Michael J. Baker

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.)

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

• “California 2023 Construction Law Highlights,” Author, Snell & Wilmer Under Construction Newsletter (January 2023)
• “Revisions Are Coming to Davis – Bacon Act Regulations,” Author, Snell & Wilmer Under Construction Newsletter (July 13, 2022)
• “Unintended Consequences of Incorporating Subcontractor’s Proposals in the Subcontract,” Author, NASBP (May 9, 2022)
• “Unintended Consequences of Incorporating Subcontractor’s Proposals in the Subcontract,” Author, Snell & Wilmer Under Construction Newsletter (April 14, 2022)
• “Cost Escalation – Are You Ready? Contract Tune Up for 2022,” Author, Snell & Wilmer Under Construction Newsletter (January 19, 2022)
• “Construction Cost Impacts Post COVID-19: Cost Escalation and Delay,” Author, Snell & Wilmer Under Construction Newsletter (October 19, 2021)
• “Recovering Construction Costs for A Virus Outbreak—Shifting the Risk for Unforeseen Epidemic Costs Was Not Allowed,” Author, Lorman (August 26, 2020)
• “In California, It’s Time to Revisit Your “Pay-When-Paid” Contract Clause,” Author, Under Construction (July 2020)
• “Recovering Construction Costs for A Virus Outbreak—Shifting the Risk for Unforeseen Epidemic Costs Was Not Allowed,” Author, Under Construction (July 2020)
• “COVID-19 – Safety Guidance for Construction,” Author, Under Construction (April 2020)
• “California and COVID-19 – Common Questions Concerning the Impact on the Construction Industry,” Author, Under Construction (April 2020)
• “An Approach to Determining Exemption from Stay in Place Orders – Construction in California,” Author, Under Construction (April 2020)
• “Reminder: Update Your California Skilled and Trained Workforce Compliance Procedures for 2020,” Author, Under Construction (January 2020)
• “The Brave New World of Determining Independent Contractors in California,” Author, Under Construction (October 2019)
• “Warning! Danger Ahead for Public Entities,” Author, Under Construction (April 2019)
• “California Clarifies Subcontractor Substitution Hearing Procedures and Standard of Review,” Author, Under Construction (January 2019)
• “Teaming Up? Avoid Unenforceable Agreements to Agree,” Author, Lorman (December 14, 2018)
• “California Supreme Court Clarifies “Good Faith Dispute” Under California’s Prompt Payment Law,” Author, Lorman (November 28, 2018)
• “Teaming Up? Avoid Unenforceable Agreements to Agree,” Author, Under Construction (September 2018)
• “California Supreme Court Clarifies “Good Faith Dispute” Under California’s Prompt Payment Law,” Author, Under Construction (July 2018)
• “California Viewpoint: Potential Loophole To New Unpaid Benefits Law,” Co-Author, ENR California (May 22, 2018)
• “Subcontractor Wages: Closing the Loopholes,” Co-Author, Snell & Wilmer Legal Alert (May 14, 2018)
• “Important California Contracts Reminder – You Must Update and Review Your Private Works California Construction Contracts for 2018,” Author, Under Construction (March 2018)
• “California Appellate Court Finds Contractor’s Delay Damages Covered Under a CGL Policy,” Author, Under Construction (December 2017)
• “Contractors on Private Works Now Liable for Unpaid Wages Owed by its Subcontractors,” Co-Author, Snell & Wilmer Legal Alert (October 24, 2017)
• “Calif. Proposed Border Wall Law: Questions For Contractors,” Co-Author, Law360 (August 16, 2017)
• “SB-30 and its Implications for Doing Public Work Construction for the State of California – Another Risk to Manage,” Co-Author, Snell & Wilmer Legal Alert (June 12, 2017)
• “Highlights of the AIA 2017 Updates of its Construction and Design Agreements,” Author, Under Construction (June 2017)
• “Subcontractor Bid and Promissory Estoppel in California Take an Unexpected Turn,” Author, Under Construction (March 2017)
• “New California Construction Laws for 2017,” Co-Author, Under Construction (December 2016)
• “The Protest ‘Nightmare’: Why Construction Projects Can Be Magnets for Controversy,” Quoted, Construction Dive (August 25, 2016)
• “California Court Reviews Sufficiency of Proof of Construction Claim Damages and Adopts Eichleay,” Author, Under Construction (June 2016)
• “Innovative Construction Contracting Formats – Will They Succeed?” Author, Orange County Business Journal (May 9, 2016)
• “Moving Forward with Design-Build in California,” California Special District Association (May-June 2015)
• “Legal Counsel Q & A,” Structural Engineer (May 2003-2014)
• “Early Warnings,” Construction Today (February 2012)
• “American Bar Association: The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations and Financing,” Green Materials and Construction Chapter (August 25, 2010)
• “Mind Your P’s and Q’s – Why a Good Construction Lawyer Can Be Worth Their Weight in Gold,” Construction Industry Forum Roundtable, California Constructor (July 2007)
• “When Is A Change Order Final?” CMAA Legal & Legislative Newsletter (Spring 2006)
• “Protecting Your Rights in Contracts,” Southern California Contractors Association (September 2005)
• “California Prop. 39 – Application of School Bond Funds to Pay Employee Costs,” CMAdvisor (Winter 2005)
• “Contracts Can Support the CM’s Leadership Role,” CMAdvisor (Summer 2004)
• “When Is A Change Order Final?” CMAdvisor (Spring 2003)
• “Staking a Construction Claim – Contractual Obligation, Documentation, Negotiation and Resolution,” Commercial Building (March 2002)
• “California Supreme Court Rules that Public Contracts Cannot Be Abandoned,” Structural Engineer (March 2002)
• “A Landmark Decision – The California Supreme Court Issues a Decision Affecting Building Contractors and the Theory of Contract Abandonment,” Builder & Developer (March 2002)
• “Design-Build – False Prophecy of a Claims-Free Benefit?,” California Real Estate Journal (February 4, 2002)
• “Supreme Court Overturns Appellate Court Ruling on Contract Abatement,” California Construction Link, Courtroom Corner (February 2002)
• “Termination: Is It Worth It?” Structural Engineer (February 2002)
• “Claim Exposure for Building Associated Illnesses,” Structural Engineer (January 2002)
• “Understanding Liquidated Damages,” Structural Engineer (December 2001)
• “Construction Claims: Part Two – When is a Change Order Final?” Structural Engineer (November 2001)
• “Licensing and Design-Build – Getting it Right Means Knowing the Law in Each State,” Commercial Building (October 2001)
• “Design-Build: Not Always Claims-Free,” Commercial Building (October 2001)
• “Terrorist Attacks and Insurance,” Structural Engineer (October 2001)
• “Construction Claims: Part One – Contractual Obligation, Documentation, Negotiation, Resolution,” Structural Engineer (September 2001)
• “Licensing and the Design-Build Process,” Structural Engineer (August 2001)
• “Alternate Dispute Resolution – Knowing and Understanding Your Contract Provisions,” Structural Engineer (July 2001)
• “Extent of Responsibility: Exposure Beyond Employment,” Structural Engineer (June 2001)
• “Resolving Claims: A Project Engineer’s Role,” Structural Engineer (May 2001)
• “The Paper Chase: Exposure to Change Orders,” Structural Engineer (April 2001)
• “Technology and the Standard of Care,” Structural Engineer (March 2001)
• “Managing Risk – How to be Profitable,” Structural Engineer (February 2001)
• “Professional Liability – Covering Your Bases,” Structural Engineer (January 2001)
• “Malpractice Defense Measures,” Structural Engineer (December 2000)
• “Observation or Supervision? – Responsibility on a Job Site,” Structural Engineer (November 2000)
• “Design-Build: False Prophecies or Claims-Free Benefit?” Builder & Developer (October 2000)
• “Crossing the Line: A Moral Victory without Precedent,” Structural Engineer (October 2000)
• “Law Firm Records A Major Victory,” Daily Pacific Builder (October 18, 2000)
• “Design-Build: A False Prophecy or a Claims-Free Benefit?” Structural Engineer (September 2000)
• “Appellate Court Delivers Public Entities a Blow,” California Construction Link (September 2000)
• “Allocating Risk Properly In Construction Projects,” Builder & Developer (September 2000)
• “Design-Build: Is It a False Prophecy?” Real Estate Finance Journal (Fall 2000)
• “Joining Forces – The Grim Reality of Some Mergers and Acquisitions,” Structural Engineer (August 2000)
• “The Paperless Project – Potential Liabilities,” Structural Engineer (July 2000)
• “Performance Specifications – Issues and Problems,” Structural Engineer (June 2000)
• “Controlling Today’s Costs on Yesterday’s Projects,” Structural Engineer (May 2000)
• “Mediation – Guidelines for Resolving Disputes,” Structural Engineer (April 2000)
• “Allocating Risk – Guidelines for Preparing Documents,” Structural Engineer (March 2000)
• “A Major Hurdle for California’s Hospitals,” San Diego Union Tribune (OP/ED) (February 29, 2000)
• “Protecting Your Legal Rights in Contracts,” Structural Engineer (February 2000)
• “How to Control Today’s Costs for Yesterday’s Projects,” Co-author, Professional Roofing (January 2000)
• “Allocating Risk Properly in Construction Projects,” Builder & Developer (December 1999)
• “Can Blue Do Better? Tips on How the New Transit Line Can Avoid MTA’s Construction Woes,” Pasadena Star-News (November 4, 1999)
• “Allocating Risk Properly in Construction Projects,” Daily Pacific Builder (October 8, 1999)
• “How to Control Today’s Costs for Yesterday’s Project (Part II),” Co-Author, California Construction Link (April 1999)
• “How to Control Today’s Costs for Yesterday’s Project (Part I),” Co-Author, California Construction Link (March 1999)
• “How to Control Today’s Costs for Yesterday’s Project,” Co-Author, Builder & Developer (February 1999)
• “Joining Forces – Mergers Can Create Stronger Firms, or Alphabet Soup,” Architecture Magazine (December 1998)
• “Fundamental Changes – Cost Overruns on Public Projects Call for Course Corrections,” California Real Estate Journal (December 1998)
• “Q&A: The Dilemma of Cost Overruns on Public Projects,” Orange County Reporter (October 30, 1998)
• “Homilies for Successful Mediation,” Real Estate Finance Journal (Fall 1998)