David Kurtz

Mr. Kurtz also has significant experience in drafting and negotiating construction contracts, including traditional design professional, design-bid-build, design-build, and construction management contracts, involving a variety of different types of projects. 

He has served as a special master to the court in construction litigation and also has extensive experience with alternative dispute resolution forums such as arbitration and mediation.

Mr. Kurtz also has served in construction-related leadership positions within the American Bar Association. As past co-chair of the Construction Litigation Committee of the Section of Litigation, Mr. Kurtz helps more than 2,000 Committee members stay abreast of the latest developments in construction law.

• Bench Trial Victory for Contractor - Construction Litigation

• Representing a design-builder in connection with allegations of construction errors and professional negligence in the design and construction of a hospital.

• Represented an engineer in connection with allegations of professional negligence in the design and construction of a levee.

• Represented an architect in connection with allegations of professional negligence in the design and construction of a medical office suite.

• Represented an engineer in connection with allegations of professional negligence in the design and construction of city sidewalks.

• Defended a soil stabilization contractor in a case involving an allegedly sinking shipyard; owner claimed more than $45 million in damages, and after a two-week trial, district court ruled in contractor's favor and granted net award to contractor.

• Appointed by a Federal Court to serve as Liaison Counsel to contractor defendants in multi-district litigation comprising more than 80,000 claimants who allege injury due to exposure to formaldehyde while living in travel trailers and other emergency housing provided by FEMA following Hurricanes Katrina and Rita. Obtained a defense verdict in a two-week "bellwether" federal jury trial, further resulting in the dismissal of the Firm's client from a second bellwether prior to trial. Defended two contractor defendants in the multi-district litigation.

• Represented contractor in prosecuting multi-million dollar delay and cumulative impact claim arising from industrial construction project and defending against owner's delay and lost profit claims; settled successfully.

• Represented local university in arbitration arising from the installation of a new chilled water facility. Successfully resolved during the hearing.

• Defending contractor in lawsuits arising from the administration of post-disaster relief programs; some of these cases have been dismissed.

• Defended contractor in cases with damages alleged to be in the millions of dollars in which plaintiffs claim to have been injured while living in FEMA trailers. These cases have been dismissed or successfully resolved.

• Defended contractor in several lawsuits arising from FEMA's failure to reimburse the City of New Orleans for disaster relief work performed by our client. The cases were dismissed or resolved favorably.

• Represented EPC contractor in an arbitration involving change order and delay claims relating to the construction of an ethanol plant in California.

• Represented a hospital manager against the owner in a case involving allegations of mismanagement; amount at issue was $300 million; settled successfully.

• Successfully settled a multi-million dollar litigation suit for a local university against allegations of water intrusion in a dormitory.

• Successfully defended a client in a qui tam lawsuit filed under the False Claims Act. The plaintiff alleged that the client defrauded FEMA through its submission of invoices for work associated with the hauling and installation of FEMA-owned travel trailers for thousands of displaced disaster victims. Successfully secured the dismissal of all claims after extensive pre-trial motion practice. The relators appealed and the Fifth Circuit affirmed the district court’s dismissal of all claims.
• Obtained summary judgment on behalf of a contractor against claims of negligence asserted by homeowners participating in the post-Katrina Hazard Mitigation Grant Program (HMGP), arguing successfully for the absence of a duty owned and against any alternative basis for recovery, thereby achieving the dismissal of all claims in their entirety.

• Defended an infrastructure services firm in a $1 million federal lawsuit brought by its subcontractor under the Miller Act. Settled the case on favorable terms.

• Member – Louisiana State Bar Association
• Member – New Orleans Bar Association
• Member – Federal Bar Association
• Member – American Bar Association
  • Litigation Section
  • Forum on the Construction Industry
• Listed in Chambers USA as a leading Construction lawyer in Louisiana since 2012
• Recognized as a "Top Lawyer" by New Orleans Magazine in Construction Law (2013, 2015, 2019, 2022 – 2025)
• Listed in The Best Lawyers in America^® for Construction Litigation (2014 – 2026); Construction Law (2016 – 2026)

• "Recent Louisiana Case Reminds of the Need for Careful Contract Drafting to Avoid Conflicts" (July 2023)

• "Legal Issues in Geotechnical Engineering," ABA Forum on Construction Law 2024 Regional Meeting (December 2024)
• "The Pros and Cons of Different Types of Arbitration," Charting a Course in Unfamiliar Waters: Tips for Winning Your Case in Arbitration, Louisiana State Bar Association, New Orleans, Louisiana (December 2019)
• "FEMA 101: What Construction Contractors and Project Owners Need to Know," ABA Forum on Construction Law Annual Meeting, Hollywood, Florida (April 2019)
• "Superstorms: Litigation & Best Practices When Rebuilding After the Storm," ABA Forum on Construction Law Annual Meeting, New Orleans (April 2018)
• Immediate Past Chair – ABA Construction Litigation Committee
• "Are Those Your Fingerprints on the Prints," presented at the Construction SuperConference (December 2016)
• "Rainy Day Planning: Preparing for Possible Litigation During the Construction Phase," presented at ABA Forum on the Construction Industry Annual Meeting (April 2014)

• Baker Donelson Attorneys Recognized in The Best Lawyers in America® 2026 Listing (August 21, 2025)
• Chambers USA Ranks 97 Baker Donelson Attorneys in 2025 Edition (June 5, 2025)
• Baker Donelson Attorneys Recognized in The Best Lawyers in America® 2025 Listing (August 15, 2024)
• Chambers USA Ranks 88 Baker Donelson Attorneys in 2024 Edition (June 6, 2024)
• Baker Donelson Attorneys Recognized in The Best Lawyers in America^® 2024 Listing (August 17, 2023)
• Chambers USA Ranks 80 Baker Donelson Attorneys in 2023 Edition (June 2, 2023)
• Baker Donelson Attorneys Earn Recognition in The Best Lawyers in America® 2023 Listing (August 18, 2022)
• 79 Baker Donelson Attorneys Ranked in Chambers USA 2022 (June 6, 2022)
• Baker Donelson Attorneys Earn Recognition in The Best Lawyers in America® 2022 Listing (August 19, 2021)
• 80 Baker Donelson Attorneys Ranked in Chambers USA 2021 (May 25, 2021)

• Cross-Examining Expert Witnesses (May 11, 2021)