construction, and fabrication company, as Plaintiff in multi-district federal lawsuits pursuing insurance coverage and bad faith claims related to a $600 million construction project. Case settled after partial summary judgment victory on key liability issue. (United States District Court, Middle District of Louisiana, 2014).
  • Counsel for disaster recovery, restoration, and remediation company securing multimillion-dollar insurance recovery as a result of contested claim on CGL policy related to construction of a curtain wall at a hurricane-damaged hotel.
  • Insurance coverage counsel for large contractor for claims related to design and construction of Rolls Royce airplane engine facility (Virginia).
  • Insurance coverage counsel for large concrete contractor firm for claims related to construction of the Silver Spring Transit Center (Washington, DC).
  • Lead insurance coverage counsel for class action radon exposure cases brought against regional housing contractor (West Virginia & Maryland).
  • E.I. du Pont de Nemours & Co. v. Medtronic Vascular, Inc., N10C-09-058 (Delaware Superior Court, New Castle County). Obtained complete summary judgment dismissal of approximately $250 million licensing and royalty lawsuit relating to the sale of products used in coronary angioplasty procedures. Summary judgment was subsequently affirmed by the Delaware Supreme Court.
  • Farmers Cooperative Company v. Rembrandt Enterprises, Inc.
    Trial counsel for Rembrandt Enterprises, Inc., a privately held, leading agribusiness and food company in week-long bench trial in Iowa state court. Obtained complete trial victory in a breach of contract case in which plaintiff sought $7 million in damages.
  • Trial counsel for a leading automotive supply company in a week-long bench trial seeking $200 million in wage and benefit concessions from employees and retirees represented by the United Auto Workers and United Steel Workers. Following trial and just prior to the court issuing its ruling, client consensually obtained all of the labor cost reductions it sought at trial.
  • Lead trial counsel for property dispute, winning maximum statutory damages award after bench trial in D.C. Superior Court.
  • Lead counsel for the United States in numerous cases in the United States Court of Appeals for the Eleventh Circuit, including United States v. Calleja-Sabino (2009) (argued), and United States v. Moses (2010) (argued).
  • Lead trial counsel for the United States in several criminal federal trials in the United States District Court in Atlanta, Georgia.
  • Counsel for the United States in successful 34-defendant wiretap investigation and prosecution including court ruling in United States v. Rodriguez-Alejandro, 664 F. Supp. 2d 1320 (N.D. Ga. 2009) (upholding several Governmental searches and seizures as constitutional). Indictments in the case were announced at an Atlanta press conference by then-U.S. Attorney General Michael Mukasey.

Honors

Recognized in Chambers USA: America’s Leading Lawyers for Business, Construction, Minnesota, 2018-2023

Recognized as Thomson Reuters® Stand-Out Lawyer, 2024 (Based on Thomson Reuters® survey of more than 2,000 senior in-house counsel for client satisfaction, client advocacy, and legal skills.)

Who's Who Legal: Construction - Global Leader, 2023; Future Leaders, 2019-2022

The POWER 30: Construction & Real Estate Law, Minnesota Lawyer, 2023 (POWER 30 is a regular feature that examines the power brokers who lead and influence various parts of the Minnesota legal community.)

Selected for inclusion in The Best Lawyers in America®, 2021-2024

Recognized on Minnesota Super Lawyers® list, 2020-2023 (Minnesota Super Lawyers® is a designation given to only 5% of Minnesota attorneys each year, based on a selection process that includes the recommendation of peers in the legal profession.)

Recognized on Minnesota Rising Stars list as part of the Super Lawyers® selection process, 2014-2016 (Minnesota Rising Stars is a designation given to only 2.5% of Minnesota attorneys each year, based on a selection process that includes the recommendation of peers in the legal profession.)

Recognized as a Top LawyerMinnesota Monthly, 2022-2023 (The research for the Top Lawyers list, created by Professional Research Services, is based on an online peer-review survey sent to all attorneys in Minnesota.)

Pro Bono Award, for commitment to pro bono service, Maslon LLP, 2022

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