Dan McMillan's practice focuses on complex commercial, business, and construction litigation and transactions. As a leader in Jones Day'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 served on the executive board of the Los Angeles Economic Development Corporation, taught appellate advocacy as an adjunct professor at Loyola Law School, 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).
Dan was recognized by Best Lawyers in America as the 2023 Lawyer of the Year, Los Angeles for Construction Litigation.
Experience
Additional Publications
- February 2023
Construction Contracts and Alternative Dispute Resolution: Choosing the Right Shoe Size and Style, The Practical Lawyer (ALI Feb. 2023) - November 22, 2022
Goodbye Saint Agnes, Daily Journal (Nov. 10, 2022) - August 8, 2024
Stipulated-Sum Contracts – Owner’s Considerations, Construction Checklists: A Guide to Frequently Encountered Construction Issues (ABA Publishing 2022) - May 12, 2022
General Conditions – Owner’s Considerations, Construction Checklists: A Guide to Frequently Encountered Construction Issues (ABA Publishing 2022) - March 25, 2022
Drafting Dispute Review Board Provisions, Construction Checklists: A Guide to Frequently Encountered Construction Issues (ABA Publishing 2022) - February 15, 2022
Drafting Mediation and Arbitration Clauses, Construction Checklists: A Guide to Frequently Encountered Construction Issues (ABA Publishing 2022) - July 7, 2021
Forum Selection Clauses: Waiver of the Right to Remove and Related Drafting Pitfalls, The Practical Real Estate Lawyer, 29-36 (July 2021) - January 2021
Construction Projects and Disputes in the COVID-19 World: A Look Beyond the Lockdown, The Practical Real Estate Lawyer (ALI Jan. 2021) - December 2019
Use of Drones on Construction Projects: Legal and Contractual Considerations, Under Construction, ABA Forum on Construction Law - January 2018
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 - 2017
State and Local Construction Projects: An Attorney's Handbook (D. McMillan ed., ABA Publishing 2017 [a 760 page treatise]) - 2017
Private Rights of Action for Procurement Violations, in State and Local Construction Projects: An Attorney's Handbook, ABA 2017 - 2017
Public v. Private Projects in State and Local Construction Projects: An Attorney's Handbook, ABA 2017 - 2017
Prequalification of Contractors by State and Local Agencies, in State and Local Construction Projects: An Attorney's Handbook, ABA 2017 - 2017
Public Records Acts and the Construction Industry, in State and Local Construction Projects: An Attorney's Handbook, ABA 2017 - 2017
Municipal Bankruptcy and State and Local Public Works Projects, in State and Local Construction Projects: An Attorney's Handbook, ABA 2017 - 2017
Licensing Laws: Traps for Unwary Contractors and Subcontractors in Construction Law Update, Wolters Kluwer 2017 - Spring 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 - Summer 2016
Unshrouding the Mysteries of Builder's Risk Insurance, Part 1: The Basics and Beyond, The Construction Lawyer, Vol. 36, ABA Forum on Construction Law - January 31, 2013
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 - 2008
Drafting Dispute Review Board Provisions, Construction Checklists: A Guide To Frequently Encountered Construction Issues (ABA Publishing 2008) - 2008
Stipulated Sum Contracts -- Owner's Considerations, Construction Checklists: A Guide To Frequently Encountered Construction Issues (ABA Publishing 2008) - 2008
General Conditions -- Owner's Considerations, Construction Checklists: A Guide To Frequently Encountered Construction Issues (ABA Publishing 2008) - May 2006
Price Escalation and Financial Hardship Clauses: Contractual Approaches to Dealing With Hyperinflationary Market Conditions, Chapter 1 in 2006 Construction Law Update (Aspen 2006) - December 2005
Hardship Clauses in Fixed Price Construction Contracts, coauthor, Construction Law SuperConference - 2004
Federal and State False Claims Act and Public Construction Projects, Chapter 23, Construction Business Handbook, 683-742 (Aspen 2004) - December 2003
Hot Tip: Summary of California Appellate Court’s Decision Regarding Dispute Review Boards, ABA Hot Tip - 2000
An Owner's Guide to Avoiding the Pitfalls of Disputes Review Boards, 27 Transp. L. J. 181-203 - 1987
City Sanctuary Resolutions: Much Ado About Nothing, 20 Loy. L.A. L. Rev. 513
Additional Speaking Engagements
- July 24, 2024
Complex Construction Disputes: Blueprints for Success in Multi-Party Mediation, ABA Webinar - May 21, 2024
Anti-SLAPP Issues in Construction Law - March 21, 2024
Termination Disputes: Look Before You Leap - January 24, 2024
State and Federal Public Records Act Requests: What Every Construction Lawyer Should Know - January 24, 2024
Hot Topics in Construction Law - January 24, 2024
Termination Disputes: Look Before You Leap - November 29, 2023
Managing Risks on Energy Projects, Construction Super Conference - January 25, 2023
Hot Topics in Construction Law - January 25, 2023
Alternative Dispute Resolution and Construction Disputes: Finding the Right Fit - February 25, 2023
Limitations of Liability: From the Conference Room to the Courtroom - September 29, 2022
COVID and the Construction Industry: An Update - April 29, 2021
Managing Design & Construction Risk in the COVID-19 Environment, The Seminar Group, Panelist - April 29, 2021
Ethical Considerations for Attorneys in the Construction Industry given Changing Circumstances, Panelist - April 29, 2021
California Construction Law Seminar, The Seminar Group, Co-Chair - April 29, 2021
California and Federal Construction Case Law Update, The Seminar Group, Moderator - January 28, 2021
Hot Topics in Construction Law 2021, Jones Day MCLE University - January 28, 2021
Steering Public and Private Projects Through the COVID-19 Pandemic - December 3, 2020
Ethical Considerations: TV Lawyers “Do’s and Don’ts” - October 28, 2020
Selected Construction Law Issues - June 25, 2020
Major Construction Projects: Tips For Avoiding Common Owner Mistakes During A Pandemic - May 7, 2020
Steering Major Projects Through The COVID-19 Pandemic/Invoking & Responding To Force Majeure Notices - March 13, 2020
Ethical Considerations: A Long List of TV Lawyers “Do’s and Don’ts”, Seminar Group - March 12-13, 2020
California Construction Law, Seminar Group, Co-Chair, Seminar Group - March 12, 2020
Forensic Scheduling and Delay Analysis, Seminar Group - January 30, 2020
Hot Topics in Construction Law, Jones Day MCLE University - January 30, 2020
Insurance Coverage: Who Pays When Construction Project Claims Arise? - January 30, 2020
Managing Construction Risks: Drafting, Negotiation, and Enforcement of Contractual Limitations of Liability - January 30, 2020
The Legal and Regulatory Landscape in the Era of Trump and Implications for the Ethical Practice of Law - March 6, 2019
California Contractor Licensing Law, The Seminar Group - March 6-7, 2019
California Construction Law, co-chair, The Seminar Group - January 31, 2019
TV Lawyers and Legal Ethics: A Long List of Don’t Dos - January 31, 2019
Hot Topics in Construction Law: 2019 - January 31, 2019
Mediation of Construction Disputes: Dos and Don’ts - December 13, 2018
New Technologies in Construction and its Forensic Application, panelist, Construction SuperConference - March 15, 2018
Key Clauses in Construction Contracts, The Seminar Group - January 31, 2018
Top 10 Contentious Construction Clauses: Competing Perspectives, Jones Day MCLE University - January 31, 2018
Hot Topics in Construction Law, Jones Day MCLE University - January 31, 2018
Deconstructing Construction Coverage: What on Earth Do Construction Policies Cover, and How to Maximize Coverage?, Jones Day MCLE University - January 25, 2017
The Tangible Benefits of Proactive Anti-Corruption Compliance for the Construction Industry - January 25, 2017
Hot Topics in Construction Law for 2017 - January 25, 2017
News Flash: The Ethics of Crisis Management and Public Relations - January 25, 2017
Believe It or Not: Real-World Examples of False or Inflated Change Orders and Claims - November 15, 2016
Games Contractors Play: How Contractors Overstate Claims and Changes - October 24, 2016
Games Contractors Play: How Contractors Overstate Claims and Changes - September 26, 2016
Scheduling Issues, Project Delays & Delay-Related Damages - July 25, 2016
Major Construction Projects: Tips For Avoiding Common Owner Mistakes - January 27, 2016
Cybersecurity and the Construction Industry: Keeping Up With the Sprint to Digital Protection - January 27, 2016
Hot Topics in Construction Law - January 27, 2016
Liability Caps, Waivers of Consequential Damages and Anti-Indemnity Limitations: Contract Drafting Challenges - December 14, 2015
Major Construction Projects: Tips For Avoiding Common Owner Mistakes - December 14, 2015
Forensic Scheduling & Delay-Related Damages - June 17, 2015
Contract Drafting Challenges: Liability Caps; Anti-Indemnity Limitations; and Government Contractor Flowdown Requirements - January 22, 2015
Ethical Blind Spots -- Top-Rated Lawyer Shows on Television Score Poorly on Legal Ethics, Jones Day MCLE University - January 22, 2015
Hot Topics in Construction Law, Jones Day MCLE University - January 22, 2015
Protecting Against Default: Surety Bonds v. Subcontractor Default Insurance, Jones Day MCLE University - January 17, 2015
Ethical Issues in Construction Litigation: Lesson for Lawyers, Project Personnel and Outside Experts, Construction CPM Conference - January 17, 2015
Trials & Tribulation: How to be an Effective Expert Witness and Mock Jury Trial, Construction CPM Conference - January 14, 2015
Major Construction Projects: How to Avoid Common Mistakes - July 24, 2014
Major Construction Projects: Tips For Avoiding Common Owner Mistakes - June 30, 2014
Major Construction Projects: Tips For Avoiding Common Owner Mistakes - June 27, 2014
Major Construction Projects: Tips For Avoiding Common Owner Mistakes - June 23, 2014
Major Construction Projects: Tips For Avoiding Common Owner Mistakes - February 11, 2014
Building A Better Pipeline: Key Legal, Liability, Insurance, and Regulatory Issues to Consider in Pipeline Construction Projects - January 24, 2014
What Municipal and Public Entity Bankruptcies Mean for the Construction Industry - January 24, 2014
Hot Topics in Construction Law - January 22, 2014
Hot Topics in Construction Law - January 22, 2014
What Municipal and Public Entity Bankruptcies Mean for the Construction Industry - November 2, 2013
Dispute Review Boards: A New Frontier? 25th Annual Conference of the Southern California Mediation Association, Pepperdine Law School - January 31, 2013
Mock Trial - Direct and Cross Examination of the Damages Expert, Winter Meeting of the ABA Forum on the Construction Industry - January 24, 2013
State and Federal Public Record Act Requests: What You Don't Know Might Hurt You!, Jones Day MCLE University - January 24, 2013
Hot Topics in Construction Law, Jones Day MCLE University - January 24, 2013
Real-World Ethical Dilemmas: Contrasts in Perspectives Between In-House and Outside Counsel - December 19, 2012
Performance and Payment Bonds: The Basics and Beyond - January 31, 2012 and
February 1, 2012
Construction Law Update - January 26, 2012
Hot Topics In Construction Law, Jones Day MCLE University - January 12, 2012
Termination of Construction Contracts: Pitfalls and Traps - September 23, 2011
Ethics in Today's World of DRBs, DRBF 15th Annual Meeting & Conference - May 2, 2011
Mock Trial 2011: Hasty Construction v. Dauphin Resorts, Project Management Institute, College of Scheduling, 8th Annual Conference - January 27, 2011
Termination of Construction Contracts: Pitfalls and Traps, Jones Day MCLE University - January 27, 2011
Labor and Employment Law Considerations That May Impact The Success Of Your Construction Project, Jones Day MCLE University - September 23, 2010
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 - January 28, 2010
Hot Topics in Construction Law: California's E-Discovery Act; and Green Building Update Jones Day MCLE University - January 28, 2010
Bankruptcy Law and the Construction Industry: What Every Lawyer Should Know in This Economic Climate, moderator, MCLE University - January 28, 2010
The Ideal Form of Dispute Resolution: In Search of the Holy Grail, Jones Day MCLE University - May 20, 2009
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 - January 29, 2009
New Contract Forms and New Forms of Project Delivery: From Consensus Docs to Integrated Project Delivery, Jones Day MCLE University - January 29, 2009
Depression: Coping With Economic Downturns and Price Volatility in Construction Contracts, Jones Day MCLE University - January 29, 2009
Hot Topics in Construction Law, Jones Day MCLE University - December 10, 2008
When Good Projects Go Bad - November 18, 2008
Did You Notice Me? 25th Annual Primavera User Conference - May 6, 2008
Shootout at the OK Corral: Mock Trial Parts I-II, Project Management Institute, 5th Annual College of Scheduling Conference - January 24, 2008
California False Claims Act and the Construction Industry: The First 20 Years - January 24, 2008
Termination of Construction Contracts by the Owner or the Contractor - January 24, 2008
Hot Topics in California Construction Law - December 14, 2007
Breaking Up Is Hard To Do: Termination of Contracts by the Owner or the Contractor - November 8, 2007
Sticks & Bricks, moderator, ABA Forum on the Construction Industry - September 19, 2007
For Every Wrong There is a Remedy, Except as Provided Herein: Limitations on Remedies and Damages - September 19, 2007
Breaking Up Is Hard To Do: Termination of Contracts By Owners and Contractors - September 19, 2007
Key Construction Contract Provisions - September 19, 2007
The ABC’s of DRBs and Other Selected Issues from the World of ADR - April 17, 2007
Mock Jury Trial (Parts I - II): Hailey Burton Cartwright Construction v. Macaw Casino, panelist, Project Management Institute: College of Scheduling - January 25, 2007
Key Contract Provisions In Public Construction Contracts: The Competing Perspectives of Owners, Design Professionals and Contractors, JD MCLE University - January 25, 2007
Hot Topics in Public Construction Law, JD MCLE University - January 25, 2007
Breaking Up is Hard to Do: Termination of a Public Contract by the Owner or the Contractor, JD MCLE University - December 8, 2006
Top Ten Contractual Life Preservers for Owners, Contractors, and Designers, Construction Law SuperConference - May 19, 2006
Disclose, Disclose, Disclose – How Much Disclosure is Necessary for the Arbitrator, panelist, ABA forum on the construction industry, 2005 Annual Meeting - January 26, 2006
California’s Public Records Act: Special Challenges Faced by Public Agencies When Litigation is Imminent or Pending, moderator, JD MCLE University - January 26, 2006
What Your Mother Never Told You About the California and Federal False Claims Acts, JD MCLE University - January 26, 2006
Hot Topics in Public Construction and Procurement Law, moderator, JD MCLE University - December 8, 2005
Hardship Events and Construction Management: Allocating and Managing Risk in Light of Lessons Learned from the Spike in Steel Prices, Construction Law SuperConference - November 15, 2005
Shootout at the OK Corral: Mock Trial of Construction Dispute, panelist, Annual Primavera User Conference - April 7, 2005
Construction Claims Under the Threat of a False Claims Act Violation, ABA Forum on the Construction Industry 2005 Annual Meeting - December 9, 2004
False Claims and Fraud – Beyond the Basics, panelist, Construction Law SuperConference - October 22, 2004
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 - October 5, 2004
Construction Schedulers: Surviving the Deposition Experience (Parts I and II), panelist, Primavera Annual Conference - December 12, 2003
Alternative Project Delivery – The Good, Bad, and Ugly, panelist, Construction Law SuperConference - May 16-17, 2003
National Institute of Trial Advocacy Law and Motions Seminar, faculty member - February 21, 2003
False Claims and the Criminalization of Construction Law, copresenter, Annual Meeting of the American College of Construction Lawyers - December 12, 2002
False Claims and Fraud – Beyond the Basics, panelist, Construction Law SuperConference - October 22, 2002
Truth or Consequences: The Examination and Cross-Examination of a Scheduling Expert, panelist, Primavera Annual Conference - December 13, 2001
Construction War Stories and Timely Tips, panelist, Construction Law SuperConference - August 23-24, 2001
Construction Management II, National Institute For Corporate Real Estate, faculty member - July 30-31, 2001
Construction Management I, National Institute For Corporate Real Estate, faculty member - September 27, 2000
National Institute of Trial Advocacy Deposition Seminar, faculty member - June 7, 2000
Litigation of Construction Disputes: What Every Contract Administrator Should Know, sponsored by Los Angeles County Counsel's Office - April 27-29, 2000
National Institute of Trial Advocacy Deposition Seminar, faculty member - December 9, 1999
The Empire Strikes Back or Even Owners Can Survive, panelist, Construction Law SuperConference - June 14, 1999
Public Works Contracts And The False Claims Act, sponsored by Los Angeles County Counsel’s Office - Fall 1997
Introduction to Appellate Advocacy, Adjunct Professor of Law, Loyola Law School - Fall 1996
Introduction to Appellate Advocacy, Adjunct Professor of Law, Loyola Law School - Fall 1995
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
- University of Southern California (LL.M in Alternative Dispute Resolution 2024; Dean's Academic Excellence Award); 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)
- California
Chambers USA, Construction (California), Band 1 (2018-present)
Best Lawyers in America, Construction (2019-present)
National Law Journal, "Real Estate/Construction Trailblazer" (inaugural list 2020)
Daily Journal, "Top 100 Lawyers in California" (2019)
Legal 500 US, Leading Lawyer, Real Estate/Construction (2019-present)
BTI Client Service All-Star (2019)
Who's Who Legal, "Construction Thought Leader" (2020)
Southern California Super Lawyers (multiple years through present)
Los Angeles Business Journal, "Leaders of Influence: Litigators & Trial Attorneys" (2021 and 2024)
Law360 MVP (2021)
- Law Clerk to Chief Judge Charles Clark, United States Court of Appeals, Fifth Circuit (1987 term)