Managing Partner/Owner

Education

  • B.A. in History, Queens College (1985)
  • J.D., Emory University School of Law (1988)

Memberships

  • Atlanta Bar Association
  • Georgia Bar Association
  • The Lawyer’s Club

David is a principal partner in Merbaum & Becker, PC and prides himself on the fact that his firm has grown over the years strictly based on word of mouth and referrals.

David is originally from Jamaica, New York and moved to Georgia in 1985 to attend Emory University School of Law, where he graduated in 1988. David worked for a small construction litigation firm for 8 years before starting his own practice, which has grown and expanded over the years. David handles cases involving construction disputes, including lien and bond claims, homeowner issues with contractors, landlord/tenant issues, neighbor trespass and nuisance claims and commercial collections. David is admitted to all Georgia State Courts, all Federal Courts in the State of Georgia, and the United States Supreme Court.

David has handled many trials and arbitration proceedings over the years. He is a big advocate for alternative dispute resolution, realizing the cost, and time, and the uncertainty of taking a case to trial.

David has been involved in a number of important appellate cases in Georgia including cases relating to the waiver of a pay when pay clause, voluntary payments, and lien and bond rights.

David has spoken at several trade seminars where he has spoken on lien  and bond claims and collections.

David has been married to his wife Michele since 1986 and has two adult children who both reside in the Atlanta area. In his spare time, David likes to play sports, hang out in the sun, read and travel.

Representative Cases

  • SierraCraft, Inc. v T.D. Farrell Construction Company – Obtained a ruling that confirms that a material supplier has both lien and bond rights on private works projects  where a bond is posted.
  • Fidelity & Deposit Co. v Lafarge Bldg. Materials – Successfully argued that the failure to include a phone number in a Notice of Commencement is not a fatal defect relieving a second tier party from providing a Notice to Contractor.
  • Vakilzadeh Enter. V Housing Authority of Dekalb County – Confirmed that no lien rights exist against public property projects.
  • Energy & Process Corp. v Dally – Voluntary Payment Doctrine did not preclude a buyer from recovery of payments made when the Seller subsequently breached the executory contract.
  • Classic Commercial Services v Baldwin – Dismissal of suit against Defendant was improper because at the time the lawsuit was filed, Defendant was a resident of Georgia and was subject to the jurisdiction of the Court.