Construction Lawyer Houston, Litigator - J. Michael Schiff
Michael Schiff’s practice focuses on both construction litigation and alternative dispute resolution, in which he represents general contractors, subcontractors, suppliers and owners in a variety of construction related disputes, as well as labor and employment litigation.
Areas of Practice
- Construction
- Labor and Employment
- Commercial Litigation
Bar and Court Admissions
- State Bar of Texas
- U.S. District Court, Southern District of Texas
Representative Experience
- Extensive experience both defending and litigating mechanic and materialman’s liens for vendors, subcontractors and general contractors under applicable Texas law.
- Aggressively litigated a $360,000.00 claim for an electrical materials vendor which led to a prompt negotiated settlement for the full amount of the claim plus prompt pay interest.
- Defended against a temporary restraining order on a suit for declaratory relief to rescind a non-competition agreement, ultimately settling the suit for a de minimis amount and maintaining employer protections in the agreement.
- Won at trial as co-chair representing employer in pursuit of claims for breach of a non-competition agreement and tortious interference with contact, obtaining a judgment of $100,000.
- Represented employer, eliminated defensive claim and associated legal fees of $80,000 through summary judgement in a non-compete and tortious interference dispute.
- Obtained $150,000 in damages, fees and interest on behalf of a general contractor at mediation of a contractual indemnity dispute with the subcontractor.
- Defended a residential general contractor at trial in a commercial lease dispute resulting in no liability for the contractor and zero damages for the plaintiff.
- Obtained partial Summary Judgment in defense of general contractor in a labor dispute, resulting in the elimination of $300,000 from the plaintiff’s claim, removal of a key witness and a favorable settlement.
- Temporarily enjoined a large government agency from making claims on a general contractor bid error, leading to a settlement beneficial to the contractor.
- Brought suit and favorably settled mechanics and materialmen’s lien claim by overhead door contractor in multi-party litigation in connection with work done on a $7 million cryogenic manufacturing industrial warehouse.
- Successfully represented plumbing subcontractor in mediation against multiple parties for claims of non-payment.
- Obtained a favorable settlement for pipeline contractor in litigation arising from work conducted by a subcontractor on a Montgomery County storm water and sewer utilities project.
- Assisted an international construction corporation in preparation for a breach of contract arbitration concerning construction of pumping stations for a trans-national oil pipeline.
- Clerked for an international retail energy company assisting in matters including litigation, corporate divestiture, contract negotiations, and collaboration with other industry members on research and development.
Education
- University of Houston Law Center, Houston, Texas
- J.D. – 2010
- Texas State University, San Marcos, Texas
- B.A. – 2004
Professional Associations and Memberships
- State Bar of Texas
- Houston Bar Association, Construction Law and Litigation Sections
- Houston Young Lawyer’s Association
- Associated Builders and Contractors
- The Associated General Contractors of America, Construction Leadership Council
Speeches and Publications
- “That Out of State Construction Clause Still Sticks,” AM Monthly Law Alert, June 2017
- “Drone Regulations in Construction Usage,” AM Monthly Law Alert, October 2016
- “Arbitrator Subpoenas: Are They Worth the Paper They’re Printed On?” American Arbitration Association Webinar (Co-Author and Co-Presenter), December 2015
- “Hot Tip Case Review: LAN/STV v. Martin K. Eby Const. Co., 435 S.W.3d 234 (Tex. 2014),” American College of Construction Lawyers Conference (Co-Author), February 2015
- “An Examination of Texas Civil Practice & Remedies Section 150.002 ‘Certificate of Merit’ Statute and Associated Caselaw,” Construction Law Journal (Co-Author), Summer 2011