David A. Draper

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David A. Draper: Attorney with Lewis Thomason, P.C.
Attorney Awards
About Attorney Awards

Biography

David Draper is a Knoxville native and the senior shareholder in the firm’s Knoxville construction law practice group. He is an AV-rated trial lawyer with broad experience in civil litigation, arbitration, and mediation. Prior to obtaining his law degree, he operated a paint contracting business and worked in commercial construction. His law practice is concentrated in construction defect litigation, professional liability defense, commercial disputes and insurance coverage disputes. His construction clients include owners, designers, industrial, commercial, utility, and residential general contractors, subcontractors and suppliers. He has successfully defended a broad range of licensed professionals, including architects and engineers, lawyers, health care providers, surveyors, and realtors. He also has extensive experience in insurance coverage disputes, much of it related to the construction industry.

Mr. Draper has extensive arbitration experience and he serves as both an arbitrator and mediator. He is a Tennessee Supreme Court Rule 31 listed Civil Mediator. He is a founding member and past president (2015) of the Tennessee Association of Construction Counsel, and long-time member of the Steering Committee of the Construction Practice Group of ALFA International - a global legal network of premier law firms in which the firm is a member. In his law practice, he aspires to the example of his now retired father lawyer, Jack Draper, who counseled that a lawyer should always seek to leave no stone unturned, but to resolve, rather than perpetuate conflict wherever possible. Away from work, he enjoys playing guitar, reading works of history, attending almost any live music show, and exploring the outdoor wonders of Southern Appalachia. He is blessed with a loving wife, Sherry, and two wonderfully aspiring young adult offspring, Ashley and Jack.

PROFESSIONAL HONORS AND ACTIVITIES

•Named to The Best Lawyers in America, Construction Law - Litigation - Construction & Insurance and Professional Malpractice Law/Defendants
•Founding member, President (2016), Tennessee Association of Construction Counsel
•fellow, Knoxville Bar Foundation
•Named a Cityview Magazine 2020 Top Attorney
•Recipient, President’s Award for distinguished service to the Knoxville Bar Association, 1999
•Board of Governors of the Knoxville Bar Association, 1998-2000
•Co-chair, Knoxville Bar Associations’ Functions Committee, organized the Cheers for Charity event to benefit Legal Aid of East Tennessee
•Master of the Bench, Hamilton Burnett American Inns of Court
•Member, Knox Area Chamber Partnership Premier Partners program
•Committee member, Chamber’s Intergovernmental Relations Committee
•Past Chair, City of Knoxville Better Building Board
•Advisory board, Knoxville Waterfront Development
•Legal Counsel, Apartment Association of Greater Knoxville

COMMUNITY ACTIVITIES

•Elder Emeritus, Stewardship Chair, Erin Presbyterian Church
•Knox Area Chamber Partnership
•Past Chair, United Way of Greater Knoxville, Lawyer’s Division
•East Tennessee Historical Society

CONSTRUCTION INDUSTRY AFFILIATIONS

•Founding member and President (2016), Tennessee Association of Construction Counsel
•Past board member and sustaining associate, Associated General Contractors, Knoxville branch
•Associate member, Associated General Contractors, Tri-Cities branch
•Board member (2019-2021), American Institute of Architects of East Tennessee
•Associate member, Tennessee Association of Plumbing, Heating and Cooling Contractors
•Member, Construction Specifications Institute, Knoxville Chapte

Areas of Practice (13)

  • Alternative Dispute Resolution
  • Architect, Engineer and Surveyor Professional Liability
  • Business & Commercial
  • Construction
  • Construction & Real Estate
  • Corporate
  • General Civil
  • Insurance
  • Litigation & Dispute Resolution
  • Mediation
  • Mediation/Alternative Dispute Resolution
  • Municipal & Administrative
  • Professional Liability

Education & Credentials

University Attended:
Transylvania University, B.A., 1985
Law School Attended:
Campbell University, J.D., 1993
Year of First Admission:
1993
Admission:
1993, Tennessee; U.S. Court of Appeals for the Sixth Circuit; U. S. District Court, Eastern, Middle and Western Districts of Tennessee
Memberships:

Affiliations

•Tennessee Bar Association
•Knoxville Bar Association

Construction Industry Affiliations

•Founding member and President (2016), Tennessee Association of Construction Counsel
•Past board member and sustaining associate, Associated General Contractors, Knoxville branch
•Associate member, Associated General Contractors, Tri-Cities branch
•Industry member, American Institute of Architects of East Tennessee
•Associate member, Tennessee Association of Plumbing, Heating and Cooling Contractors
•Member, Construction Specifications Institute, Knoxville Chapter

Reported Cases:
Representative Experience: Representation of a large metropolitan government and its lead architect in arbitration proceedings initiated by the principal project contractors. Claims of over $6 million for alleged delay, disruption, and extra work were asserted. The claims were settled in part and arbitrated in part over 27 days of hearings, with all but $37, 000 of the approximately $2 million in arbitrated claims being defeated.; Representation of a large regional general contractor in a hotel mold case in middle Tennessee. The claim involved allegations of improper design, product specification, defective installation of windows, and negligent contract administration. Mr. Draper was successful in obtaining a mediated settlement that minimized the contractor's liability for betterment, while at the same time maximizing indemnity from lower tier contractors.; Representation of a regional asphalt products and paving firm in a breach of contract case arising out of the resurfacing of a racetrack facility. Claims involved technical evidence of paving tolerances, profile-graphs, and racecar performance under varying track conditions. Track owner's claims were defeated in whole at trial and client was awarded in excess of $200, 000 in fees and expenses.; Representation of three of the area's largest school districts in complex contract negotiation for new construction. Mr. Draper has negotiated contracts for new school construction of behalf of School Boards under design/build, owner/architect/general contractor, and owner/construction manager arrangements on projects with budgets in excess of $50 million.; Representation of a mechanical engineering design firm involving North Carolina project owner claims alleging improper equipment specification in new school construction. Mr. Draper negotiated a settlement involving development of an initial testing protocol, followed by certain remedial work and payment of a very limited range of related expenses.; Representation of owners, designers and contractors in a multitude of foundation failure cases, ranging from settlement of multi-story office buildings to shifting and deflection of single-family homes. Such cases have included claims of improper site investigation, poor engineered fill, and improper foundation design.; Representation of the project engineer on a 65-mile natural gas pipeline project dispute in which client sought payment and was counter sued for allegedly improper design and contract administration. Case was settled with payment of client's fees.; Representation of the apartment owners and managers in lawsuits involving alleged discrimination, wrongful eviction, alleged violations of the Fair Housing Act, and ADA accessibility claims.
ISLN:
900698017

Peer Reviews

4.6/5.0 (36 reviews)
Martindale-Hubbell® AV Preeminent Rating Badge
  • Legal Knowledge

    4.7/5.0
  • Analytical Capability

    4.5/5.0
  • Judgment

    4.7/5.0
  • Communication

    4.5/5.0
  • Legal Experience

    4.8/5.0
  • 5.0/5.0 Rated by a Of Counsel on 02/14/14 in Litigation

    Having litigated against David over the last 20-25 years, I can attest that he is one of the best. He is thorough, knowledgeable, and always practical. Highly recommend him and if necessary would refer family and friends to him.David Black

  • 5.0/5.0 Rated by a Sole Practitioner on 02/05/14 in Construction Litigation

    David Draper is a genuine asset to the Bar. He carries the name of lawyerthat commands respect for his professionalism, his diligence and the quality of his work. He greatly deserves an AV rating.

  • 5.0/5.0 Rated by a Managing Partner on 02/03/14 in General Liability Defense

    Needs to be AV rated. Very good.

  • 5.0/5.0 Rated by a Partner on 01/29/14 in Construction Litigation

  • 5.0/5.0 Rated by a Partner on 01/29/14 in Civil Litigation

  • 5.0/5.0 Rated by a Partner on 01/29/14 in Professional Liability Defense

    I have known David for over 20 years. He is an excellent lawyer, with the highest ethics. It was difficult to pick just one primary area of practice since he also has extensive experience in construction and landlord tenant matters. He has received... Read more

    Read more
  • 5.0/5.0 Rated by a Managing Partner on 01/29/14 in Litigation

  • 5.0/5.0 Rated by a Principal on 01/29/14 in Construction Litigation

    Highly recommend.

  • 5.0/5.0 Rated by a Partner on 01/29/14 in Insurance Litigation

  • 5.0/5.0 Rated by a Partner on 01/29/14 in Construction Litigation

Peer reviews submitted prior to 2008 are not displayed.

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