Practice Areas
Bar Admissions
North Carolina
South Carolina
Education
University of South Carolina, J.D., magna cum laude, 2006, Order of the Coif; Articles Editor, South Carolina Law Review, 2005-06
Furman University, B.A., cum laude, 2001
Profile
David Kimball is a business litigator who routinely advises a variety of parties, including equipment manufacturers, owners and contractors, on a wide range of construction-related disputes. David chairs the firm’s Construction Practice Group and has substantial experience with both litigation and transactional matters, earning him recognition as one of the Best Lawyers in America for construction since 2017.
David’s clients benefit from his courtroom experience and practical approach to resolving disputes. He frequently appears before state and federal courts in both North and South Carolina, and he routinely advises clients in the pre-litigation phases of disputes — where cases are often won or lost before they begin. David also has experience with all forms of alternative dispute resolution, including mediation and arbitration.
Honors & Awards
- The Best Lawyers in America, construction, 2017-24
- South Carolina Super Lawyers, Rising Star, business litigation, 2014-19
- Benchmark Litigation, Top Litigator Under 40, 2018-19; Rising Star, 2020-22
Clerkships
- Law Clerk, The Honorable Dennis Shedd, U.S. Court of Appeals, Fourth Circuit, 2006-07
Experience
Experience
Construction
Favorably resolved a dispute on behalf of a manufacturer of air-cooled heat exchanger in connection with claims by the owner of a Massachusetts cogeneration facility concerning alleged performance deficiencies.
Advises a manufacturer of industrial filtration equipment in connection with claims by the owner of a natural gas-fired power plant in New York, alleging insufficient performance.
Advises the developer of a high-end multifamily project in the arbitration of complex claims concerning the delayed delivery and completion of the project by a contractor.
Achieved a favorable resolution on behalf of a manufacturer of air-cooled condensers in a complex builder’s risk insurance dispute involving allegations of defective structural steel and related issues.
Advised a large industrial manufacturer on a design-build agreement for a new $450 million foundry project.
Assisted a regional hospital and health care provider to formalize design and construction contracts for use throughout the organization on a range of projects.
Advised a national pipe manufacturer on the negotiation of multiple warehouse construction contracts nationwide.
Negotiates a construction contract for an owner/developer of an upscale boutique hotel.
Files and arbitrates an owner's liquidated damages claims for the delayed completion of an industrial manufacturing facility by the design-builder.
Assists a large regional energy company with the resolution of design defect claims against a supplier of once-through steam generators to a nuclear power facility.
Defends a builder of high-rise condominiums against defect claims brought by the developer regarding the HVAC system and negative pressure allegedly resulting in mold infiltration.
Represents a contractor in the negotiation of a $46 million multibuilding logistical park design-build contract.
Advises and negotiates multiple construction contracts for various expansion projects for a pharmaceutical developer and manufacturer.
Negotiates a design-build contract for a product manufacturing line expansion for a manufacturer of consumer power tools.
Advises and negotiates all construction contracts for an entire campus on behalf of the developer of a luxury retreat in the North Carolina mountains.
Complex Business Litigation
Defends a global chemical manufacturer in a pricing dispute with a customer.
Represents a local utility in a dispute with a national telecom provider over utility pole attachment rates.
Represents a plumbing materials manufacturer, successfully arguing that a products liability statute of repose barred claims against the manufacturer.
News & Events
News
- Aug. 17, 2023
- Aug. 23, 2022
- Oct. 12, 2021
- Aug. 26, 2021
- Dec. 16, 2020
- Aug. 20, 2020
- Oct. 17, 2019
- Aug. 15, 2019
- Aug. 5, 2019
- Jan. 28, 2019
- Nov. 16, 2018
- Aug. 15, 2018
- July 9, 2018
- Jan. 30, 2018
- Eight Named “Lawyer of the Year”Aug. 16, 2017
- Jan. 26, 2017
- Eight Attorneys Named "Lawyer of the Year"Aug. 15, 2016
- March 18, 2016
- Sept. 22, 2015
- Jan. 5, 2015
- Dec. 26, 2014
- April 23, 2014
- Feb. 3, 2014
- Sept. 1, 2008
- Oct. 19, 2007
Events
Prestonwood Country Club
300 Prestonwood Parkway, Cary, NC 27513Aug. 17, 2022Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Aug. 27, 2019Holiday Inn Express Hotel & Suites
Columbia-Fort Jackson
7329 Garners Ferry Road
Columbia, South CarolinaMay 16, 2012Hampton Inn & Suites
Charleston/Mt. Pleasant - Isle of Palms
1104 Isle of Palms Connector
Mount Pleasant, South CarolinaOct. 26, 2011
Insights
- Dec. 30, 2020Robinson Bradshaw Publication
- May 21, 2020Robinson Bradshaw Publication
- Aug. 12, 2019Robinson Bradshaw Publication
- Dec. 21, 2018Robinson Bradshaw Publication
- July 11, 2016Robinson Bradshaw Publication
- Jan. 5, 2015Robinson Bradshaw Publication
- Aug. 18, 2014Mecklenburg Times
- March 12, 2013Robinson Bradshaw Publication
- March 12, 2013Robinson Bradshaw Publication
- March 12, 2013Robinson Bradshaw Publication
- March 12, 2013Robinson Bradshaw Publication
- Dec. 19, 2011Robinson Bradshaw Publication
Affiliations
Professional Affiliations
- National Association of College and University Attorneys, Member
- York County Bar, Member
Community Affiliations
- Family Promise of York County, 2011-17; President, 2013-17