Michael S.
Middleton

Construction and Litigation

Michael Middleton is a shareholder and senior construction attorney in the Litigation Department of Trainor Fairbrook. His background as an attorney includes the representation of clients in the areas of construction, business and employment/wage law. Mr. Middleton has over two decades of experience in civil litigation and alternative dispute resolution, and has successfully participated in numerous jury trials, administrative hearings, binding arbitrations and mediations of construction employment and contract disputes.

Mr. Middleton’s practice emphasizes all aspects of the construction industry, including construction defect actions, review and resolution of construction contract claims and all areas of construction-related litigation in state and federal courts throughout California.

Additionally, he has extensive experience in the areas of mechanic’s liens and collection matters, delay claims, insurance disputes, Cal-OSHA violations and wage and hour disputes, State and Federal wage audits and a variety of other business matters faced by California contractors and businesses.

Representative Matters

Favorably resolved construction defect litigation for a large plumbing subcontractor related to a $100 million hotel/condominium development in South Lake Tahoe, California.
Obtained a defense verdict at trial for a private school in a wrongful termination/harassment lawsuit brought by a former employee.
Successfully resolved numerous Cal/OSHA complaints and citations on behalf of various general contractors and specialty contractors.

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Represented a large specialty contractor in a wage audit prosecution by the United States Department of Labor. The contractor was initially facing a ruling and penalties in excess of $200,000. After numerous hearings, the final award was below $14,000, with no penalties assessed.
Currently defending a nationwide pipe manufacturer in a $2 million lawsuit filed by a large public entity related to system failure due to alleged installation and owner usage issues.
Obtained a binding arbitration award in excess of $800,000 on behalf of the seller of an automotive business against the purchaser, after the purchaser failed to comply with the terms of the sale agreement. The initial demand to the purchaser was $200,000.

RECOGNITIONS

Rated AV Preeminent – Martindale-Hubbell
Best of the Bar – Sacramento Business Journal:‎
2016-2018
Top Lawyer – Sacramento Magazine: 2015-2018

MEMBERSHIPS

Member – State Bar of California, Labor and Employment Law and Litigation Sections
Member – American Bar Association
Member – Sacramento County Bar Association, Construction Section (2018 - Chair)‎
Judge Pro Tem – El Dorado County
Member – North State Building Industry Association
2018 Chair of the Sacramento County Bar Association - Construction Section; Former Vice-Chair (2017) Secretary (2016) and Treasurer (2015)‎
Certified Fee Arbitrator - Sacramento County Bar Association