Joseph W. DeLave

Member

Download vCard

Bloomfield Hills Office

jdelave(at)dickinsonwright.com

Phone: 248.433.7271

Fax: 248.433.7274

Areas of Practice Emphasis

Representative Clients

  • Fifth Third Bank
  • Ford Motor Company
  • G. Wilson Builders, Inc.
  • MGM Grand Detroit, LLC
  • Micco Construction, LLC
  • National Construction Enterprises, Inc.
  • Pontiac Ceiling & Partition, LLC
  • Restoration Dredging, Inc.
  • Turner Construction Company
  • Value City Furniture

Prominent Assignments

  • Representation of Ford Motor Company in defense of a multi-million dollar "cumulative" impact claim asserted by the general contractor for the renovation of Ford's Lincoln Park, Michigan facility.
  • Defense of contractor claims and prosecution of professional negligence claims for the Oakland County Drain Commissioner arising from an underground tunnel collapse and 100 year flood during construction of a CSO project.
  • Representation of Turner Construction Company in the prosecution of claims against the project's architect/engineer arising from the design of a 150 room hotel, conference center and parking garage in Bay City, Michigan.
  • Defense of Blue Cross Blue Shield of Michigan against delay and impact claims asserted by the general contractor and several subcontractors in connection with company's expansion of its downtown Detroit facilities.
  • Representation of Master Temperature Controls in litigation concerning application of a statutory exemption from the Electrical Administrative Act, with trial court victory affirmed by the Michigan Court of Appeals.
  • Representation of a developer client in a partnership dissolution action
    involving two retail shopping centers.
  • Member of the contract review committee for the City of Detroit Downtown Development Authority in connection with the construction of Detroit's stadia, Comerica Park and Ford Field.
  • Extensive experience in litigation and arbitration of a wide array of construction claims and disputes involving delays, differing site conditions, construction defects and competitive bid protests.
  • Extensive experience drafting and negotiating construction contracts, including design, construction and design/build contracts.

Education

  • University of Notre Dame School of Law, J.D. 1987
    - Administrative Editor, Journal of Legislation, 1986-1987
  • University of Notre Dame, B.A. 1984 (with honors)

Admitted to Practice

  • Michigan, 1987
  • U.S. District Court, Eastern District of Michigan, 1987

Professional and Community Involvement

  • State Bar of Michigan, Construction Law Committee
  • Legal Advisory Committee of the Greater Detroit Chapter of the Associated General Contractors of America
  • Oakland County Bar Association, Past two-term editor of LACHES Magazine
  • Notre Dame Club of Detroit, Board of Directors
    - Past President (1997-1998)
    - Notre Dame Club of Detroit Award of the Year (2007)
  • Lourdes Senior Community, Board of Directors
    - Chairman, Development Committee
    - Chairman, Clausen Manor (Alzheimer's facility)
  • Our Lady Queen of Martyrs School, Vice-President, Long Range Planning
    - President's Award (2004 and 2008)

Publications and Presentations

  • Presenter, "An Introduction to the New Family of Construction Documents: The CONSENSUSDOCS," Dickinson Wright Annual Construction Law Forum (October, 2008)
  • Contributing author, A Practitioner's Guide to Construction Law (ALI-ABA 2000; updated edition to be republished in 2008)
  • Author, "The Contract for Construction: Standard Forms and Common Risk Transferring Provisions, "A Contractor's Guide to Michigan Construction Law, published by the Greater Detroit Chapter of the Associated General Contractors of America (2005; updated and to be republished 2008)
  • Co-presenter, "Good Samaritan Laws, CPR and AED's," sponsored by the Oakland Healthcare Alliance (2008)
  • Presenter, "Design-Build Contracting, Understanding and Managing Your Risks," presentation to the Turner Construction Company (July, 2006)
  • Presenter, "Effective Contract Negotiations," sponsored by the Greater Detroit Chapter of the Associated General Contractors of America (April, 2006)
  • Co-presenter, "Cumulative Impact Claims," sponsored by the Real Property Law Section of the State Bar of Michigan, Breakfast Roundtable (November, 2005)
  • Co-presenter, "Insurance Requirements for Contractors," with John C. Hurley and Daniel J. Osterbaan of Marsh USA, Inc., sponsored by the Greater Detroit Chapter of the Associated General Contractors of America (March, 2005)
  • Presenter, "Some Practical Advice for Contractors and Owners for the Successful Prevention and Defense of Mold Claims," sponsored by the Real Property Law Section of the State Bar of Michigan, Breakfast Roundtable (February, 2004)