Damon M. Fisk practices in the areas of construction, professional liability, commercial and real estate law. His practice focuses on litigation in federal and state courts, including all forms of alternative dispute resolution, in which he represents property owners, developers, general contractors, architects and engineers. Mr. Fisk has broad experience in the construction industry, including licensing, bidding, contract negotiation, contract administration, and litigation involving both public and private works ranging from single-family homes to large-scale commercial, industrial, and government projects. His practice also incorporates transactional work, including contract drafting, mechanic's lien and stop notice issues, and real property transfers.
Mr. Fisk is a member of the Forum on the Construction Industry of the American Bar Association and the Real Property Section of the State Bar of California and Bar Association of San Francisco.
Mr. Fisk is a 2000 graduate of Santa Clara University School of Law and a graduate of the University of Oregon. During law school, Mr. Fisk volunteered for the East San Jose Community Law Center, where he represented low-income clients in matters ranging from immigration law to small business advice. He is proficient in Spanish.
· Obtained an order granting a motion to dismiss a conviction and expunge the criminal record of a pro bono client through the Lawyers' Committee for Civil Rights' "Second Chances Clinic."
· Representation of a leading global provider of design and construction services during successful trial of an action arising out of construction, testing and operation of co-location and Internet hosting facility in Silicon Valley, California.
· Representation of municipality during successful trial arising out of construction and operation of wastewater treatment facility in Oceanside, California.
· Representation of global insurance syndicates in connection with coverage and claims arising out of insured's geotechnical engineering services throughout Southern California.
· Representation of a leading global provider of engineering and construction services in a series of disputes arising from the engineering, procurement, and construction of 310 megawatt combined cycle power plant in Burbank, California.
· Representation of Italian yacht manufacturer in federal court action, resulting in summary adjudication and subsequent dismissal of substantial claim against client.
· Representation of leading underground utility engineering firm in action arising out of explosion of petroleum pipeline in which claims exceed $100 million
Areas of Practice
· Construction Litigation
· Commercial Litigation
· Professional Liability
· Real Estate Litigation
· Duane Morris LLP
- Partner, 2009-present
- Associate, 2006-2008
· Hancock Rothert & Bunshoft LLP
- Associate, 2004-2005 (merged with Duane Morris)
· Coudert Brothers LLP
· Lanahan & Reilley LLP
· American Bar Association
- Forum on the Construction Industry
· State Bar of California
- Real Estate Section
· Bar Association of San Francisco
- Real Estate Section
· Author, "CMAR Project Delivery for Public Works Projects in California: Benefits and Risks Under Current Statutory Structure," Construction Management, June 2013
Selected Speaking Engagements
· Panelist, "A Comparison of Location-Based Construction Scheduling Method with the Traditional Critical Path Method: New and Improved, or More of the Same?" Construction SuperConference 2011, San Francisco, December 15, 2011