Daniel D.McMillan (Dan)
Los Angeles + 1.213.243.2582
Daniel D. McMillan
Dan McMillan's practice focuses on complex commercial, business, and construction litigation and transactions. As co-leader of the Firm's global construction practice, which was recognized by Chambers USA as the Construction Practice of the Year for 2017, he represents owners, design professionals, and contractors in large construction disputes and in negotiating and drafting the full panoply of contracts for large projects. Dan has substantial trial and appellate experience, as well as extensive experience with domestic and international arbitrations.
Dan is a member of the Disputes Resolution Board Foundation, the Association of International Petroleum Negotiators, the International Bar Association, and the American Bar Association Forum on Construction Law. He is on the executive board of the Los Angeles Economic Development Corporation, served as an adjunct professor at Loyola Law School teaching appellate advocacy, and has been an instructor for the National Institute of Trial Advocacy. Dan served on the California Commission on Judicial Nominees Evaluation (2007-2010), which evaluates judicial candidates and reports to the governor.
A frequent speaker and writer on issues of interest to the construction industry and the legal profession, his many publications include: State and Local Construction Projects: An Attorney's Handbook (ABA 2017); "Dispute Review Boards: What The Case Law Says About Them," Dispute Review Journal, Vol. 65, No. 4 (AAA Publishing 2011); and "Truth or Consequences: California's False Claims Act," L.A. Daily Journal (Oct. 21, 2009).
DISPUTES:
LA Metro defends ballot initiative generating $120 billion for transportation improvements in Los Angeles CountyJones Day won a trial for Los Angeles County Metropolitan Transportation Authority ("Metro") in response to a petition brought by seven cities in LA County, a registered voter and a joint powers authority challenging a measure adopted by the Metro Board and scheduled to be placed on the November 8, 2016 ballot.
Sempra Energy affiliate successfully completes new LNG facility and resolves all contractor claims under EPC contractJones Day represented a Sempra Energy affiliate, the owner of a liquefied natural gas regasification facility in Louisiana, in arbitration proceedings with the EPC contractor who sought to recover more than $200 million in alleged damages.
LAUSD wins trial establishing notice sufficient to terminate contractor for causeJones Day won a five week trial for Los Angeles Unified School District involving termination for cause of a contractor responsible for constructing and two new schools.
UEC prevails against contractor's direct claims related to design and construction of 500 megawatt combined cycle power plantJones Day represented Utility Engineering Corporation ("UEC"), the engineering firm hired by the Sacramento Municipal Utility District ("SMUD") to design a 500 megawatt combined cycle power plant in Northern California.
SDG&E resolves construction disputes related to 117 mile long Sunrise Powerlink electrical transmission projectJones Day defended San Diego Gas & Electric, a division of Sempra Energy, against more than $200 million in claims asserted by the contractor responsible for constructing the Sunrise Powerlink, a 117 mile high voltage transmission line linking San Diego County and Imperial County.
Chevron Geothermal defends against claims by EPC contractor on 110 MW geothermal power plant in IndonesiaJones Day represented Chevron Geothermal Indonesia, Ltd. in disputes with a contractor over the performance of an EPC contract for a 110 MW geothermal power plant located in Indonesia.
Washington Group International settles $600 million purchase price adjustment dispute involving claims and changes on more than 20 mega-projects located around the worldJones Day represented Washington Group International, Inc. ("WGI") in a purchase price adjustment dispute involving a detailed analysis of construction claims, estimating practices, construction budgets, forecasts, and construction techniques on over 20 projects, including industrial processing facilities, transportation projects, and power projects.
Chevron successfully settles dispute in connection with hydrogen production facility in El Segundo, CaliforniaJones Day represented Chevron Corporation in a dispute with Air Liquide concerning the design, construction and operation of a hydrogen production facility at Chevron's refinery in El Segundo, California.
Befesa defeats preliminary injunction in trade secret misappropriation suit involving desalination plant constructionJones Day represented Befesa S.A. in parallel litigation and arbitration concerning termination of a teaming agreement providing for the preparation of bids for the design, construction, and operation of two desalination plants.
Orange County Transportation Authority defends against construction litigation involving claims in excess of $120 millionJones Day represented the Orange County Transportation Authority (OCTA) in construction litigation involving numerous claims totaling in excess of $120 million that were resolved through a successful mediation in April 2008.
Alameda Corridor Transportation Authority secures settlement valued at more than $1 billion in dispute over revenues for construction and maintenance of consolidated rail lineJones Day represented Alameda Corridor Transportation Authority (ACTA) in contractual disputes with two railroads concerning certain fees to be paid to repay the bonds issued for construction of the $2.4 billion Alameda Corridor linking the ports of Los Angeles and Long Beach with the transcontinental rail network.
LA Metro wins appeal establishing that contractor violated California False Claim Act on subway tunnel construction projectJones Day client Los Angeles County Metropolitan Transportation successfully obtained affirmation of a jury verdict finding that a contractor had violated the California False Claim Act ("FCA") in connection with a change order on a subway construction project.
LA Metro defeats contractor's Section 1983 claim based on alleged denial of constitutional rights due to denial of prequalification for design-build subway projectJones Day succeeded in obtaining a dismissal with prejudice of a federal civil rights action filed by Tutor-Saliba-Perini, J.V., and others against the Los Angeles County Metropolitan Transportation Authority (MTA) asserting among other things that MTA had improperly denied certain entities prequalification, had been engaged in baseless litigation against Tutor entities for twenty years, and had effectuated an improper de facto debarment.
Starwood Capital-led consortium restructures more than $300 million of debt in connection with overall recapitalization of Terranea Resort near Los Angeles, CaliforniaJones Day represented a consortium led by Starwood Capital in restructuring more than $300 million of debt in connection with the overall recapitalization of Terranea Resort near Los Angeles, California.
SoCalGas and SDG&E issue construction contracts for multi-billion dollar pipeline safety enhancement programJones Day represented Southern California Gas Co. and San Diego Gas & Electric Co. in connection with a multi-billion dollar, multi-year Pipeline Safety Enhancement Program (PSEP) involving replacing approximately 294 miles of gas pipeline and upgrading or replacing more than 500 main line valves across a 20,000 square mile service territory.
LLUMC moves forward with $1 billion campus transformation programJones Day has represented Loma Linda University Medical Center ("LLUMC") in connection with a multi-year campus transformation project of approximately $1 billion, which includes construction of two new hospital towers, a parking structure, and associated infrastructure upgrades.
LAUSD pursues largest K-12 construction program in U.S. historyJones Day has served as one of the primary construction counsel to Los Angeles Unified School District over the course of its historic, more than decade long, $20 billion plus school construction program.
ACTA drafts construction documents for bridges and street overpasses for design-bid-build portions of the $2.4 billion freight rail lineJones Day assisted Alameda Corridor Transportation Authority in the drafting of the construction documents for bridges and street overpasses for design-bid-build portions of the $2.4 billion Alameda Corridor, which is a consolidated freight rail line from the ports of Los Angeles and Long Beach to the downtown rail yards.
Santa Barbara Cottage Hospital undertakes $700 million new capital construction facilities programJones Day represented Santa Barbara Cottage Hospital in connection with an approximately $700 million new capital construction facilities program over a 10-year period to upgrade building systems, build a new central energy plant and otherwise bring the facility into compliance with California's seismic retrofit requirements.
Midwest Generation negotiates EPC and equipment supply agreements designed to control emissions of NOx, SOx and particulates at multiple coal-fired generating unitsJones Day represented Midwest Generation LLC, the owner of 13 coal-fired generating units, in connection with the negotiation of EPC and equipment supply agreements designed for an environmental retrofit program implementing an agreement with the State of Illinois for the installation of facilities to control emissions of NOx, SOx and particulates.
City of Hope and Beckman Institute develop new 45,000 square foot laboratory and research facilityJones Day represented City of Hope National Medical Center and the Beckman Institute of the City of Hope to negotiate and draft an architect agreement for the design of the new Gonda building, a 45,000 square foot, four story laboratory and research facility
CHLA builds new 460,000 square foot hospital as part of a more than $500 million capital facilities programJones Day advised Children's Hospital of Los Angeles ("CHLA") in connection with the construction of its new hospital between 2004 and 2010 and its broader capital facilities program, including preparation of contracts with design professionals, contractors, construction managers and consultants and advising on various issues and challenges that arose over the course of the program.
City of Hope builds new cancer centerJones Day represented City of Hope National Medical Center in connection with the design and construction of the Beckman Cancer Center.
Community Memorial Health System enters $185 million design-build contract for new 355,000 square foot hospitalJones Day advised Community Memorial Health System on a new hospital project, at the time the largest construction project in the City of Ventura.
San Antonio Community Hospital builds new four-story emergency department tower and central utility plantOn behalf of San Antonio Community Hospital, Jones Day prepared a design-build contract for an approximately $100 million new hospital tower and central plant addition and has advised the hospital on claims and disputes between the hospital and the design-builder.
Henry Mayo proceeds with $100 million new hospital tower design-build projectJones Day represented Henry Mayo Newhall Memorial Hospital in connection with an approximately $100 million addition of a new hospital tower and central plant.
June 2020 White Paper
Construction Projects and Disputes: A Look Beyond the Lockdown, Part III
May 2020 White Paper
A Guide to Navigating the COVID-19 Crisis for Institutions of Higher Education
Construction Projects and Disputes: A Look Beyond the COVID-19 Lockdown, Part II
Construction Projects and Disputes: A Look Beyond the COVID-19 Lockdown
September 2019 Reprints
Top 100 Lawyers in California 2019, The Daily Journal
September 15, 2017 External Publications
Jumping the Gun on Arbitrability in the 9th Circuit, Daily Journal
February 2016 External Publications
Construction Managers and Contractors: Improve Your Mergers & Acquisition and Dissolution Checklists to Avoid Expired License Exposure—and Worse, The M&A Lawyer, Vol. 20, Issue 2
January 2016 Commentaries
Construction Managers and Contractors: Improve Your Mergers & Acquisition and Dissolution Checklists to Avoid Expired License Exposure—and Worse
December 23, 2014 External Publications
Fighting FCA Claims Against Corporate Executives, Law360
August 2014 Commentaries
Texas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals
Construction Projects and Disputes in the COVID-19 World: A Look Beyond the Lockdown, The Practical Real Estate Lawyer (ALI Jan. 2021)
Use of Drones on Construction Projects: Legal and Contractual Considerations, Under Construction, ABA Forum on Construction Law
The Foreign Corrupt Practices Act in a Global Construction Industry: Corruption Risks and Best Practices, The Construction Lawyer, Vol. 38, ABA Forum on Construction Law
State and Local Construction Projects: An Attorney's Handbook (D. McMillan ed., ABA Publishing 2017 [a 760 page treatise])
Private Rights of Action for Procurement Violations, in State and Local Construction Projects: An Attorney's Handbook, ABA 2017
Public v. Private Projects in State and Local Construction Projects: An Attorney's Handbook, ABA 2017
Prequalification of Contractors by State and Local Agencies, in State and Local Construction Projects: An Attorney's Handbook, ABA 2017
Public Records Acts and the Construction Industry, in State and Local Construction Projects: An Attorney's Handbook, ABA 2017
Municipal Bankruptcy and State and Local Public Works Projects, in State and Local Construction Projects: An Attorney's Handbook, ABA 2017
Licensing Laws: Traps for Unwary Contractors and Subcontractors in Construction Law Update, Wolters Kluwer 2017
Unshrouding the Mysteries of Builder's Risk Insurance, Part 2: The Basics and Beyond, The Construction Lawyer, Vol. 37, ABA Forum on Construction Law
Cross-Examination of Damages Experts in Construction Cases: Application of the Hippocratic Oath and Other Suggestions for the Novice and the Maven, ABA Publishing 2013
Drafting Dispute Review Board Provisions, Construction Checklists: A Guide To Frequently Encountered Construction Issues (ABA Publishing 2008)
Stipulated Sum Contracts -- Owner's Considerations, Construction Checklists: A Guide To Frequently Encountered Construction Issues (ABA Publishing 2008)
General Conditions -- Owner's Considerations, Construction Checklists: A Guide To Frequently Encountered Construction Issues (ABA Publishing 2008)
Price Escalation and Financial Hardship Clauses: Contractual Approaches to Dealing With Hyperinflationary Market Conditions, Chapter 1 in 2006 Construction Law Update (Aspen 2006)
Hardship Clauses in Fixed Price Construction Contracts, coauthor, Construction Law SuperConference
Federal and State False Claims Act and Public Construction Projects, Chapter 23, Construction Business Handbook, 683-742 (Aspen 2004)
Hot Tip: Summary of California Appellate Court's Decision Regarding Dispute Review Boards, ABA Hot Tip
An Owner's Guide to Avoiding the Pitfalls of Disputes Review Boards, 27 Transp. L. J. 181-203
City Sanctuary Resolutions: Much Ado About Nothing, 20 Loy. L.A. L. Rev. 513
Ethical Considerations: TV Lawyers "Do's and Don'ts"
Selected Construction Law Issues
Major Construction Projects: Tips For Avoiding Common Owner Mistakes During A Pandemic
Steering Major Projects Through The COVID-19 Pandemic/Invoking & Responding To Force Majeure Notices
Ethical Considerations: A Long List of TV Lawyers "Do's and Don'ts", Seminar Group
California Construction Law, Seminar Group, Co-Chair, Seminar Group
Forensic Scheduling and Delay Analysis, Seminar Group
Hot Topics in Construction Law, Jones Day MCLE University
Insurance Coverage: Who Pays When Construction Project Claims Arise?
Managing Construction Risks: Drafting, Negotiation, and Enforcement of Contractual Limitations of Liability
The Legal and Regulatory Landscape in the Era of Trump and Implications for the Ethical Practice of Law
California Contractor Licensing Law, The Seminar Group
California Construction Law, co-chair, The Seminar Group
TV Lawyers and Legal Ethics: A Long List of Don't Dos
Hot Topics in Construction Law: 2019
Mediation of Construction Disputes: Dos and Don'ts
New Technologies in Construction and its Forensic Application, panelist, Construction SuperConference
Key Clauses in Construction Contracts, The Seminar Group
Top 10 Contentious Construction Clauses: Competing Perspectives, Jones Day MCLE University
Deconstructing Construction Coverage: What on Earth Do Construction Policies Cover, and How to Maximize Coverage?, Jones Day MCLE University
The Tangible Benefits of Proactive Anti-Corruption Compliance for the Construction Industry
Hot Topics in Construction Law for 2017
News Flash: The Ethics of Crisis Management and Public Relations
Believe It or Not: Real-World Examples of False or Inflated Change Orders and Claims
Games Contractors Play: How Contractors Overstate Claims and Changes
Scheduling Issues, Project Delays & Delay-Related Damages
Major Construction Projects: Tips For Avoiding Common Owner Mistakes
Cybersecurity and the Construction Industry: Keeping Up With the Sprint to Digital Protection
Hot Topics in Construction Law
Liability Caps, Waivers of Consequential Damages and Anti-Indemnity Limitations: Contract Drafting Challenges
Forensic Scheduling & Delay-Related Damages
Contract Drafting Challenges: Liability Caps; Anti-Indemnity Limitations; and Government Contractor Flowdown Requirements
Ethical Blind Spots -- Top-Rated Lawyer Shows on Television Score Poorly on Legal Ethics, Jones Day MCLE University
Protecting Against Default: Surety Bonds v. Subcontractor Default Insurance, Jones Day MCLE University
Ethical Issues in Construction Litigation: Lesson for Lawyers, Project Personnel and Outside Experts, Construction CPM Conference
Trials & Tribulation: How to be an Effective Expert Witness and Mock Jury Trial, Construction CPM Conference
Major Construction Projects: How to Avoid Common Mistakes
Building A Better Pipeline: Key Legal, Liability, Insurance, and Regulatory Issues to Consider in Pipeline Construction Projects
What Municipal and Public Entity Bankruptcies Mean for the Construction Industry
Dispute Review Boards: A New Frontier? 25th Annual Conference of the Southern California Mediation Association, Pepperdine Law School
Mock Trial - Direct and Cross Examination of the Damages Expert, Winter Meeting of the ABA Forum on the Construction Industry
State and Federal Public Record Act Requests: What You Don't Know Might Hurt You!, Jones Day MCLE University
Real-World Ethical Dilemmas: Contrasts in Perspectives Between In-House and Outside Counsel
Performance and Payment Bonds: The Basics and Beyond
January 31, 2012 and
Termination of Construction Contracts: Pitfalls and Traps
Ethics in Today's World of DRBs, DRBF 15th Annual Meeting & Conference
Mock Trial 2011: Hasty Construction v. Dauphin Resorts, Project Management Institute, College of Scheduling, 8th Annual Conference
Termination of Construction Contracts: Pitfalls and Traps, Jones Day MCLE University
Labor and Employment Law Considerations That May Impact The Success Of Your Construction Project, Jones Day MCLE University
The Regulatory Environment of Green Construction: A Look at What's Leading Us to a More Sustainable Future, The Society of Healthcare Engineering and The Hospital Association of Southern California's Strategies for Sustainable Healthcare Conference
Hot Topics in Construction Law: California's E-Discovery Act; and Green Building Update Jones Day MCLE University
Bankruptcy Law and the Construction Industry: What Every Lawyer Should Know in This Economic Climate, moderator, MCLE University
The Ideal Form of Dispute Resolution: In Search of the Holy Grail, Jones Day MCLE University
Shootout at the OK Corral--Did You Give Me Notice? Mock Trial Parts I and II, Project Management Institute, College of Scheduling, 6th Annual Conference
New Contract Forms and New Forms of Project Delivery: From Consensus Docs to Integrated Project Delivery, Jones Day MCLE University
Depression: Coping With Economic Downturns and Price Volatility in Construction Contracts, Jones Day MCLE University
When Good Projects Go Bad
Did You Notice Me? 25th Annual Primavera User Conference
Shootout at the OK Corral: Mock Trial Parts I-II, Project Management Institute, 5th Annual College of Scheduling Conference
California False Claims Act and the Construction Industry: The First 20 Years
Termination of Construction Contracts by the Owner or the Contractor
Hot Topics in California Construction Law
Breaking Up Is Hard To Do: Termination of Contracts by the Owner or the Contractor
Sticks & Bricks, moderator, ABA Forum on the Construction Industry
For Every Wrong There is a Remedy, Except as Provided Herein: Limitations on Remedies and Damages
Breaking Up Is Hard To Do: Termination of Contracts By Owners and Contractors
Key Construction Contract Provisions
The ABC's of DRBs and Other Selected Issues from the World of ADR
Mock Jury Trial (Parts I - II): Hailey Burton Cartwright Construction v. Macaw Casino, panelist, Project Management Institute: College of Scheduling
Key Contract Provisions In Public Construction Contracts: The Competing Perspectives of Owners, Design Professionals and Contractors, JD MCLE University
Hot Topics in Public Construction Law, JD MCLE University
Breaking Up is Hard to Do: Termination of a Public Contract by the Owner or the Contractor, JD MCLE University
Top Ten Contractual Life Preservers for Owners, Contractors, and Designers, Construction Law SuperConference
Disclose, Disclose, Disclose – How Much Disclosure is Necessary for the Arbitrator, panelist, ABA forum on the construction industry, 2005 Annual Meeting
California's Public Records Act: Special Challenges Faced by Public Agencies When Litigation is Imminent or Pending, moderator, JD MCLE University
What Your Mother Never Told You About the California and Federal False Claims Acts, JD MCLE University
Hot Topics in Public Construction and Procurement Law, moderator, JD MCLE University
Hardship Events and Construction Management: Allocating and Managing Risk in Light of Lessons Learned from the Spike in Steel Prices, Construction Law SuperConference
Shootout at the OK Corral: Mock Trial of Construction Dispute, panelist, Annual Primavera User Conference
Construction Claims Under the Threat of a False Claims Act Violation, ABA Forum on the Construction Industry 2005 Annual Meeting
False Claims and Fraud – Beyond the Basics, panelist, Construction Law SuperConference
Disputes Review Boards: A Review Of Key Issues, Recent Case Law and Standard DRB Agreements, Fall Meeting of the ABA Forum On The Construction Industry
Construction Schedulers: Surviving the Deposition Experience (Parts I and II), panelist, Primavera Annual Conference
Alternative Project Delivery – The Good, Bad, and Ugly, panelist, Construction Law SuperConference
National Institute of Trial Advocacy Law and Motions Seminar, faculty member
False Claims and the Criminalization of Construction Law, copresenter, Annual Meeting of the American College of Construction Lawyers
Truth or Consequences: The Examination and Cross-Examination of a Scheduling Expert, panelist, Primavera Annual Conference
Construction War Stories and Timely Tips, panelist, Construction Law SuperConference
Construction Management II, National Institute For Corporate Real Estate, faculty member
Construction Management I, National Institute For Corporate Real Estate, faculty member
National Institute of Trial Advocacy Deposition Seminar, faculty member
Litigation of Construction Disputes: What Every Contract Administrator Should Know, sponsored by Los Angeles County Counsel's Office
The Empire Strikes Back or Even Owners Can Survive, panelist, Construction Law SuperConference
Public Works Contracts And The False Claims Act, sponsored by Los Angeles County Counsel's Office
Introduction to Appellate Advocacy, Adjunct Professor of Law, Loyola Law School
"Zealous, highly effective advocate . . . praised for anticipating legal issues and crafting successful business solutions"
Chambers USA
Business & Tort Litigation
Global Disputes
Loyola Marymount University (J.D. summa cum laude [first in class] 1987; Articles Editor, Law Review; B.S. summa cum laude [first in class] 1983)
Honors & Distinctions
Chambers USA, Construction (California), Band 1 (2018-2020)
The National Law Journal "Real Estate/Construction Trailblazer" (inaugural list 2020)
Daily Journal "Top 100 Lawyers in California" (2019)
BTI Client Service All-Star (2019)
Who's Who Legal "Construction Thought Leader" (2020)
Southern California Super Lawyers (multiple years through 2020)
Legal 500 United States, Leading Lawyer in Real Estate/Construction (2019)
The Best Lawyers in America, Construction Law (2019)
Law Clerk to Chief Judge Charles Clark, United States Court of Appeals, Fifth Circuit (1987 term)