T: (949) 852-6700 vCard Irvine mgermain@wthf.com
Michael Germain is licensed to practice in the states of California and Colorado, and concentrates his practice in the area of construction where he provides a full range of litigation and business-legal counseling services to general contractors, owners, developers, and subcontractors. Mike also represents EPC contractors as well as alternative energy technology developers, manufacturers, and energy service companies.
In addition to the negotiation, drafting and legal administration of his clients' construction contracts, Mike has substantial experience and expertise in the area of complex construction contract disputes in both the public and private arenas, and has represented contractors, subcontractors and owners both locally and regionally. His practice also focuses on commercial contract business disputes. In addition, he has substantial experience in both state and federal courts and is admitted to the United States Court of Federal Claims.
Representative Experience
- Represented an engineering contractor against a municipality for unpaid changed and additional work; obtained award in arbitration in favor of client for an amount exceeding 90% of claim, including award of attorneys fees and costs.
- Represented a high-end home owner in Beverly Hills in the prosecution of a claim for multiple architectural and engineering errors and construction defects affecting client's residence; obtained in excess of $5,500,000 in settlement funds for client, an amount that exceeded the original costs for demolition of the original residence and the construction of the new home.
- Represented a high-end home owner in Nellie Gail Ranch (Laguna Hills, CA) against the architect of record in an action for professional negligence and breach of contract concerning the $2.5 million remodel of the client's residence; obtained an award in arbitration in favor of client in excess of $1,100,000 - representing a recovery of over 90% of the client's total claim.
- Member of litigation team representing an international design-build contractor against claims by its subcontractor for breach of contract and prompt payment penalties relating to the design and construction of a $900 million-plus combined cycle power plant located in Kern County, CA; following a two-and-one-half month trial, the jury denied the subcontractor's $17 million prompt payment/attorneys' fees claim, and the judgment was successfully contained within the range of the mock jury verdicts commissioned pre-trial.
- Represented general engineering paving contractor against developer's breach of contract lawsuit; settled for 10% of developer's claim.
- Represented general engineering contractor against concrete subcontractor contractor's claim for payment for work on upgrades to the runways at the San Diego International Airport; settled lawsuit at mediation for a small fraction of subcontractor's claim.
- Successful bid protests on behalf of multiple clients.
- Negotiated multi-million dollar sales contracts & long-term service agreements with PG&E, SCE and private firms on behalf of fuel cell manufacturer client.
- Preparation of annual updates to clients' standard form contracts.
Memberships and Affiliations
- Orange County Bar Association
- American Bar Association
- Forum Committee on the Construction Industry
- Forum Committee on Litigation
- Forum Division on Public Contracts
Publications and Presentations
- Presenter: Singer-Lewak Contractor's University Series Presentation Contract Negotiation Workshop, June 2008.
- Author: "Analysis of Selected Revisions to the American Institute of Architects A201-1997 General Conditions," From the Ground Up, Summer 1999, West Coast Update.
- Guest Speaker: American Society of Civil Engineers - Forensic Engineering Technical Group, March 1998.
