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Email: mschoenfeld@murphyaustin.com
Telephone: 916-446-2300 X3089

Mike Schoenfeld is a partner and head of the firm's Construction Law Team which consists of seven full time partners and associates. Mike's practice actively involves all aspects of the construction industry, from drafting and negotiating of contract language, licensing issues, 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. 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 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.

Areas of Practice

Construction Law, Dispute Resolution, Contracts

Representative Experience

• 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 pubic 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 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.

Mediation Experience

Mike has successfully acted as a mediator on more than fifty matters. Virtually all of the cases have concerned the construction industry, with many involving multiple parties (up to 19) involving delay, disruption, and extra work claims, as well as alleged defects and/or deficiencies in performance. Insurance coverage frequently is an issue which is at stake in many of the matters. 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 100 mediations and successfully negotiated several takeover agreements with sureties related to general contractor and subcontractor defaults.

Law Firm Experience

• Monteleone & McCrory (Los Angeles) (1981 - 1984) - Associate involved with construction law matters.
• Thelen, Marrin, Johnson & Bridges (San Francisco) (1984 - 1988) - Associate involved with construction law matters.
• Diepenbrock, Wulff, Plant & Hannegan, LLP (Sacramento) (1988 - 1998) - Associate through 1992; Partner thereafter; all efforts concerned construction law and litigation.
• Murphy Austin Adams Schoenfeld LLP (Sacramento) (1999 - Current) - Partner involved in construction law matters.

Memberships

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

Community Activities

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

Education

Hastings College of Law
J.D., 1981

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

 

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