Michael M. Suga

Senior Partner

Michael Suga has over 29 years of experience representing contractors, subcontractors, developers, and design professionals in litigation concerning public and private construction projects and engineering services. Michael has represented clients in various state and federal courts, Boards of Contract Appeals, in ADR mediation and in both domestic and international arbitration proceedings. Additionally, Michael has provided advice and representation to clients during contract negotiations and during project execution in order to protect and preserve client rights, while minimizing or avoiding claims and disputes.

REPRESENTATIVE EXPERIENCE

Michael has represented and continues to represent an ENR Top 20 international road construction contractor on multiple high-profile projects in the DMV and on the West Coast.
Lead trial counsel in California state court related to the construction and development of a large transportation system in which Michael’s client received a judgment in excess of $131 million.
Lead trial counsel representing designer on design defect and CERCLA liability action against the Government of Guam in Federal District Court (Guam).
Successfully represented general contractor in US Federal Court regarding claims related to the repaving of the Andersen Air Force Base in Guam.
Lead trial counsel that represented an ENR Top 10 Design Firm in a dispute concerning engineering services at a port facility in Jacksonville, Florida in which over $150MM in claims were at issue. Successfully negotiated a settlement prior to trial.
Lead counsel representing a general contractor and surety engaged in a dispute with the U.S. Corps of Engineers concerning the construction of a lock and dam project located in Arkansas in which Michael’s received a verdict entitling it to over $13 million.
Successfully represented ENR Top 10 contractor engaged in a disputes with the project owners of two 1,100 Mw combined cycle power plant in Michigan and in Arizona, which resulted in separate arbitrations, both of which resulted in substantial affirmative awards for the contractor.
Successfully represented Joint Venture on claims concerning the construction of the (then) largest data center for the US intelligence community.
Representing an ENR Top 5 contractor related to claims and issues related to an $850 million contract with a public utility regarding the construction of landfill facilities and excavation/processing of coal ash material from a retired power plant.
Co-lead counsel representing an ENR Top 5 contractor in United States Federal District Court related to the construction of a combined cycle power plant in Ohio and a claim of default termination.
Trial counsel in recovering $53 million on contractor's affirmative claims for delay, material breach of contract and overturning of default termination and defeating $60 million delay, termination and construction defect claims by Clark County during a ten-week hearing involving the $124 million, 18-story Regional Justice Center.
Representing international contractor related to construction of over $1 billion worth of work related to a 2.6 GW offshore wind farm off the coast of Virginia.

PUBLICATIONS & PRESENTATIONS

Speaker: “Forensic Investigation of Failures: Road Map & Key Steps Through the Lens of Case Studies," Society of Construction Law - North America, June 2024.
Speaker: “New Construction Tools: The Use of New and Improving Technologies on Construction Projects and in ADR," AAA Construction Conference, March 2024.
Co-Presenter: “Effective Project Management & Strategies: Turning Hindsight into 20/20 Foresight,” ABA Forum on Construction Law, October 2021.
Contributing Author: American Bar Association, Federal Government Construction Contracts, (3^rd Edition 2017).
Author: "Leave Me Out of It: Practical Considerations for the Use of 'Trade-to-Trade' Dispute Provisions on Multi-Prime Projects," From the Ground Up, Summer 2005, page 6.
Co-Author: "Contesting and Defending Liquidated Damages Provisions," Construction Briefings, May 2005.