Selected for inclusion in "Chambers"
Selected for inclusion in "Best Lawyers in America"
Distinguished Service Award for The Pro Bono Project
J.D., magna cum laude, Order of the Coif, Tulane University Law School (1982); Tulane Law Review
Master of Arts, University of Tubingen, Germany (1979)
B.A., cum laude, Tulane University (1976)
Bar and Court Admissions
U.S. District Courts for the Eastern, Middle, and Western Districts of Louisiana
U.S. District Courts for the Western and Southern Districts of Texas
U.S. Court of Appeals for the Fifth Circuit
Federal Court of Claims
Ranked by Chambers among the top construction attorneys in the region, David Krebs represents some of the country's largest corporations in major litigation matters.
Among other things, David is particularly known for his deep experience in construction and surety law. A leader in the community, David was Chair of The Pro Bono Project in the wake of Hurricane Katrina. In that role, he guided The Pro Bono Project in providing key legal assistance to individuals in a highly challenging environment.
- American Electric Power Co., Inc. v. Affiliated FM Ins. Co., U.S. Court of Appeals for the Fifth Circuit, No. 07-31061
The firm successfully represented an insurer in connection with litigation brought by American Electric Power Company, defeating a $20 million claim for employee theft coverage.
- Enron Creditors Recovery Corp. v. St. Paul Fire & Marine Ins. Co., U.S. District Court for the Southern District of Texas, No. H-06-3905
The firm successfully defended a major insurer in complex litigation concerning a $20 million claim asserted by the Enron Corporation.
- Fidelity & Deposit Co. of Md. vs. Ralph McKnight & Sons Constr., Supreme Court of Mississippi, No. 2009-CA-00446-SCT
The firm successfully represented a major surety in an indemnity action against its bond principal for expenses incurred in connection with a construction defect claim by the owner of the project. Ultimately, the firm obtained summary judgment for the surety in the amount of $475,000.00.
- First National Ins. Co. of America v. Laredo, U.S. District Court for the Southern District of Texas, No. 5:09-cv-115
On behalf of its client, a major national surety, the firm successfully negotiated a settlement with the City of Laredo which resulted in the filing of a consent judgment declaring that the surety's obligations under the bond were discharged and that any claims the City of Laredo may have against the bond were null and void.
- Greaves-Walker, Inc. d/b/a Gleem Color & Design v. Perini Corp., In the Circuit Court of Mobile County, Alabama, Case No. CV05-0379
The firm successfully defended a contractor in Alabama state court against claims involving faulty tile and waterproofing in an Alabama mental hospital. The case was favorably resolved for the firm's client on the morning of trial via a confidential settlement in mediation.
- Hitachi America, Ltd. v. Steadfast Ins. Co., U.S. District Court for the Southern District of New York, No. 09-08045
The firm successfully defended an insurer against an action brought in a New York federal court under two policies involving claimed damages of $300 million arising from an alleged default on a major Midwest industrial construction project.
- Jackson County Port Authority v. Jesco Constr. Corp., Circuit Court of Jackson County, Mississippi, No. CI-2000-00084(2)
The firm successfully defended a major surety in a Mississippi state court case involving a public contract with a local port authority. The matter was favorably resolved for the firm's client in a confidential mediation.
- Lambeth House, Inc. v. Liberty Restoration Group, LLC, et al. U.S. District Court, Eastern District of Louisiana, No. 07-608 c/w 08-4967
The firm brought a successful claim on behalf of Lambeth House, a residential and assisted living facility in New Orleans, Louisiana. Lambeth House obtained a sham bond on a construction project on which the contractor defaulted. Following a three day jury trial, the firm obtained a verdict for Lambeth House in the amount of $2,712,967 and, after post-trial briefing, an award of attorneys' fees and costs of $414,647.63.
- Lighthouse Condominium Association v. Fidelity & Deposit Co. of Md., In the Circuit Court of Baldwin County, Alabama, No. CV-2009-900403.00
The firm successfully defended a major surety against a $1.5 million claim by asserting that the claim was barred by the doctrine of res judicata. This resulted in an immediate dismissal of the claim with prejudice.
- Peoples Bank of the South v. BancInsure, Inc., U.S. District Court for the Southern District of Mississippi, No. 3:09CV217TSL-FKB
The firm obtained summary judgment in favor of its client, a fidelity bond carrier, absolving the carrier of bad faith in connection with a claim of over $1 million.
- Shores of Panama v. Safeco Ins. Co., U.S. District Court for the Southern District of Alabama, No. CV-07-00602
In this performance bond litigation, the firm successfully represented the surety based on a number of defenses, including wrongful termination and failure to follow the terms of the bond.
- Snyder Langston, L.P. v. Balboa Bay Club, Inc., Superior Court of California for the County of Orange, Consolidated Cases: 03CC14023
In this coverage action, the firm successfully defended a major insurer against competing claims arising from the construction of the Balboa Bay Club & Resort in Newport Beach, California.
- Thos. S. Byrne, Ltd. v. Seal Craft Corp., 17th Judicial District Court of Tarrant County, Texas, No. 017-233504-08
In connection with the construction of a mixed-use commercial and residential project in Fort Worth, Texas, the firm obtained a jury verdict exonerating a window manufacturer and installer and its surety following a two week jury trial in Fort Worth, Texas.
- Travelers Casualty & Surety Co. of America v. University Facilities, Inc., U.S. District Court for the Eastern District of Louisiana, No. 2:10-cv-1682
The firm saved its client, a major national surety, significant defense costs by winning a motion for summary judgment holding that all claims against the surety were time-barred.
- Turner Constr. Co. v. Box or Container Automation, Inc., 2006-77786, 80th Judicial District Court of Harris County, Texas, No. 2006-77786
The firm obtained a judgment in favor of Turner Construction, an international construction firm, in a dispute with a surety concerning the default of a subcontractor.
OTHER REPRESENTATIVE CASES
Seals v. Herzing, Inc., 482 Fed. Appx. 893 (5th Cir. 2012).
Gross v. RSJ International, LLC, No. 11-73, 2012 U.S. Dist. LEXIS 29138 (E.D. La. Mar. 6, 2012).
Travelers Casualty & Surety Company of America v. University Facilities, Inc., Nos. 10-1682, 10-2082, 10-2077, 2011 U.S. Dist. LEXIS 7609 (E.D. La. Jan. 20, 2011).
Mendoza v. Essential Quality Constr., Inc., 691 F. Supp. 2d 680 (E.D. La. 2010).
Copeland’s Cheesecake Bistro of Bossier City, LLC v. Great American Ins. Co., No. 08-1679, 2010 U.S. Dist. LEXIS 64407 (W.D. La. June 24, 2010).
Gad v. Granberry, 09-476 (La. App. 3 Cir. 02/03/10); 30 So. 3d 265.
3901 Ridgelake Drive, LLC v. Fidelity & Deposit Co. of Md., No. 09-147, 2009 U.S. Dist. LEXIS 46341 (E.D. La. May 15, 2009).
Bernhard Mechanical Contractors, Inc. v. St. Paul Cos., No. 07-30905, 2008 U.S. App. LEXIS 17195 (5th Cir. 2008).
Broadmoor Anderson v. XL Reinsurance Am. Inc., 264 Fed. Appx. 390 (5th Cir. 2008).
St. Stephen’s Missionary Baptist Church v. Taylor, No. 05-294, 2008 U.S. Dist. LEXIS 66296 (E.D. La. Aug. 27, 2008).
U.S. Fidelity & Guaranty Co. v. L. Habetz Builders, Inc., No. 06-895, 2008 U.S. Dist. LEXIS 29985 (W.D. La. Mar. 28, 2008).
Great American Ins. Co. v. Eugene McLain Constr. Co., Inc., No. 07-881, 2008 U.S. Dist. LEXIS 13994 (W.D. La. Feb. 23, 2008).
United Disaster Response, LLC v. Omni Pinnacle, LLC, 511 F.3d 476 (5th Cir. 2007).
First Guaranty Bank v. BancInsure, Inc., No. 06-3497, 2007 U.S. Dist. LEXIS 39150 (E.D. La. May 25, 2007).
National American Ins. Co. v. Win-Con Enterprises, Inc., No. 05-5517, 2007 U.S. Dist. LEXIS 1686 (E.D. La. Jan. 8, 2007).
Victor P. Bonura Enterprises, Inc. v. Ceres Environmental Services, Inc., 06-7433, 2007 WL 54818 (E.D. La. Jan. 04, 2007).
In re Jazzland, Inc., No. 05-30426, 2006 WL 151907 (5th Cir. 2006).
National American Ins. Co. v. Win-Con Enterprises, Inc., 05-5517, 2006 WL 3733790 (E.D. La. Dec. 14, 2006).
Broadmoor/Roy Anderson Corp. v. XL Reinsurance Am., Inc., 02-0703, 2006 WL 2873473 (W.D. La. Oct. 04, 2006).
Fidelity & Deposit Company of Md. v. F.D. Shay Contractor, Inc., No. 05-197, 2006 WL 149035 (W.D. La. Jan. 18, 2006).
Martin Marietta Materials of La., Inc. v. U.S. Fidelity & Guaranty Co., 41,280 (La. App. 2 Cir. 9/27/06), 940 So. 2d 152.
LaCour’s Drapery Co., Inc. v. Brunt Constr., Inc., 2005-1352 (La. App. 1 Cir. 6/28/06), 939 So. 2d 424.
Lopez v. Ceres Environmental Services, Inc., 06-0045, 2006 WL 851403 (E.D. La. 3/30/06).
Craig v. City of New Orleans Board of Zoning Adjustments, No. 2004-1709 (La. App. 4th Cir. May 4, 2005), 903 So. 2d 530.
Botanica Property Partners, LLC. v. Hodges Constr. Co., Inc., 04-1086 (La. App. 5th Cir. Feb. 15, 2005), 897 So. 2d 756.
Pine Bluff Sand & Gravel Co., Inc. v. La. Cowboy Town, LLC, No. 2004-1048, 2004 WL 3203610 (La. App. 3rd Cir. Dec. 8, 2004).
Koerner v. Garden District Association, No. 03-30346, 2003 WL 22427955 (5th Cir. Oct. 24, 2003).
United Rentals Highway Technologies, Inc. v. St. Paul Surety, 37,265 (La. App. 2nd Cir. Aug. 20, 2003), 852 So. 2d 1200.
Additional representative cases that David has handled include:
Performance Bond Manual, Louisiana, (Am. Bar. Assoc. 2006).
David J. Krebs & Diane L. Matthews, Annotated Financial Institution Bond, Chp. 5 Sec. 5 -- General Agreement (E) -- Joint Insured; Chp. 6 Sec. 4 -- Limit of Liability (Am. Bar Assoc. 2004).
David J. Krebs & Diane L. Matthews, Judicial Rescission of Fidelity Coverage, The Fidelity Law Journal, Vol. VII (October, 2001).
Recent Developments in Fidelity and Surety Law, Tort & Insurance Law Journal, Vol. 33, No. 2 (Winter 1998).
Does a Surety Have to Issue a Performance Bond for a Contractor After Furnishing a Bid Bond? (Steven Strawbridge & Larry Lerner, Editors)(ABA Monograph 1998).
Events & Speaking Engagements
Presenter, Representing the Surety, Litigating the Multi-party Construction Defect Case, sponsored by the LSU Law Center and the LSBA Section on Fidelity, Surety and Construction Law (2007).
Presenter, Troubling Aspects of Recent Decision Interpreting Paragraph 6 of the A312 Payment Bond, (co-authored by David J. Krebs & Marc L. Domres), Gulfcoast Fidelity & Surety Institute (2007).
Presenter, Protection of Contract Balances in the Hands of Federal Owners, Gulfcoast Fidelity & Surety Institute (2006).
Presenter, Construction Delay Claims in Mississippi, Lorman Education Services Seminar (2006).
Presenter, Unique Aspects of Toxic Mold Litigation Involving Public Building, (co-authored by David J. Krebs & Marc L. Domres), Mealey's Construction Defect Mold Litigation Conference (2005).
Presenter, A Primer on the Surety's Role on Private Construction Projects in Louisiana, LSBA Annual Meeting (2004).
Presenter, Fidelity Law Update, Gulfcoast Fidelity & Surety Institute (2004).
Presenter, Surety Defenses: Failure to Disclose, Misrepresentation and Material Changes, ABA Midwinter Meeting, Fidelity and Surety Law Committee Tort Trial & Insurance Practice Section (2004).
Presenter, How to Make Overpayment, Impairment and Modification of Contract Terms Work for You in a Construction Default, ABA Midwinter Meeting, Fidelity and Surety Law Committee Tort Trial & Insurance Practice Section (2004).
Presenter, Recent Developments in Surety Law, 14th Annual Southern Surety and Fidelity Claims Conference (2003).
Presenter, Investigation of Fidelity Claims and Development of Relevant Facts, ABA Midwinter Meeting, Fidelity and Surety Law Committee Tort Trial & Insurance Practice Section (2002).
Presenter, Good Experts, Bad Experts, No Experts at All, Fidelity and Surety Trial Practice Seminar, International Association of Defense Counsel (2001).
Presenter, Recent Developments in Fidelity Law, (co-authored by David J. Krebs & Diane L. Matthews), 11th Annual Southern Surety and Fidelity Claims Conference (2000).
Presenter, Sureties' Equitable Remedies: The Writ of Quia Timet and Injunctive Relief, 9th Annual Southern Surety and Fidelity Claims Conference (1998).
Presenter, Sureties' Equitable Remedies: The Writs of Exoneration and Quia Timet, Midyear Meeting of the International Association of Defense Counsel (1998).
Presenter, Surety Law Update, 8th Annual Southern Surety and Fidelity Claims Conference (1997).
Presenter, Enforceability of General Lien Waivers, (co-authored by David J. Krebs & Krystil B. Cook), 7th Annual Southern Surety and Fidelity Claims Conference (1996).
Presenter, A Primer of the Surety's Rights Against Its Principal's CGL Carrier, 6th Annual Southern Surety and Fidelity Claims Conference (1995).
Presenter, Recent Developments in Surety Law, Surety Claims Institute (1994).
Presenter, Fidelity Law Update, (co-authored by David J. Krebs & Diane L. Matthews), 5th Annual Southern Surety and Fidelity Claims Conference (1994).
Presenter, Recent Developments in Surety Law, Surety Claims Institute (1992).
Presenter, A Primer on the Surety's Rights Against Its Principal's CGL Carrier, 3rd Annual Southern Surety and Fidelity Claims Conference (1992).
Presenter, Acceleration, Delays, and Other Contract Interferences, LSBA Construction Law for Louisiana Attorneys seminar (1984).
- On the Tenth Anniversary of Hurricane Katrina, Krebs Farley is remembered for its efforts to restore the historic New Orleans neighborhood of Treme.August 2015
- Krebs Farley’s founding partners selected by their peers for inclusion in The Best Lawyers in America© 2015August 2014The Best Lawyers in America© 2015
- Chambers and Partners 2013 again ranked Krebs Farley as Band 1 for its expertise in construction and surety law2013Chambers and Partners USA
Professional and Civic Activities
American Bar Association, Tort Trial & Insurance Practice Section (Chair, 2009-10)
Federal Bar Association
Louisiana State Bar Association
Texas State Bar Association
New Orleans Bar Association
Forum Committee on Construction Law
International Association of Defense Counsel (Chairman, Surety Trial Practice Seminar Committee, 2003-05; Chairman, Fidelity and Surety Committee, 2002)
Louisiana Association of Defense Counsel
The Pro Bono Project (First Vice Chair, Board of Directors; Chairman, 2005-06)
Qatar's Treme/Laffitte Corridor Revitalization Project