David B. Applefeld

Overview

David B. Applefeld is a nationally recognized trial attorney with more than 30 years of experience. He concentrates his practice in the areas of construction law, commercial litigation, and insurance coverage disputes. Mr. Applefeld has litigated complex construction defect claims, insurance coverage claims, mechanics’ lien actions, and architectural and engineering professional negligence claims in all levels of state and federal courts, before administrative agencies, and before the American Arbitration Association.

Mr. Applefeld also represents businesses and individuals in contract disputes, partnership breakups, business dissolutions, and conspiracy, fraud, and RICO claims. Mr. Applefeld serves as national trial counsel and special litigation counsel for several contractors, developers, and commercial property owners. He has handled catastrophic personal injury claims, class action lawsuits, product liability cases, and regulatory matters.

Mr. Applefeld frequently posts, speaks, and counsels his clients on legal issues impacting the construction, real estate, and insurance industries. He has been selected by his peers for inclusion in Best Lawyers in America in both the areas of commercial litigation and construction litigation. For the past fifteen years, Mr. Applefeld has been recognized for his construction litigation practice by Maryland Super Lawyers, an annual publication of Thomson Reuters.

Representative Matters

Construction Litigation

• Represented commercial property owner in recovery against general contractor for damage to and collapse of building during excavation at an adjacent property
• Defended class action construction defect, fraud, and consumer protection lawsuit filed against a developer in U.S. District Court. The Court de-certified the class and dismissed all class claims against the developer.
• Represented a prefabricated concrete manufacturer in prosecution and settlement of insurance coverage claims arising from a parking garage collapse.
• Successfully represented the designer of a professional sports stadium against allegations of design defects. The Circuit Court for Baltimore City entered judgment in favor of the design firm and all claims were dismissed.
• Represented a custom builder in insurance coverage litigation filed in U.S. District Court. The Court entered judgment for the builder, ordered the insurance company to pay the builder all costs and attorney fees incurred in the litigation, and ordered the insurance company to provide coverage for the builder.
• Represented a developer and insurer in litigating and settling construction defect and design claims against the general contractor and designers of waterfront condominium complexes in Ocean City, Maryland.
• Successfully represented owners in claims against a custom home builder arising out of defective design and construction of a custom home in Howard County, Maryland.  The case settled prior to arbitration.
• Successfully represented owners of a newly constructed family counseling facility in claims against design professionals arising out of a defective mechanical system design and failure to design soundproofing of counseling rooms.
• Successfully represented an educational institution in the prosecution, negotiation and resolution of a builder’s risk insurance claim following catastrophic damage to its residential facility during a campus renovation project.

Commercial & Tort Litigation

• Represented a federally-insured savings institution in litigating and settling consolidated multi-million-dollar mortgage fraud, conspiracy, and RICO claims brought in U.S. District Court against mortgage brokers, title companies, and facilitators.
• Defended a pharmaceutical manufacturer in a product liability trial in U.S. District Court against defective product allegations arising from an allergic reaction. Following trial, a verdict on all claims was returned for the pharmaceutical manufacturer.
• Successfully represented recreational vehicle dealership in a “roll-over” case.
• Represented a restaurant owner and operators in a lawsuit filed by a landlord-developer in the Circuit Court for Baltimore City seeking injunctive relief for alleged violations of non-competition provisions contained in a lease. The trial court entered judgment for the restaurant owner and operators. The judgment was affirmed on appeal by the Maryland Court of Special Appeals.
• Successfully defended the broker of a multi-million-dollar international telecommunications loan in a lawsuit alleging breach of contract. The Florida state court dismissed the claim.
• Represented a valve manufacturer negotiating and resolving claims alleging product failure in a nuclear power plant.
• Successfully defended a financial institution in wrongful discharge, misrepresentation, and fraud claims brought by a former manager.  The Circuit Court for Frederick County entered judgment in favor of the financial institution at the close of the plaintiff’s case.  The judgment was affirmed on appeal by the Maryland Court of Special Appeals.
• Successfully defended private school board member in a lawsuit filed by parents alleging negligence, fraud, conspiracy, and breach of fiduciary duty. The Circuit Court for Carroll County dismissed all claims against the board member.
• Represented an alleged religious cult deprogrammer in a “test case” lawsuit filed in the U.S. District Court for the District of Maryland, challenging the FBI’s policy of not prosecuting deprogramming activities sponsored by the families of cult members.  After the Court disqualified the plaintiff’s expert witnesses as well as the plaintiff’s claims for assault, battery, false imprisonment, intentional infliction of emotional distress, and kidnapping, the case settled for an undisclosed amount.
• Successfully represented an OBGYN practice in a medical negligence action. The Circuit Court for Montgomery County entered judgment in favor of the medical practice on all claims.
• Represented a shooting victim in recovery against a handgun owner on negligence and negligent-entrustment claims.
• Following appointment by the U.S. District Court for the District of Maryland to represent an inmate on a pro bono basis in a Section 1983 excessive force case, successfully reached a six-figure settlement with Prince George’s County and several correctional officers prior to trial.

Reported Cases

• Mutual Ben. Group v. Wise M. Bolt Co., Inc., 227 F.Supp.2d 469 (D.Md. 2002)
• National Mortg. Warehouse, LLC v. Bankers First Mortg. Co., 208 F.Supp.2d 565 (D.Md. 2002)
• National Mortg. Warehouse, LLC v. Bankers First Mortg. Co., 190 F.Supp.2d 774 (D.Md. 2002)
• In re Inner City Mgmt., Inc., 304 B.R. 250 (Bankr. D. Md. 2003)

News, Insights, & Publications

Credentials

Education

• University of Baltimore School of Law, J.D., cum laude, 1990
• University of New Hampshire, B.A., 1987

Bar Admissions

• Maryland
• District of Columbia
• Colorado
• United States District Court for the District of Maryland
• United States Court of Appeals for the Fourth Circuit
• United States Supreme Court

Honors & Awards

• Listed in Best Lawyers in America for Construction Litigation, 2020-2026, and for Commercial Litigation, 2022-2026
• Listed in Maryland Super Lawyers for Construction Litigation, 2007-2026
• 2007–2009 Maryland’s Legal Elite, Smart CEO Magazine
• 2008 Smart Lawyers, Business Litigation, Smart CEO Magazine
• 2005 Outstanding Lawyers of America

Affiliations

• Member, American Bar Association: Section of Litigation (Co-Chair of the Construction Subcommittee of the Insurance Coverage Litigation Committee, 2009-2011); Tort and Insurance Practice Section (Product, General Liability and Construction Law Committee); and Forum on the Construction Industry
• Member, Maryland State Bar Association (Construction Law Section Counsel, 2014-present)
• Member, The Bar Association of Baltimore City (Judicial Selection Committee, 2004-2005)
• Member, The Baltimore County Bar Association
• Board of Directors, The Simon E. Sobeloff Law Society, 2014-2017
• Board of Directors, University of Texas at Austin, Lacrosse Advisory Board, 2016-Present
• Board of Directors, International Dyslexia Society of Maryland, 2007-2023
• President and Board of Directors FOGFB, Inc. (Friends of Gilman Football), 2015-2017
• Maryland State Liaison, Defense Research Institute Product Liability Committee, 2000

Badges

Practice Groups

Commercial Litigation
Construction & Real Estate Litigation
Insurance Coverage Disputes & Opinions