Daniel W. Winters, Esq.

Profile

ADR Experience and Background

  • Since 2000 Mr. Winters has served as Special Master and/or Discovery Referee in over 200 cases involving mass residential, multi-unit condominium and complex commercial construction litigation.
  • Acted as a Special Master in most of the counties in Northern California and Nevada
  • Devoted the majority of his practice in the last ten (10) years to alternative dispute resolution
  • Conducted over 500 mediations and arbitrations across a variety of practice areas, with emphasis in the following areas:
    • Construction
    • Personal Injury
    • Insurance Coverage
    • Professional Liability
    • Products Liability

Professional Experience

As a trial lawyer, Mr. Winters tried to judgment over 80 cases in State and Federal Court. In recent years, he has represented plaintiffs and defendants in attorney malpractice, products liability and personal injury actions.

Mr. Winters has been heavily involved in construction defect and toxic tort litigation, representing numerous developers, general contractors and subcontractors, both as plaintiffs and defendants.

  • 2000-present  Special Master / Mediator
    Special Master in most Northern and Central California courts
    Judge Pro Tem – San Mateo, Santa Clara and San Francisco counties
  • 1986–2012 Partner, Nagle, Krug & Winters and Winters & Krug (Burlingame)
  • 1977–1986 Partner and founding member of Coddington & Winters (Palo Alto)
  • 1972–1977 Ropers, Majeski, Kohn, Bentley & Wagner (Redwood City)

Education

  • 1969 DePauw University Bachelor of Arts, cum laude
    Attended programs at the University of Freiberg, Germany and at the London School of Economics.
  • 1972 University of Illinois JD in 1969, cum laude
    Member, The Order of the Coif

Honors and Teaching

  • Lecturer – CEB Courses
  • Lecturer – Stanford University Law School Trial Advocacy Program
  • Lecturer – USF School of Law Trial Advocacy Program
  • Lecturer – Hastings University Law School – Trial Advocacy Program
  • Super Lawyer – Dispute Resolution in 2009 and 2011

Representative Cases

Construction

  • Construction disputes involving claims of defective and substandard work as well as cross-complaints for construction contract breaches. Two parties, each claiming in excess of $800,000.
  • Claim For Recovery Of Unpaid Contract Balances: Issues of change orders, extras, delay damage and surety issues. Five parties $500,000 in issue.
  • Mass residential construction defect litigation involving 133 plaintiffs, 42 subcontractors and in excess of $15,000,000 in claims.
  • Mass construction mass residential construction defect litigation: involving 98 homeowners, 32 parties with claims in excess of $8,000,000.
  • Condominium construction claim involving over 150 units and 16 contractors and subcontractors. Claims in excess of $20,000,000.
  • Commercial construction defect litigation involving high-rise San Francisco office building involving construction contract issues and defective work with claims in excess of $7,000,000.

view all

Insurance Disputes

  • Claims by insured against additional insured carriers for payment of defense billings with claims in excess of $800,000.
  • Claims against insurance company for breach of oral contract, breach of implied covenant of good faith and fair dealing with claims in excess of $1,000,000.

Professional Liability

  • Wrongful death claims against criminal attorney for alleged failure to redact names of witnesses to a criminal conspiracy, claimed damages in excess of $2,000,000.
  • Claims of violations of federal and state discrimination standards in the employment arena: Claims in excess of $400,000.
  • Claims of failure of criminal attorney to advise client of the effects of a guilty plea on his U.S. residency status, damage claims of $400,000.

Personal Injury and Products Liability

  • Motor vehicle actions with allegations of brain injury, including loss of smell, taste and hearing. Claims in excess of $600,000.
  • Construction site accident with claims of paraplegia; damage claims in excess of $900,000.