Daniel A. Kapner

District of Columbia

Shapiro, Lifschitz & Schram, P.C.
1742 N Street NW
Washington, DC 20036
United States

Tel: 202.689.1900, ext. 3015

Email: kapner@slslaw.com
Web: www.slslaw.com

As a member of the firm’s Trial Practice, Construction Law, and Power & Energy Construction groups, Daniel A. Kapner (“Dan”) routinely advises local, regional, and national clients in various sectors of the construction industry on contract and commercial disputes, mechanics lien claims, construction defect claims, design errors and omissions, real estate and property disputes, and contract drafting. The desire to fix problems is a fundamental part of Dan’s personality and he takes pride in being considered a trusted advisor to his clients, colleagues, family, and friends. The practice of law allows Dan to fully engage, stretch his mind, and help make people’s lives better.

Dan has provided legal counsel in a variety of large and complex projects, including large-scale commercial and residential development projects, power plants, an international airport terminal, mining projects, condominiums, and hotels.

Prior to joining Shapiro, Lifschitz & Schram, Dan was an associate at an AmLaw 15 firm where he represented clients in disputes relating to engineering, procurement, and construction (EPC) projects, joint ventures, government contracts, and insurance matters. Dan also served as Special Assistant Attorney General in the Office of the Attorney General for the District of Columbia. Prior to law school, Dan worked in multiple positions for the Ministry of Foreign Affairs of the State of Israel. And in fact, in 2005-2006, Dan served as Israel’s speechwriter at the United Nations.

Named a “Rising Star” in the field of construction litigation by SuperLawyers magazine, Dan takes his service to community seriously as well. Deeply committed to performing pro bono services and on the Board of Directors as Secretary of Sulam, Dan also contributes to public service through his membership in the Rotary Club of Washington, DC.

  • The George Washington University Law School, J.D.
  • MSc, London School of Economics and Political Science, with honors
  • University of Massachusetts, B.A., 2001, summa cum laude and Phi Beta Kappa
  • ABA Construction Industry Forum
  • American Bar Association
  • Associated Builders & Contractors, Inc., Metro Washington Chapter
  • Construction Users Roundtable (Friend of CURT)
  • District of Columbia Bar Association
  • Maryland State Bar Association, Construction Law Section
  • Tips and tactics for negotiating and drafting EPC contracts for power and energy projects, Energy & Mining International, July 8, 2018
  • What Next? Key Steps Following a Structural Collapse or Other Crisis Caused by Defective Work, Construction Executive Magazine, May 23, 2018
  • The Aftermath; Hurricanes shouldn’t be the end for your projects, Construction Today Magazine, Dec\ember 2017
  • “Three Onerous Contract Provisions to Avoid,” Construction Executive magazine, October 2016
  • “Key Considerations When Choosing Arbitration, Litigation or Mediation in Construction Contracts,” Construction Executive Risk Management, January 2016
  • “Telling the Owner’s Story: The Art of Winning a Delay Claim,” The Voice magazine – CURT, November 2015
  • “Ten Best Practices for Negotiating EPC Contracts,” Construction Executive magazine, Sept. 2015
  • “Fired Up and Ready to Go,” The Voice magazine – CURT, November 2014
  • “Navigating a Contractor’s Deteriorating Financial Condition: An Owner’s Perspective,” Construction Executive Risk Management, September 2014
  • “Avoiding Double Recovery,” Construction Today, April 2014
  • “Q&A About the 2015 Amendments to the AAA Construction Rules,” Under Construction, newsletter of the ABA Forum on Construction Law, Vol. 17 No. 3, January 2015

Our full-service construction practice allows us to assist clients in avoiding disputes by meticulously drafting contract documents and quickly evaluating and resolving controversies before they escalate into litigation or other formal dispute resolution proceedings. Our construction clients appreciate our inclination to poke, prod and probe until we find the best solution for them. But when our advocacy skills are required, let’s just say that we aren’t shy about pursuing our clients’ objectives.

We represent public and private owners, developers, general contractors, construction managers, subcontractors and suppliers, sureties, design professionals in public and private projects of virtually every type. Our practice covers all aspects of construction law, including:

  • Contract drafting and negotiation, claim preparation, and dispute resolution through use of mediation, arbitration, litigation and trials
  • Preparation and negotiation of complex design and construction agreements, including EPC, design-build, “fast-track” GMP contracts, fixed price, cost plus, build-to-suit, and private venture contracts and subcontracts
  • EPC contract matters in the power and energy industries
  • Reviewing, drafting and negotiating architect, construction, construction management, design-build, government and international contracts and subcontracts
  • Assisting in establishing contract administration procedures
  • Prosecuting and defending all types of mechanics’ lien claims, payment and performance bond claims and collection claims
  • Preparing, analyzing, defending, and prosecuting virtually every type of construction claim, including differing site conditions, acceleration, changes, defective plans and specifications, construction and/or design defects, delay, disruption, labor inefficiency, suspension, and termination
  • We practice law because it’s what we love to do. Like an athlete who is “in the zone,” we lock in on the challenge and consume ourselves with overcoming it. At the end of the day, the trial itself is what differentiates our team from others—we are trial lawyers, not just litigators—and we relish the challenge. We also commit to enjoy the journey so the finish line feels even more rewarding. . .for our clients and for us.

Shapiro, Lifschitz & Schram, P.C. is a Washington, DC-based law firm with a unique flair. We apply our experience, infuse our passion, and deliver solutions for our clients in the areas of business, construction, real estate and commercial litigation. Years of practice in big firms have shaped our depth of knowledge in precise areas of law, but we’ve chosen a boutique environment for a reason: we like our clients and our clients like us, and we’ve learned that working the way they need us to translates into success for them and us. It is a realization gained from true experience.

We gain strong satisfaction from what we do, and our passion for our practice frees us to fully commit ourselves to our client’s objective. One example is our national construction practice. We are serious about construction law, but it is our enthusiasm for it, combined with our extensive experience in private sector and government contracting, dispute resolution and trial work, and international construction transactions and disputes, that elevates us to one of the top law firms in the field.

We understand that the practice of law is an art form, so we generate customized methods that lead to winning results. Our accomplished attorneys have a proven track record of success representing clients in sophisticated deals and big-ticket, complex litigation at both the trial and appellate levels, capable of employing whatever innovations are appropriate to achieve the desired result. With state-of-the-art document management and electronic discovery techniques, sophisticated graphics capabilities, and our best resource – smart lawyers and staff – we push the envelope to create client-centered solutions, close deals and win cases.

At Shapiro, Lifschitz & Schram, we are that rare breed of attorney, the type that are creative in deals and actually try cases, prefer personable relationships with clients, and know the law well enough to have fun practicing it. Whether we’re serving as outside counsel to negotiate a sophisticated business contract, trying a complex case in court, or working with a client to develop a real estate project, we work harder, longer and smarter to make our clients winners. It’s a big idea from a small firm, and it infuses our every encounter.