MICHAEL SAYDAH

msaydah@cdrsllc.com

GENERAL OVERVIEW

Immediately after bar admission, Mr. Saydah began his legal career with 3 smaller private law firms handling a full range of client matters.

He negotiated, drafted and litigated construction and employment contracts; buy-sell agreements and leases; handled all matters pertaining to partnership and corporations (including set-up, incorporation, dissolution and winding down); negotiated and drafted financing obligations for businesses and financial institutions; managed business contractual obligations for agribusiness industrial farming and cattle feeding operations and specialized medical equipment. He litigated the rights and obligations of the parties under contracts and indemnity agreements; mechanics liens and most importantly became aware of the practical aspects of the construction projects including financing, scheduling, critical path, construction issues and building standards.

Thereafter he began the Construction Defect Departments for the in-house legal staffs of 2 major insurance companies. In this house-counsel capacity he handled construction defect lawsuits as this genre of cases began in Southern California in the mid 1980’s. He handled all manner of cases from inception of the lawsuit through mediation, arbitration and trial on behalf of subcontractors, general contractors and developers involved in building private residential, commercial and public works projects throughout the entire state of California. All aspects of construction and construction defects were covered including, but not limited to: soils and subsidence, structural, mechanical, electrical, architectural, HVAC, plumbing, waterproofing, roofs, windows, stucco, delay claims, mold, insurance coverage, design issues, Americans with Disabilities Act (physical access, compliance and accommodation), framing, windows, sheet metal, window leaks, roof leaks, drainage, grading, concrete slabs and flatwork, sulfates, off-site improvements, on-site improvements, finish carpentry, remodels, conversions.

Notable cases he handled for subcontractor parties which resulted in published California Supreme Court and California Court of Appeal opinions are: La Jolla Village Homeowners Association vs. Superior Court (1989) 212 Cal.App.3d 1131, 261 Cal.Rptr. 146, wherein the court of appeal refused to extend strict liability in tort liability to subcontractors of mass-produced homes; and, Aas vs. Superior Court (2000) 24 Cal.4th 627, 101 Cal.Rptr.2d 718, wherein the California Supreme Court limited the damages recoverable in a construction defect lawsuit to those measurable property damages resulting from a construction defect.

Mr. Saydah was able to use his construction knowledge and experience gained while working construction during high school and college as well as the construction knowledge gained from personally handling so many construction defect lawsuits to resolve the cases in mediation and arbitration as an advocate for the subcontractor, developer or general contractor party. Actually trying these cases to juries, attending mediations and arbitrations and managing clients expectations allowed him to gain the knowledge and experience in mediation styles which is the on-the-job training he brings to mediations and arbitrations today.

In 1998 Mr. Saydah left the practice of law to devote his time and experience as a full time mediator to help consumers and contractors resolve construction disputes. He has been continuously involved with the construction process to remain current on building codes and construction standards including, most recently, Green Building, Green Building Performance, LEED (Leadership in Energy and Environmental Design), and the ratings and
construction of the USGBC (The United States Green Building Council). He remains neutral which is a direct result of his on-the-job mediation training and his years of mediation experience. His reputation for honesty and integrity is without question. He is driven to resolve construction disputes in the most fair, equitable and cost efficient manner.

Mr. Saydah is an ‘AV’ rated lawyer by his peers by Martindale–Hubble.

EDUCATION

Michael F. Saydah received a Bachelor of Arts Degree with a major in Economics from the University of New Mexico at Albuquerque, New Mexico in June 1976. He received a Juris Doctorate law degree from Western State University, College of Law at San Diego, California in December 1978 and was admitted to the California State Bar and the bars for all Federal District Courts in California in 1979. California State Bar number 90124, status is Active.

DESCRIPTION OF MEDIATION/ARBITRATION PRACTICE

Mr. Saydah currently, and since 1998, practices as a full time professional mediator and arbitrator throughout Northern and Southern California. He serves as a neutral in a broad range of matters of varying sizes ranging from small, mid-size and large complex multi-party cases. Cases involve all aspects of contracts and contractual disputes arising during construction, building standards, financing, construction defect litigation including private construction, residential, single family detached dwellings, condominiums, commercial buildings, office buildings, hotels, delay claims, insurance coverage, ADA, mold, construction site accidents, professional liability (medical, architectural, engineering, mechanical, legal), warranty claims, Right-to-Fix claims.

Other types of cases successfully resolving include: wrongful employment termination, real estate disclosure and non-disclosure, governmental tort liability, catastrophic injury, motor vehicle accident, personal injury, wrongful death, property damage claims, insurance contribution actions between insurance carriers, insurance bad-faith, products liability, fire insurance coverage losses, subrogation claims, professional malpractice including legal and medical malpractice.