Michael F. Boyle

Combining his experience as general counsel for a regional engineering contractor with his long term role as a firm partner, Mike Boyle offers clients a broad based construction background with more than 30 years of experience addressing the construction industry's legal needs.

Mr. Boyle's clients have included both public and private owners; design professionals; general contractors; suppliers and subcontractors; and insurers.  The types of projects include: water and wastewater treatment; dam and water delivery; biosolid to energy conversion; geothermal power generation; a regional convention center; hi-tech research, development & manufacturing; both inpatient & outpatient medical; university laboratory and educational; as well as many other office, industrial, commercial and residential projects.

His background includes experience with project delivery methods - including design-bid-build, design-build, engineer-procure-construct ("EPC") and construction manager at risk ("CMAR").  The nature of legal matters handled stretches from the planning, initial negotiation and contract drafting through the resolution of disputes that may arise by means of mediation, arbitration and/or trial.

From 1978 through 2005 Mr. Boyle was a partner of Higgs Fletcher & Mack and served as a member of its governing partner board.  From 2006 to 2011 he served as the corporate general counsel of J. R. Filanc Construction Company, Inc.  In his role as general counsel he reported directly to the CEO and CFO of the Company, a regional general engineering contractor founded in 1952 and engaged in the construction, renovation and expansion of public and private water, wastewater and environmental facilities throughout California and the southwestern U.S.  He was responsible for the legal review of teaming, confidentiality, joint venture, general and special conditions and related contract documents for the bidding of over 80 projects with value estimated at more than $2.5 billion.  His duties included the provision of advice on corporate compliance; contract formation and modification as well as the close out of public and private projects; competitive bidding and compliance requirements; the purchase and procurement of equipment; annual financial audit, insurance and surety issues; the budgeting and management of outside legal counsel; the creation and conduct of employee education and training; and the establishment of a records information management ("RIM") program.  He rejoined Higgs Fletcher & Mack in 2011 and continues his service to clients, the industry and our community.

He has also served as an arbitrator for both the American Arbitration Association (on its large complex and construction case panels) and for the San Diego County Superior Courts.  He is a member of the American Bar Association's Forum on the Construction Industry ("Forum"), and has served as a speaker on construction and litigation related topics for the Forum, the California Continuing Education of the Bar ("CEB"), the San Diego Inn of Court, the Practicing Law Institute ("PLI") and the Construction Financial Management Association ("CFMA").

REPRESENTATIVE MATTERS

• MEDICAL - Represented inpatient facility owner in dispute with design professional concerning underestimate of structural costs and against its prime contractor to recover excess charges.
• HIGH RISE RESIDENTIAL - Represented a general contractor in dispute brought by a structural steel subcontractor for delay and disruption arising from the construction of twin 14 story urban residential towers.
• GEOTHERMAL POWER - Served as California counsel for an EPC contractor hired for designing, engineering, procuring, constructing, testing and starting of a geothermal power plant from an owner's claim that the completed plant failed to meet performance guarantees for power output.
• DAM - Represented professional civil engineering firm from differing site condition and cost overrun claims experienced by the general contractor constructing a dam spillway in the region's high country.
• WASTE WATER TREATMENT - Asserted California prompt payment statute and penalties against public owner to close out a $100 million Central Valley project where the determination of final completion and $7 million in retention were withheld.
• COMMERCIAL CENTER - Represented a North County city having dual goals of increasing its sales tax revenue and job creation through its lease of public property to a private developer to finance and build a 150,000 square foot commercial center against claims by unpaid contractors and the subsequent bankruptcy of the developer in order to place the project back on track.
• DREDGE - Represented an unpaid dredge owner/contractor by foreclosing on lien in order to "arrest" the vessel under maritime law.  Afterward, while under tow by a third party tug toward a pending project, the dredge capsized in rough seas and a claim was successfully made on behalf of the owner for recovery of the dredge's value over the insurer's defenses.
• CONTAMINATION - Secured insurance coverage for, and then represented, a metropolitan city against claims brought by the industrial gas turbine manufacturing lessee of its harbor property for contribution toward the clean up of environmental contamination alleged to have begun in the 1930s.
• CONVENTION CENTER - Represented joint venture designing 1.75 million square foot $117 million convention center from claims of professional negligence brought by construction joint venture awarded project.