Michael J. Baker, Partner at our Orange County, and Los Angeles law offices
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Michael J. Baker

Partner
Biography

With more than 25 years of experience dedicated to the area of construction law, Mike Baker focuses his practice on the representation of design professionals, engineers, general contractors, and public and private owners. His experience includes providing representation for business and contractual matters, as well as disputes before arbitration panels, mediators, and trial courts. He has also acted in the capacity of mediator, arbitrator, and served on project dispute resolution boards on selected building programs and projects.

Mike’s transactional experience in both construction and design-related matters includes drafting contracts related to project delivery methods, as well as drafting building program management agreements and construction management agreements for building programs ranging from $200 million to over $1 billion on behalf of contractors, design teams, and owners. His experience as a trial lawyer is shown by having brought 20 cases to trial for decision or verdict, including venues in 11 different counties in the State of California, and trials in multiple federal circuit court districts in California and the Ninth Circuit Court of Appeals. Additionally, Mike has arbitrated numerous cases in private arbitration on behalf of contractors, owners, engineers, architects, construction managers involving building, and civil works.

Credentials

Bar Admissions

  • California


Court Admissions

  • Supreme Court of California
  • United States Court of Appeals, Ninth Circuit
  • United States District Court, All Districts of California
  • United States Supreme Court


Education

  • Pepperdine University School of Law (J.D.)
  • DePaul University, Chicago (B.A.)
Experience

Awards & Recognition

  • The Best Lawyers in America®, Construction Law, Construction Litigation (2023-2025)
  • Chambers USA: America’s Leading Lawyers for Business®, Construction Law (2008-2019)
  • California Super Lawyers®, Construction Law (2009, 2011)
  • Wiley W. Manuel Award for Pro Bono Legal Service, State Bar of California (2020)

Professional Memberships and Activities

  • State Bar of California
  • Construction Management Association of America (CMAA)
    • Southern California Chapter (2009-Present)
      • Past Chapter President (2013)
      • Board Member (2007-Present)
  • CMAA, Southern California Foundation Board
    • Founding Member
    • Board Member (2010-Present)
    • Past Treasurer
  • Engineering Contractors Association (ECA)
    • Board of Directors (2019)

Community Involvement

  • CMAA Southern California Chapter Foundation, Vice Chair of Charity Golf Event

Representative Presentations and Publications

Presentations

  • “California Construction Law Update”, Presenter, CMAA Southern California Chapter Legal Webinar (January 24, 2023)
  • “Contract & Project Issues in the Post COVID-19 Environment”, Co-Presenter, CMAA Southern California Chapter Educational Webinar (May 17, 2022)
  • “Limiting Liability and Exposure”, Co-Presenter, Structural Engineers Association of Arizona’s Risk Management and Ethics for Engineers Seminar (May 14, 2022)
  • “Construction Cost Impacts Post COVID-19: Cost Escalation and Delay”, Presenter, Engineering Contractors’ Association (May 11, 2022)
  • “Construction Law Round-Up – What’s New for 2022”, Presenter, CMAA Southern California Construction Law Round-Up 2021 Webinar (February 1, 2022)
  • “Last Chance Last Minute CLE: Alternative Project Delivery”, Co-Presenter, California MCLE Webinar hosted by Arcadis and Snell & Wilmer (January 27, 2022)
  • “Awards and Protests”, Presenter, American Society of Professional Estimators (December 15, 2021)
  • “Construction Costs Impacts Post COVID-19: Cost Escalation and Delay”, Presenter, Engineering Contractors’ Association (October 28, 2021)
  • “Rising Construction Material Costs – State of the Industry”, Co-Presenter, Nevada Contractors Association Diversity & Inclusion Council (August 17, 2021)
  • “Effective Management of Construction Projects for Owners/Construction Managers”, Presenter,  Construction Management Association of America Webinar (June 23, 2021)
  • “Construction Costs Impacts Post COVID-19 Cost Escalation and Delay”, Presenter, American Society of Professional Estimators Webinar (June 9, 2021)
  • “COVID-19 Aftermath, Construction Issues Impacting Project,” Panelist, Engineering Contractors’ Association (May 6, 2021)
  • “California Construction Law Update – What’s New for 2021?” Co-Presenter, Snell & Wilmer Webinar (March 3, 2021)
  • “Annual Construction Law Update – What’s New for 2021”, Presenter, Engineering Contractors’ Association Webinar (February 19, 2021)
  • “2020 Legal Roundup – New Laws and Cases of Interest”, Presenter, CMAA Southern California Annual Construction Law Update – What’s New for 2021 Webinar (February 5, 2021)
  • “COVID-19 Schedule Delay and Disruption: Navigating the Process,” Panelist, CMAA Southern California (San Diego) Chapter Educational Webinar (June 25, 2020)
  • “COVID-19 Schedule Delay and Disruption: Navigating the Process,” Panelist, CMAA Southern California Chapter Educational Webinar (June 9, 2020)
  • “Dealing with Coronavirus Impacts to Your Construction Project”, Presenter, Orange County Bar Association Construction Section Webinar (May 6, 2020)
  • “Everything You Need to Know About CARES Act”, Presenter, CMAA Southern California Chapter Webinar (May 5, 2020)
  • “COVID-19 Panel Discussion on Construction, Labor, and Cal/OSHA for Construction Managers, Owners, and Contractors” Panelist, CMAA Southern California Chapter Educational Webinar (April 7, 2020)
  • “Coronavirus: Impact on Construction”, Co-Presenter, Snell & Wilmer Webinar (March 24, 2020)
  • “2020 California Construction Law Update”, Presenter, CMAA Southern California Chapter Legal Seminar, Long Beach, CA (January 28, 2020)
  • “The Dynamex Decision Revisited”, Presenter, CMAA Southern California Chapter Legal Seminar, Long Beach, CA (August 29, 2019)
  • “How Far is Too Far? Politics in Public Works Contracting”, Presenter, Engineering Contractors’ Association Legal Seminar, Anaheim, CA (April 19, 2019)
  • “2019 Construction Law Update”, Co-Presenter, CMAA Southern California Chapter Legal Seminar, Long Beach, CA (March 7, 2019)
  • “DiD Dynamex Destroy the Independent Contractor Model? How Dynamex Affects Your Project”, Co-Presenter, CMAA Southern California Chapter Legal Seminar, Long Beach, CA (October 4, 2018)
  • “Expanded Contractor Liability for Subcontractor Wages & Benefits – Private Works Construction” Brown & Streza, Irvine, CA (February 16, 2018)
  • “Construction Law Update: What You Need to Know” CMAA Southern California Chapter Legal Seminar, Long Beach, CA (February 8, 2018)
  • “Keys of Negotiation” CMAA Southern California Chapter Legal Seminar, Long Beach, CA (October 26, 2017)
  • “Alternate Project Delivery Under California Law,” CMAA Southern California Chapter Legal Seminar, Long Beach, CA (October 19, 2017)
  • “Mechanics Liens – Stop Notices – Bonds: Tools and Concepts to Get Paid” CMAA Southern California Chapter Legal Seminar, Long Beach, CA (October 20, 2016)
  • “Managing Engineering Risk and Ethics Issues,” Faculty, Half Moon Education, Irvine, CA (August 2015)
  • “Limiting Liability and Exposure,” Arizona Society of Engineers Annual Meeting, Tucson, AZ (June 2015)
  • “Overview of Public Private Partnerships (P3) Project Delivery,” CMAA Owner’s Roundtable, Long Beach, CA (June 2015)
  • “California Construction Legislation Update,” CMAA Owner’s Roundtable, Los Angeles, CA (February 2015)
  • “Construction Claims Trends and Legal Update,” CMAA Owner’s Roundtable, Long Beach, CA (October 2014)
  • “Negotiating Surety Takeover Agreements,” Owner’s Perspective Panelist, Pearlman Association, Seattle, WA (September 2014)
  • “Ethical Issues in Construction Management,” Legal Seminar, CMAA, Los Angeles, CA (February 2013)
  • “Contractor Pre-Qualifications,” Legal Seminar, CMAA, Los Angeles, CA (May 2012) and San Diego, CA (November 2012)
  • “Tools and Concepts – Getting Paid,” Legal Seminar, Low Income Housing, Thousand Oaks, CA (November 2012)
  • “Contractor Pre-Qualification,” Legal Seminar, CMAA, San Diego, CA (October 2012)
  • “Contractor Pre-Qualification,” Legal Seminar, CMAA, San Diego, CA (May 2012)
  • “Awards & Protests – Best Value Selection,” Spring Legal Affairs, Airport Council International NA – Airport General Counsel, Charleston, SC (May 2012)
  • “IPD – Myth or Solution,” Legal Seminar, CMAA, Los Angeles, CA (July 2010)
  • “Contracting Issues Involved in Complex Projects,” Legal Seminar, CMAA, Los Angeles, CA (September 2009)
  • “Legal Risks, Issues in Green Architecture for Architects,” Legal Seminar, Construction Specification Institute, Los Angeles, CA (September 2009)
  • “Integrated Project Delivery – CM’s Point of View,” Legal Seminar, Construction Specification Institute, Los Angeles, CA (September 2008)
  • “The Legal Aspects of LEED,” Legal Seminar, Beverly Hills Bar Association, Beverly Hills, CA (May 2008)
  • “Building Information Modeling and Legal Issues,” Legal Seminar, Annual Conference Association of California Construction Managers, Newport Beach, CA (June 2008)
  • “LEED & Green Building – Getting Down to the Real Issues,” Legal Seminar, CMAA, Long Beach, California (May 2008)
  • “Change Orders, the Inevitable Reality,” Legal Seminar, CMAA, San Diego, CA (March 2008)
  • “Construction Insurance & Professional Liability of the CM,” Legal Seminar, CMAA, Los Angeles, CA (January 2008)
  • “LEED Certification Hidden Pitfalls and Unexpected Costs of Going Green,” Legal Seminar, Annual Conference Community College Facility Coalition, Sacramento, CA (November 2007)
  • “How Design Documents Can Prevent or Cause Construction Claims,” Legal Seminar, City of Oxnard, Oxnard, CA (March 2007)
  • “What You Should Know About False Claims,” Legal Seminars, CMAA, San Diego, CA (February 2007)
  • “How Does the AGC Lump Sum Contract Compare to the AIA Stipulated Sum Contract?,” Associated General Contractors, Westlake, CA (January 2007)
  • “Construction Insurance & Professional Liability of CM,” Legal Seminar, CMAA, Los Angeles, CA (October 2006)
  • “Contractor’s Legal Forum, Written Change Order Requirement,” AALRR Legal Seminar, Cerritos, CA (October 2006)
  • “Construction Management/Design Build In California,” Lorman Education, Los Angeles, CA (August 2006)
  • “Proving & Defending Construction Claims,” Seminar, CMAA, San Diego, CA (May 2006)
  • “How Design Documents Can Prevent or Cause Construction Claims in California,” Lorman Education, Los Angeles, CA (April 2006)
  • “Ways to Limit Liability and Exposure,” National Building Conference, Chicago, IL (December 2005)
  • “Managing the Construction Claim,” Legal Seminar, CMAA, Los Angeles, CA (November 2005)
  • “Protecting Your Rights in Contracts,” Southern California Contractors Association (September 2005)
  • “Proving and Defending Construction Claims,” Legal Seminar, CMAA, Los Angeles, CA (August 2005)
  • “Construction Management/Design Build in California,” Legal Seminar, Lorman Education, Los Angeles, CA (August 2005)
  • “AIA Contracts in California – Understanding the Issues,” Lorman Education Institute (February 2005)
  • “Advanced California Construction Law,” National Business Institute, Anaheim, CA (May 2004)
  • “Prevailing Wage Law in Public Works Construction,” City of Riverside, CA (March 2004)
  • “The Challenges which Lenders Face with Respect to the Recent Mold Phenomena,” American College of Mortgage Attorneys, The Greenbrier, White Sulphur Springs, WV (October 25, 2003)
  • “Emerging Issues In California Indoor Air Quality and Toxic Mold Litigation,” National Business Institute, Anaheim, CA (September 29, 2003)
  • “Legal Aspects for Engineers,” CPEI, California Construction/Design Law, Continuing Education Course Teacher (July 27, 2003)
  • “Mold Insurance Coverage-A Growing Concern,” Real Estate Owned Managers Association (REOMAC) National Conference, Indian Wells, CA (March 17, 2003)
  • “Emerging Issues in Mold and Indoor Air Quality Claims,” CREW (California Women in Real Estate), Speakers Forum, Los Angeles Chapter – Los Angeles, CA (March 11, 2003)
  • “Advanced California Construction Law,” National Business Institute, Anaheim, CA (February 27, 2003)
  • “Emerging Issues In California Indoor Air Quality and Toxic Mold Litigation,” National Business Institute, Los Angeles, CA (January 31, 2003)
  • “Observation and Inspection – Legal Issues and Guidelines,” California Construction Inspectors Association, Los Angeles, CA (November 11, 2002)
  • “Emerging Issues in Toxic Mold Litigation in California,” National Business Institute (September 13, 2002)
  • “Advanced California Construction,” Law Speakers Forum – National Business Institute (July 10, 2002)
  • “Termination: Is It Worth It?” Structural Engineer (February 2002)
  • “Construction Law: What Do You Do When…?” Speakers Forum, National Business Institute (January 30, 2002)
  • “Mediating Multi-Party, Complex Cases: Overcoming the Challenges of Management and Resolution,” Masters Forum, Straus Institute for Dispute Resolution (October 6, 2000)
  • “The Successful Healthcare Construction Project,” Speakers Forum, California Society of Healthcare Engineers, National Conference, Napa, CA (May 4, 2000)
  • “State Senate Bill (SB) 1953 – The Legal Perspective,” Speakers Forum, California Society of Healthcare Engineers, Los Angeles Chapter (January 27, 2000)
  • “State Senate Bill (SB) 1953 – The Legal Perspective,” Speakers Forum, Architects for Healthcare (AIA) Los Angeles Chapter (January 19, 2000)
  • “State Senate Bill (SB) 1953 – The Legal Perspective,” Speakers Forum, California Society of Healthcare Engineers, Orange County Chapter (September 24, 1999)
  • “State Senate Bill (SB) 1953 – The Legal Perspective,” Speakers Forum, California Society of Healthcare Engineers, Inland Empire Chapter (June 17, 1999)
  • “State Senate Bill (SB) 1953 – The Legal Perspective,” Speakers Forum, California Society of Healthcare Engineers, San Diego Chapter (May 12, 1999)
  • “Architectural Engineering Malpractice Defense,” National Business Institute (1997)
  • “Indoor Air Quality Issues,” National Business Institute (1997)
  • “Homilies for Successful Mediation,” Los Angeles County Bar Association (1997)
  • “Performance Specification Issues and Problems,” Associated General Contractors & Orange County Bar Association (1997)
  • “Architectural Engineering Malpractice Defense,” American Institute of Architects (1996)
  • “Drafting Agreements for Transmission & Use of Electronic Data,” American Institute of Architects (1996)
  • “Professional Liability for Computer-Assisted Mistakes in Design and Construction,” American Institute of Architects (1995)

Publications

Publications
May 09, 2024
Under Construction

Under Construction – May 2024

Jan 17, 2020
Under Construction

Under Construction – January 2020

Oct 09, 2019
Under Construction

Under Construction – October 2019

Apr 23, 2019
Under Construction

Under Construction – April 2019

Jan 24, 2019
Under Construction

Under Construction – January 2019