Michael is a Director in the Construction/Surety and Litigation sections of Coats Rose. He has been practicing law for approximately sixteen years. Prior to joining Coats Rose in 1999, he worked at Vinson & Elkins L.L.P. Michael's practice includes all aspects of construction law, as well as general commercial litigation.
Michael’s practice concentrates on the representation of owners, general contractors, subcontractors and others in the construction industry. He assists his clients through all stages of construction projects, including: preparing drafts, negotiating and preparing construction contracts, helping to avoid and resolve disputes during projects, and litigating disputes subsequent to project completion. Michael has tried lawsuits to verdict in state and federal courts, both in Texas and out of state. In addition, he has tried a number of domestic and international arbitrations.
Texas A & M University (B.B.A., 1985)
University of Texas (J.D., 1990)
1990, Texas
U.S. District Court, Southern and Eastern Districts of Texas
U.S. Court of Appeals, Fifth Circuit
American Bar Association
State Bar of Texas (Construction Section)
Houston Bar Association
Texas Law Review Order of the Coif
London Court of International Arbitration, Member
- Representing EPC contractor in dispute with owner regarding delay and extra work claims regarding two power plants located in former Soviet Union. The amount in dispute exceeds 75 million Euros.
- Represented technology owner in action involving contract and fraud claims by transferee under a technology transfer agreement and breach of contract claims under a licensing agreement for a separate technology. English and Indian law governed various claims. Successfully stayed district court action (in which claimant sought $580 million) and compelled arbitration of claims against all parties (including non-signatories) before the International Chamber of Commerce. Obtained a take-nothing award as against transferee’s claims, and obtained an approximately $2.5 million affirmative award against transferee.
- Represented Chilean company/owner against claims for breach of contract and for payment of additional contractor fee asserted by general contractor regarding construction of chemical production facility. Obtained a take-nothing award in favor of client.
- Represented Chilean company/owner of chemical production facility against claims asserted for breach of operating agreement by operator. Obtained favorable award for client.
Domestic Arbitrations Tried to Award:
- Represented general contractor and MEP subcontractor in defense of approximately $1.5 million in breach of contract and wrongful termination claims brought by insulation subcontractor. Obtained an award dismissing the subcontractor’s claim and obtained an affirmative recovery on behalf of client for approximately $600,000.
- Represented EPC contractor against breach of contract, acceleration, fraud and other claims by erection subcontractor. Asserted counterclaim for breach of contract. Obtained a $5.5 million award on behalf of EPC contractor. Successfully defended appeal/attempt to vacate award.
- Represented general contractor in arbitration, pursuing claims against municipality pursuing claims for out of scope work. Obtained affirmative award for client.
State and Federal Trials to Verdict/Judgment:
- Represented Program Managing Contractor in several week trial (Colorado State district court) against approximately $13 million in breach of contract and differing site conditions claims brought by demolition/excavation subcontractor. Obtained favorable judgment for client including a take-nothing judgment dismissing subcontractor’s $11 million differing site conditions claim.
- Represented Construction Manager in 9 day trial with excavation subcontractor and numerous lower tier subcontractors and suppliers. Obtained summary judgments dismissing trust fund and payment bond claims in advance of trial, and obtained favorable verdict and judgment on contract claims.
- Represented owner in ten day federal court trial against general contractor’s claims in excess of $40 million relating to construction of petrochemical facility. Disputes involved claims for breach of contract and fraud. Resolved the matter during appeal process.
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