Attorney Profile

D. Michael Schoenfeld

Michael Schoenfeld

Murphy Austin Adams Schoenfeld LLP
304 'S' Street, PO Box 1319
Sacramento, CA 95812

Sacramento

California (CA)

Contact Contact D. Michael Schoenfeld
T: 916-446-2300
F: 916-329-3090

Visit: www.murphyaustin.com
Practice Areas: Construction Litigation (80%), Alternative Dispute Resolution (20%)

Construction Litigation

Alternative Dispute Resolution

Profile

Mike Schoenfeld is a partner and head of the firm's Construction Law Team. Mike's practice actively involves all aspects of the construction industry, both federal and state, from drafting and negotiating of contract language, licensing issues, bid protests, consultation during construction and through dispute resolution. Mike's clients include public and private owners, general contractors, subcontractors, suppliers, architects, engineers, construction managers and consultants. Matters frequently involve issues concerning delay, loss of productivity, liens, sureties, and other aspects calling for analysis and strategy. Mike has a particular interest and expertise in ADR processes, both as an advocate as well as an active mediator and arbitrator. In addition to his active practice, Mike is a member of the Sacramento and California Bar Associations and the Public Contract Law Section of American Bar Association. He serves as a member of the Legal Advisory and Legislative Committees of Association of General Contractors of California, and regularly drafts and/or comments upon legislation concerning the construction industry and testifies regarding same before the California legislature. He is a former member of the American Arbitration Association (AAA) Panel of Arbitrators and Mediators, AAA's Sacramento Advisory Committee, and Trainer of Future AAA Panel of Arbitrators and the AAA's Sacramento Advisory Committee. Mike is listed in the 2007 through 2012 editions of The Best Lawyers in America and in the 2007 through 2011 editions of Northern California Super Lawyers.  Mike earned his B.A. from the University of California at Davis in 1978, and his J.D. from Hastings College of the Law in 1981.

Selected To

Northern California Super Lawyers 2011
Northern California Super Lawyers 2010
Northern California Super Lawyers 2009
Northern California Super Lawyers 2008
Northern California Super Lawyers 2007

About Michael Schoenfeld

Admitted: 1981, California

Professional Webpage: www.murphyaustin.com/attorney_bios_d_michael_schoenfeld.html

Special Licenses/Certifications:

  • State Bar of California; American Bar Association; Public Contract Law Section; AGC Legislative and Legal Advisory Committee; Sacramento County Bar Association, Construction Law Section

Pro bono/Community Service:

  • AGC Legislative and Legal Advisory Committee; Building Committee of Congregation in Sacramento

Verdicts and Settlements:

  • Mike has successfully acted as a mediator on more than 100 matters. Virtually all of the cases have concerned the construction industry, with many involving multiple parties (up to 24) involving delay, disruption, and extra work claims, as well as alleged defects and/or deficiencies in performance. As an advocate, virtually all of the matters for which Mike is retained as counsel resolve themselves through the mediation process. Overall, Mike has participated in well over 300 mediations and successfully negotiated several takeover agreements with sureties related to general contractor and subcontractor defaults.

Representative Clients:

  • Counsel for a California metropolitan port district regarding $230 million worth of construction projects increasing the size and infrastructure of a large California airport. Consulted extensively during projects. Lead counsel in resolving more than $40 million worth of construction and design-related claims on multiple projects. / Counsel for a major state university system arising from the construction of the Residence Halls, Unit V project at one of its southern California campuses. Claims by the contractor and its subcontractors exceeded $13,000,000 and claims by the client exceeded $3,000,000. Thirty parties were involved in this matter which was successfully negotiated to a settlement. / Counsel for a medium-sized California city concerning the construction of its expanded waste water treatment plant.  Project was 20 months overdue when contractor ceased performance.  Litigation involving $28 million worth of claims by both parties proceeded up to week before trial, following up to 100 days of depositions, including experts, as well as comprehensive trial preparation.  Case settled, and client then had our firm pursue claim against design team members which was successfully negotiated without litigation. / Counsel for a national building contractor and its subcontractors before the General Services Board of Contract Appeals arising from the construction of the U.S. Courthouse and Federal Office Building in San Jose, California. Trial of 92 claims valued at more than $5,000,000 lasted 40 days and prepared a 543 page post-hearing brief. / Counsel for a large California city relating to expansion of its waste water treatment plant. A claim of almost $10 million was successfully mediated resulting in payment of pennies on the dollar. / Counsel for a public pension fund on the 550,000 square foot/$300 million expansion of its headquarters. Responsibilities include consultation during construction activities to mitigate/minimize/avoid claims and promote project completion.  Projects successfully completed and resolution of construction claims occurred without litigation.  Claims against design team members were assessed. / Counsel for a major state university system arising from the construction of a large and complicated science building on one of its northern California campuses. Claims asserted by the prime contractor and its subcontractors exceeded $12,000,000 and the matter was successfully and beneficially settled by the client. / Counsel for charter city engaged to prepare and negotiate design-build contract for $200 million new pipeline and water treatment project. / Counsel for national building contractor, and its subcontractors against Pacific Gas & Electric Company arising from the construction of the PG&E Training Center, a thirteen building project located in San Ramon, California. Claims asserted in the litigation exceeded $5,000,000 and were settled just before trial. / Counsel for California-based oil company defending against claims asserted by contractor and subcontractor arising from remediation of a Superfund site adjacent to San Francisco Bay. Claims asserted exceed $6,000,000 and were settled in mediation. / Counsel for a regional residential developer regarding the existence of defective ABS pipe installed in up to 470 residences. Claims exceeded $25,000,000. Claims were successfully negotiated with client incurring no expense and having all costs paid back. /Counsel for a southern California city on claims against designer exceeding $7,000,000 and door and frames contractors exceeding $1,000,000 on a new performing arts center complex. Disputes were resolved through mediation with our client fully paid for all damages, costs and fees.

Educational Background:

  • University of California, Davis, B.A., 1978, Political Science
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