David C. Olson
David is a member of Frost Brown Todd LLC and practices with the litigation department. He received his B.A. degree, cum laude, from Williams College in Williamstown, Massachusetts in 1971 and his J.D. degree from The Ohio State University Law School in 1978, and joined the firm immediately after graduation.
In the past 38 years, he has represented numerous clients in the construction industry, including contractors and sureties. He also handles complex commercial litigation for clients in state and federal courts, including several class actions. During the years he has been with the firm, he represented as lead counsel telecommunications clients confronting class actions in Kentucky and Indiana raising state and federal anti-trust and consumer fraud issues. He has also handled two price fixing class actions, one in Ohio and the other in Kentucky in the medical insurance area. He also was co-lead counsel in three actions filed on behalf of employers in Kentucky to recover damages arising from the assessment of more than $90,000,000 due to the short fall in a self-funded workers compensation program.
He represented a client from Louisiana in a dispute with an reinsurance carrier concerning the loss of insurance coverage resulting in serious economic harm to the client. The case was mediated to a successful conclusion.
He has in the past and currently represents national surety companies in disputes in Indiana, Kentucky, Tennessee and Ohio regarding multiple defaults on projects involving roads, bridges, waste water treatment plants, hospitals and other commercial buildings. Those cases have required assistance to the sureties in defending claims of default, negotiating take-over agreements, securing remaining contract funds and the pursuit of indemnity claims.
He has spoken in New York, Connecticut, Massachusetts, Kentucky, California, South Carolina, New Mexico, and Ohio on various issues regarding litigation strategy, discovery, suretyship issues and construction disputes. His presentations have been to the ABA’s Fidelity and Surety Law Committee, the Surety Claims Institute, the National Association of Credit Management, the Construction Financial Management Association, the National Business Institute and the Ohio Legal Center. In his tenure with the Firm, he served a three year term on the Executive Committee and between 2001 and 2007 was the Vice-Chair of the litigation department. He has represented clients in matters pending in Ohio, Kentucky, New York, Tennessee, Indiana and West Virginia. David was recognized by his peers for selection in The Best Lawyers in America®.
He has served as a Vice Chair of the ABA;s Fidelity and Surety Law Committee for many years and was Chair of the Committee in the 2013-14. While with the Committee he has contributed as an author or co-author of several publications of the FSLC as stated below.
David is active in the community. He served as General Counsel to Ohio Swimming, Inc. for more then 10 years, as a Member of the Volunteer Lawyers for the Poor Foundation for many years, as a Board Member and Treasurer of the FreeStore FoodBank, as a Board Member of the FreeStore FoodBanks Foundation, and as a Trustee and current President of the Little Miami Joint Fire and Rescue District.
Highlights & Recognitions
- The Best Lawyers in America® "Lawyer of the Year," Litigation - Construction 2013
- The Best Lawyers in America® 2005-2016
- Selected for inclusion in Ohio Super Lawyers® 2008
- AV® Rated, Martindale-Hubbell®
Memberships & Affiliations
- American Bar Association, Torts and Insurance Section; Fidelity and Surety Committee; Vice Chairman, 2000-2005; Member, Law Committee, 2003- present
- Ohio State Bar Association
Recent Blog Posts
- Federal Court in Florida Allows Obligee to Pursue Claim Under Payment Bond and to Offset Funds Payable on Bonded Project Against Unbonded Obligations
- Ohio Courts Reject Legal Basis for Surety Bad Faith Claims by Principals, Obligees, and - Potentially - Claimants
- Public Funding Does Not Necessarily Trigger Application of Ohio Prevailing Wage Law
- ALP: Who "owns" a telephone number for the business?
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2016
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America® 2015
- 172 Frost Brown Todd Attorneys Recognized in 2014 Best Lawyers®
- 17 Frost Brown Todd Attorneys Named 2013 “Lawyers of the Year”
- 167 Frost Brown Todd Attorneys Recognized in 2013 Best Lawyers®
- David C. Olson Named Chair-Elect Designee of the American Bar Association Fidelity and Surety Law Committee
- 150 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2012 Edition
- 145 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2011 Edition
- Frost Brown Todd Attorneys Receive Recognition in 2010 Super Lawyers® Corporate Counsel Edition
Civic & Charitable Organizations
- Freestore Foodbank
- Little Miami Joint Fire and Rescue
- VLP Foundation
Non-FBT Publications and Events
Chapter 138, “Introduction to Suretyship,” in Appleman on Insurance with T. Pennington and M. J. Pethick and S. Morris, 2015
Chapter 13, “The Surety v. General Creditors and Judgment Creditors,” The Contract Surety’s Subrogation Rights, with S. Morris, ABA Fidelity and Surety Law Committee, 2013
Chapter 11, “Fringe Benefit Bonds,” The Law of Commercial Surety and Miscellaneous Bonds, with A. Albrecht and P. Haffner, ABA Fidelity and Surety Law Committee, 2012
Law of Performance Bonds, 2nd Edition
Co-author of chapter on Extra-Contractual Liability, ABA Fidelity and Surety Law Committee, 2009
Chapter VI, “The Surety’s Enforcement of its Rights to Collateral from the Principal and the Indemnitors,” The Surety’s Indemnity Agreement, 2nd Ed., with S. Briglia and M. Pipkin, ABA Fidelity and Surety Law Committee, 2008
"Analyzing and Negotiating Construction Disputes",
a chapter in Negotiating Construction Law Disputes, Aspatore Books, 2008
Welcome to the 21st Century New Federal Rules on E-Discovery
ABA, FSLC, January 2007
Section on Ohio Law, Payment Bond Manual, ABA Fidelity and Surety Law Committee, 2006
Discovery in the Electronic Age
Surety Claims Institute, June 2006
"South Carolina Rejects Claim under Commercial General Liability Policy for Defective Work" FSLC Newsletter, 2005
"Back to Basics, Contract Surety Claims Handling," Connecticut, Fidelity and Surety Law Committee, 2004
CGL/Builder’s Risk Monograph, Co-Editor, Tort Trial & Insurance Practice Section, ABA, 2004
Electronic Discovery Issues
Lorman Education, 2004
Wading Into the Swamp of Electronic Discovery
Surety Claims Institute, 2004
Taking and Defending Effective Depositions in Ohio
Lorman Education, 2002-2004
"Predicting When Construction Contracts are Subject to Article 2 of the UCC,"
The Construction Lawyer, Winter 2001
"Application of the UCC to Construction Contracts," San Francisco, CA, Fidelity and Surety Law Committee, January 2001
"Insuring Projects with Fragmented Design Responsibilities," Fidelity and Surety Law Committee, January 2000 moderator