San Francisco
California

San Francisco CALIFORNIA

  • Address:
    • 275 Battery Street, Suite 1300
      San Francisco California, 94111
  • Phone:
    • 415.394.6688
  • Schedule:
    • Law Firm:

    ABOUT Daniel F. McLennon

    Daniel F. McLennon is a Partner in the San Francisco office of Smith, Currie. He has been in private practice since 1986, following a yearlong judicial clerkship with Justice Bill Cannon of the 14th District Court of Appeals in Houston. Before joining Smith Currie, he was Managing Partner of McLennon Law Corporation, which merged with Smith Currie in January 2016. Mr. McLennon’s legal career has focused on cases litigated in the state and federal courts in California, representing defendants and plaintiffs, alike. He has resolved hundreds of cases through mediation, arbitration and trial, and he has been awarded Martindale-Hubbell’s “AV” rating, the highest rating in legal ability and ethics as established by confidential opinions of members of the Bar. Dan has been recognized as a Northern California Construction “Super Lawyer” for the last several years. His trials include those lasting one day to more than a month.

    Mr. McLennon represents public entities, general contractors, subcontractors, suppliers, premises owners, manufacturers, professionals, corporations, and individuals. He practices in the areas of commercial and construction litigation. This includes prosecution and defense of cases in the specific subject areas of disciplinary proceedings, mechanic’s liens and stop notices, partnership disputes, payment issues under construction contracts, including acceleration and delay claims, bond claims, commercial landlord-tenant disputes, construction defect actions, contract disputes, indemnity among contractors, insurance bad faith, unfair business practices, and business torts. He has a passion for making insurance companies live up to their promises.

    In addition to his trial experience, Mr. McLennon has prosecuted and defended numerous appeals, including four cases resulting in opinions published in the law books in the State of California. Mr. McLennon frequently serves as a mediator or arbitrator for the courts of San Francisco and Marin Counties. He enjoys writing and speaking. His writing includes the editing of a 600-plus-page treatise, numerous articles for associations, and legal newsletters.

    Mr. McLennon has been married to Nancy McLennon since 1982, and they have two daughters. He is active in his church and enjoys golfing, mountain bike riding, hiking, and camping.

    Experience

    •Apartment Builder Payment Claim
    •Apartment Building Fire Loss in California
    •Commercial Building Nightclub Eviction in California
    •Commercial Condominium Nuisance Claim in California
    •Commercial China Town Building in San Francisco, California
    •Community College Administrative Building Subcontractor Performance Claim in California
    •Computer Parts Supplier Claim in California
    •Estate Fire Loss in California
    •Federal Office Building Remodel in California
    •High Rise Condominium Union Trust Benefits Claim in California
    •High-End Residential Contractor Insurance Coverage Claim
    •Home Construction Serious and Willful Claim in California
    •Hospital New Construction in California
    •Hospital Remodel Delay and Change Order Claims in California
    •Hotel Builder's Insurance Claim in California
    •Luxury Resort Defect Claim in California
    •Multi-Story Apartment Building Framing Contractor Claims
    •Multi-Story Shopping Mall Tenant Improvements
    •Office Building New Construction in California
    •Oil Refinery Contractor's Union Benefits Claims in California
    •Public Swim Facility Indemnity Claim in California
    •Residential Construction Class Action Defense in California
    •Residential Contractor Payment Claim in California
    •Restaurant Tenant Improvements Payment and Defects Claim
    •San Francisco International Airport
    •School Project Subcontractor Payment Claim in California
    •Shopping Mall ADA Claim in California
    •University New Construction in California
    •Utility High Voltage Power Lines Death Case in California
    •Office Building New Construction in California

    Articles & Publications

    •“Five Dream Clauses Worth Fighting for When Negotiating Subcontracts, ” The Contractor’s Compass, February 2017
    •“The Story of a Hapless General Contractor Who Thought He Was Using Licensed Subcontractors, ” California Constructor, May/June 2015
    •“ASA Attorneys’ Council Examines Terms and Conditions of Textura’s Construction Payment Management System, The Contractor’s Compass, May 2015
    •“Disarming a Dozen Dangerous Subcontract Clauses - Part 3 ,” The Contractor’s Compass, May 2015
    •“Disarming a Dozen Dangerous Subcontract Clauses - Part 2,The Contractor’s Compass, April 2015
    •“Disarming a Dozen Dangerous Subcontract Clauses - Part 1, ” The Contractor’s Compass, March 2015
    •“5 Tips to Reduce Stress in Remodeling, Marin Home Magazine, Spring 2013
    • “Avoiding Dangerous Gaps Between Contracts and Insurance, The Contractor’s Compass, p. 9 (Fourth Quarter, 2011) (authored with M. Sherman), republished in California Constructor. Page 13 (May/June 2012)
    •Numerous Law Notes providing updates on recent statutes and cases impacting the construction industry.
    Avoiding Unintended Liability for Design, Common Sense Contract Law (August 8, 2017)
    California Contractors Beware: New California Public Works Claims Resolution Process Raises Concerns and Traps for the Unwary, Common Sense Contract Law (November 14, 2016)
    California Court of Appeal Confirms the Power of Subcontractors' Bid Conditions, Common Sense Contract Law (October 17, 2016)

    Presentations

    •“Tools to Ensure You Get Paid: Liens, Stop Notices, and Bond Claims”, Client In-House Training, December 8, 2015
    •“Insurance and Risk Management”, Client In-House Training, October 21, 2015
    •“Daily Reports - Essential Case Evidence”, Client In-House Training, October 7, 2015
    •“Daily Reports - Essential Case Evidence”, Client In-House Training, September 9, 2015
    •“Contractors’ Right to Insurer-Paid, Independent Counsel”, Marin Bar Association, Construction Section, March 19, 2015
    •“MLC Subcontract Workshop”, McLennon Law Corporation Offices, January 13, 2015
    •“MLC Home Improvement Workshop”, McLennon Law Corporation Offices, January 7, 2015
    •“Tools to Ensure You Get Paid”, Client In-House Workshop, June 13, 2014
    •“Home Improvement Contract Workshop”, Marin Builders Association, March 19, 2014
    •“Conditioning Your Bid and Key Contract Terms”, National Electrical Contractors Association, Northern CA Chapter, March 12, 2014
    •“MLC Subcontract Workshop”, McLennon Law Corporation Offices, February 3, 2014
    •“Conditioning Your Bid and Key Contract Terms”, American Subcontractors’ Association, Bay Area Chapter, January 28, 2014
    •“MLC Subcontract Workshop”, McLennon Law Corporation Offices, November 13, 2013
    •“Home Improvement Contract Workshop”, McLennon Law Corporation Offices, October 2, 2013
    •“Home Improvement Contract Workshop”, McLennon Law Corporation Offices, August 21, 2013
    •“Mechanic’s Lien Law Changes for 2012”, Client In-House Training, August 8, 2013
    •“Home Improvement Contract Workshop”, Marin Builders’ Association, June 11, 2013
    •“Mechanic’s Lien Law Changes for 2012”, San Francisco Electrical Contractors’ Association, March 27, 2013
    •“Understanding Construction Contract Clauses”, National Electrical Contractors Association, Northern CA Chapter, May 23, 2012
    •“SB 474, No More Type I Indemnity in California, effective 1.1.13, Client In-House Training, December 7, 2011
    •Smith Currie Academy - Understanding and Drafting Construction Subcontracts (Session 6 - Claims, Dispute Resolution and Termination) - November 6, 2019 - San Francisco, CA
    •Smith Currie Academy - Understanding and Drafting Construction Subcontracts (Session 4 - Change Orders) - October 9, 2019 - San Francisco, CA
    •Smith Currie Academy - Understanding and Drafting Construction Subcontracts (Session 1 - Contract Types and Scope of Work) - August 28, 2019 - San Francisco, CA
    •Smith Currie Academy - Understanding and Drafting Construction Subcontracts - San Francisco, CA
    •California Prompt Payment Laws - May 16, 2019
    •Smith Currie Academy - Understanding and Drafting Construction Contracts (Session 6 - Claims, Dispute Resolution, and Termination) - May 8, 2019 - San Francisco, CA
    •Smith Currie Academy - Understanding and Drafting Construction Contracts (Session 5 - Risk Shifting and Subcontractual Relations) - April 24, 2019 - San Francisco, CA
    •Smith Currie Academy - Understanding and Drafting Construction Contracts (Session 3 - Schedule) - March 27, 2019 - San Francisco, CA
    •Gaining Negotiation Leverage Through Bid Condition - March 19, 2019 - Petaluma, CA
    •Smith Currie Academy - Understanding and Drafting Construction Contracts - San Francisco, CA
    •Home Improvement Contract Workshop - January 22, 2019 - San Rafael, CA
    •Master Subcontract Workshop - January 8, 2019 - San Rafael, CA
    •Blasted Insurance Requirements! - January 9, 2019 - San Francisco, CA
    •Subcontractor Concerns About Wrap Insurance and Recent Statutory Protections - November 14, 2018 - San Francisco, CA
    •Negotiating Fair Risk Transfer: Indemnities, Insurance, and Bonds - October 11, 2018 - San Francisco, CA
    •Law & Libations Summer Series - (Part 3) Finding Insurance Coverage Even When You Thought You Were Out Of Luck- August 23, 2018 - San Francisco, CA
    •Insurance Wrap-Ups - Uncovering Traps for the Unwary - July 17, 2018 - Santa Rosa, CA
    •Master Subcontract Workshop - May 24, 2018 - San Francisco, CA
    •Collection Tools & Tips - May 22, 2018 - San Francisco, CA
    •Law and Libations - May 8, 2018 - San Francisco, CA (Understanding ADR Process in Standard Form Contracts)
    •Home Improvement Contract Workshop - April 18, 2018 - San Francisco, CA
    •MBA Education & Training Series - Master Subcontract Workshop - January 23, 2018 - San Rafael, CA
    •New California Laws Affecting Contractors in 2018 - January 17, 2018 - Pleasanton, CA
    •MBA Education & Training Series - Home Improvement Contract Workshop - January 16, 2018 - San Rafael, CA
    •Uninsured Risk in Design Build Contracts - September 29, 2017 - La Jolla, CA
    •AB 626 Legal Webinar - August 24, 2017
    •MBA Education & Training Series - Master Subcontract Workshop - August 9, 2017 - San Rafael, CA
    •MBA Education & Training Series - Home Improvement Contract Workshop - August 2, 2017 - San Rafael, CA
    •Basic Commercial Prime Contract Workshop - April 20, 2017 - San Francisco, CA
    •Elevating the Standard of Care in Design-Build Projects - New Day Underwriting Managers - March 7, 2017 - Webinar
    • WHAT Did I just Sign? Blasted Insurance Requirements! - February 7, 2017 - San Franciso, CA
    •Recent Trends in the Standard of Care for the Design of Design-Build Projects - AGC Annual Risk Management Conference - January 31, 2017 - Naples, FL
    •MBA Legal Education Series - Builder's Risk Insurance - January 4, 2017 - San Rafael, CA
    •MBA Legal Education Series - Collection Tools and Tips - December 7, 2016 - San Rafael, CA
    •MBA Legal Education Series - Basic Commercial Prime Contract Workshop - November 2, 2016 - San Rafael, CA
    •MBA Legal Education Series - Master Subcontract Workshop - October 5, 2016 - San Rafael, CA
    •MBA Legal Education Series - Home Improvement Contract Workshop - September 7, 2016 - San Rafael, CA
    •ASA Webinar Series - Sleeper Clauses: Contract Clauses That'll Make You Lose Sleep at Night - August 9, 2016
    •Builder's Risk Insurance Presentation for ASA Bay Area Chapter - May 17, 2016 - San Francisco, CA
    •Contract Workshop for NECA - February 3, 2016 - Dublin, CA
    •Prompt Pay and Collection Tools (NECA Presentation) - January 28, 2016 - San Francisco, CA
    •Builder's Risk Insurance Presentation for AGC California - January 20, 2016 - San Francisco, CA
    •Key Builder's Risk Insurance Issues for Construction Lawyers - November 10, 2015 - Associated General Contractors of California Legal Advisory Committee
    •Protecting Your Company from the Risks of Controlled Insurance Programs - October 20, 2015 - American Subcontractors Association, Bay Area Chapter
    •Lobbying AB 1347, AB 1315, and AB 846 & Prelude to 2016 Legislative Session - April 21, 2015 - California Subcontractors Legislative Conference
    •Contractors' Right to Insurer-Paid, Independent Counsel - March 19, 2015 - Marin Bar Association, Construction Section
    •Apartment-to-Condominiums Risks and Protections - March 18, 2015 - American Subcontractors Association, Bay Area Chapter
    •New Laws That Affect Contractors Starting January 1, 2015 - March 4, 2015 - National Electrical Contractors Association, Northern CA Chapter
    •Conditioning Your Bid and Key Contract Terms - November 12, 2014 - National Electrical Contractors Association, Northern CA Chapter
    •Liability of a Corporate Entity Upon Completion of a Project - October 21, 2014 - Axis Construction Conference
    •Lobbying AB 1705 and AB 2471 & Prelude to 2015 Legislative Session - April 2, 2014 - California Subcontractors Legislative Conference
    •Conditioning Your Bid and Key Contract Terms - March 12, 2014 - National Electrical Contractors Association, Northern CA Chapter
    •Conditioning Your Bid and Key Contract Terms - January 28, 2014 - American Subcontractors Association, Bay Area Chapter

    Clerkship

    Law Clerk for Hon. Bill Cannon, Texas Court of Appeals, 1984-1985

    Honors and Awards

    •Selected Super Lawyer, Construction Litigation, 2013-2019

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    Areas of LAW

    • Alternative Dispute Resolution
    • Commercial Litigation
    • Construction Law
    • Lien Protection and Avoidance
    • Litigation
    • Surety Bonds & Insurance

    Finding a Lawyer Should Be Simple


    When an accident or any form of injustice is suffered, obtaining an attorney quickly is critical to ensuring a positive outcome for your case – and that’s exactly what we’re here to help you with. USAttorneys.com is your one-stop-shop to find any kind of lawyer you might need to assist you with your legal matters. We’ve got you covered, whether you are seeking an accident attorney following a car crash, medical malpractice attorney after losing a loved one during surgery, or a tax attorney to fight back against the IRS.

    Finding a Lawyer Should Be Simple


    When an accident or any form of injustice is suffered, obtaining an attorney quickly is critical to ensuring a positive outcome for your case – and that’s exactly what we’re here to help you with. USAttorneys.com is your one-stop-shop to find any kind of lawyer you might need to assist you with your legal matters. We’ve got you covered, whether you are seeking an accident attorney following a car crash, medical malpractice attorney after losing a loved one during surgery, or a tax attorney to fight back against the IRS.