Cases
Experience: Representative Matters: Tower 180 Owner, LLC v. Sundt Construction, Inc.
associated subcontractor suits,
private arbitration. Represented the developer of a 25-story high renovation in California for six years until a global settlement was reached. The representation began during the project when the building was shut down by the authority having jurisdiction related to claims that asbestos had not been properly contained
the building was shut down by the authority having jurisdiction. The representation included defending citations
fines issued to the owner, advice in completing the project
planning for the eventual litigation after the project was completed. The fines proposed by the authority were significant
were eventually settled. The principal claims against the contractor
subcontractors were for clean up
additional costs of construction which were also settled.
Confidential Arbitration Contractor Client adv. Private Owner. Represented a long-time construction contractor client of the firm in a wrongful termination case that was decided in a final arbitration hearing. The contractor had been terminated based upon a claim of failing to comply with the schedule. Principal issues in the case were the adequacy of the architect's design, the architect's failures in construction administration, changes,
failure of the owner to follow the requirements of the contract in terminating the contractor.
PCL Construction Services, Inc. v. Monarch Growth, Inc. et. al. Michael was a member of the team of lawyers representing an owner of a casino against the contractor for a $250 million new high-rise hotel tower
casino renovation. The matter tried over 6 weeks in a bench trial.
Confidential Arbitration City Government (airport operator) adv. General Contractor. Represented the owner of the airport in a dispute with its contractor over the construction of a parking facility
administration building that was decided in a final arbitration hearing. The contractor claimed contract changes of approximately $4.5 million
an extension of time.
Rodriguez v. HDR Engineering, Inc. Lead trial counsel in a four week jury trial obtaining a defense verdict for a company performing construction engineering
inspection work. The claim was related to alleged soil settlement
defective inspection of earth work
structures on a water transmission pipeline project in the Florida Keys. Wide-ranging work related to examining
presenting at trial the various design st
ards, the requirements of the plans
specifications, the interpretation of the design requirements,
the respective project duties of the designer, contractor, inspector
maintenance contractor.
CityCenter Construction
Lien Master Litigation. Represented the Owner against the general contractor
lienors on the multibillion dollar CityCenter project in Las Vegas. Focused on the structural engineering aspects of the construction defects
claimed design defects related to the Harmon Tower. Worked closely with the owner's retained experts related to the investigation
development of testing protocols
expert reports. Deep investigation into the facts surrounding the conceptual design, design development
design
structural analysis performed by the structural engineer. Investigation
fact
expert development of the requirements of earthquake engineering including methods of structural analysis, building code requirements,
development
changes to the building codes for earthquake resistance requirements. Analysis of the reinforced concrete fabrication
construction techniques for the earthquake resistant features of the building.
CalOSHA v. TTM. Represented at final hearing a manufacturer of electronic components for a citation from CalOSHA related to employee injury at its manufacturing plant.
Secretary of Labor v. Post Buckley Schuh
Jernigan, Inc. Lead trial counsel defending an engineering services company in an OSHA citation related to a fatality on a jobsite in Texas.
Secretary of Labor v. DeWitt Excavating, Inc. Lead trial counsel representing an underground
utility contractor in a contest of OSHA citation related to trenching for a utility installation project.
Residences at Ocean Gr
e, Inc. v. Executive Drywall, US Gypsum, et. al. Represented the developer of a high-rise condominium related to claims of defective drywall
mold issues.
Represented a major tobacco company in numerous cases in state courts throughout Florida as a result of the Florida Supreme Court's decertification of a class of plaintiffs, in its decision in Engle v. Liggett Group, Inc., 845 So. 2d 1246 (Fla. 2006), seeking damages for injuries allegedly caused by smoking cigarettes.
Acted as member of team that represented MAT Concessionaire, LLC
its sponsors, Meridiam Infrastructure Fund
Bouygues Travaux Publics, S.A., in the Port of Miami Tunnel project, one of the first greenfield public-private partnerships in the United States.
Smith & Company v. FDOT, 2 cases, Hern
o County, Hillsborough County. Acted as second chair trial counsel for the Florida Department of Transportation for two cases that were tried to a jury. In the first, FDOT obtained an eve-of-trial summary judgment on the contractor's claim for over $10 million. In the second, FDOT obtained a jury verdict, defeating the contractor's claims for lost profit due to impaired bonding capacity
a measured mile claim, totaling over $40 million with interest exposure.
Secretary of Labor v. Bridges Hauling & Grading, Inc. Lead trial counsel in contest of OSHA citation resulting in verdict for an underground utility
site work contractor on some of the items related to the excavation st
ard
a subsequent award of attorney's fees pursuant to the Equal Access to Justice Act.
Secretary of Labor v. Davis Brothers Construction Co. Lead trial counsel in contest of OSHA citation for a shell contractor related to the fall protection st
ard resulting in verdict for the contractor at trial.
Hillsborough County School Board v. M.C
L.R. on behalf of M.C v. Hillsborough County School Board. Acted as pro bono lead trial counsel
finding for the defense in an administrative proceeding pursuant to the Individuals with Disabilities Education Act. Acted as lead counsel in subsequent federal court Action to recover attorney's fees
costs which were awarded totaling over $122,000.
Noteworthy Experience: LTJG, U.S. Naval Reserve, 1986-1989
Professional Engineer, Florida
