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MikeViayra, Jr.

Partner
Los Angeles

O 310.382.1329

MikeViayra, Jr.

Partner

Mike is a partner in the firm’s Construction group, where he leverages nearly 30 years of engineering and legal experience to guide clients through complex litigation and transactional matters. He advises contractors and owners in the construction and energy industries, primarily focusing on litigation. While his practice is concentrated in California state courts, he routinely represents clients in federal courts and venues such as the CBCA and ASBCA, as well as in alternative dispute resolution forums, including JAMS and AAA. Typical matters include breach of contract, delay claims (including extended general conditions/general requirements, labor and material escalation, and labor inefficiency components), enforcement of mechanic’s lien and stop payment notice rights, payment & performance bond claims, and compliance with the requirements of the California Contractor’s License Law.

Mike’s distinctive background as an engineer, military officer, in-house counsel for a Fortune 100 company, and an Am Law 100 attorney equips him with a rare combination of skills and insights to address multifaceted challenges his clients may face.

Focus Areas

Litigation

  • Defended a general contractor in a termination-for-default case involving a $30+ million cross-complaint by the owner and multi-million-dollar claims for payment by subcontractors on a skilled nursing facility in Covina, California. Negotiated a revocation of the termination and secured favorable terms from the owner a few months before trial.
  • Represented a general contractor in settling delay and unpaid change order claims on a mixed-use project at Hollywood Park near SoFi stadium, resulting in an eight-figure settlement for the general contractor and its subcontractors just after filing the lawsuit.
  • Engaged by a large national general contractor to pursue delay and unapproved change order claims on an EPA lab upgrade project administered by the GSA in Colorado. Negotiated a release of the contract balance and payment of additional change orders during discovery.
  • Represented a joint-venture contractor engaged in debris and tree cleanup from the 2019 Camp Fire, securing a seven-figure settlement on the eve of trial.
  • Prosecuted claims against the State of California on behalf of a joint venture contractor on the Northern Branch contract for the 2020 California fire cleanup. Developed and implemented early claim presentations, leading to an eight-figure settlement before discovery.
  • Represented a civil contractor in a claim against CalRecycle for the Southern Branch of the 2020 California fires, securing a seven-figure settlement in the early stages of discovery.
  • Defended a large national general contractor against eight-figure additional cost claims by a subcontractor at the CARB testing facility in Riverside, California. Guided the client through related AAA and state court actions regarding the subcontractor’s lack of a contractor’s license. The state court granted the client’s MSJ, ruling that the subcontractor required a license and did not qualify for the equipment supplier exemption.
  • Represented a drywall and interior finishes contractor in California state court in delay, disruption, and inefficiency claims related to the construction of San Francisco General Hospital, reaching a multi-million-dollar settlement on the eve of trial.
  • Represented an electrical subcontractor on a SR-91 freeway project in AAA arbitration for delay and unpaid work claims, securing a multi-million-dollar settlement after a favorable ruling on a motion.
  • Represented a subcontractor seeking recovery for contract balance and extra work on a sewer upgrade project for a federal prison in Long Beach, California. Recovered the full seven-figure claim amount plus attorney’s fees after a jury trial.

Transactional

  • Developed, negotiated, and managed construction contracts for a top 10 U.S. mall owner.
  • Reviewed AIA construction documents for numerous multi-million-dollar private projects and client tenant improvements.
  • Led a large in-house and contractor due diligence team for a $5+ billion spinoff of all California oil and gas interests into a new publicly traded corporation.

Education

  • UCLA School of Law, J.D., 2004
  • United States Naval Academy, B.S., 1995,
    with merit

Bar Admissions

  • California

Court Admissions

  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California