Michael A. Schollaert

Shareholder

Baltimore
T: 410.862.1135
F: 443.263.7535

Michael A. Schollaert is an experienced construction lawyer providing strategic and practical advice to his clients at every stage of the construction process, from contract drafting and review through project close-out and dispute resolution.

Featured Video

Leveling the Peaks and Valleys: Best Practices to Proactively Address Price Fluctuations in Construction Materials December 7, 2021

Featured Experience

Represented the construction manager in resolving various claims and disputes arising out of the construction of the largest hotel and convention center complex on the eastern seaboard with a total project cost in excess of $800 million.

Represented the general contractor in delay and inefficiency claims arising out of the construction of a 1.6 MW wind farm. After more than four weeks of arbitration and post-arbitration proceedings, the general contractor was awarded nearly the entirety of its claim along with interest and attorneys' fees.

Negotiated a favorable settlement agreement with a state agency on behalf of a landowner to ensure continuous monitoring and improvement of a lake and its tributaries that were contaminated by adjacent construction activities.

Professional Biography

Mr. Schollaert also works closely with the Firm's Advocacy and Intellectual Property Groups, handling and litigating a wide range of commercial disputes. When disputes arise, Mr. Schollaert is also an aggressive advocate, both in the courtroom and through the informal resolution of claims. As a trial lawyer and trusted advisor, he works closely with his clients to achieve the best outcome in a cost-effective and timely manner.

Mr. Schollaert has extensive experience in the prosecution and defense of mechanic's liens in state courts throughout the State of Maryland. He represents general contractors, owners, sureties, subcontractors and suppliers on private and public construction projects, and also provides general litigation, complex commercial litigation, mediation and arbitration representation. His practice focuses on dispute avoidance, contract administration and the preparation and defense of claims involving bid protests, payment disputes, project delays and disruptions, wrongful termination, construction and design defects, and related matters. Mr. Schollaert has also represented sureties, owners and contractors in bond default matters providing advice and assistance to ensure the completion of the projects and the resolution of claims. Recently, he has represented both developers and contractors on multiple, utility-scale solar power projects.

Mr. Schollaert recently served as editor of the Maryland Construction Law Deskbook (Second Edition), published by the Maryland State Bar Association, and he also co-authored the chapter on Mechanic's Liens and Statutory Remedies. Mr. Schollaert has been named in Maryland Super Lawyers since 2009 and listed in The Best Lawyers in America^®, Construction Law category from 2014 – 2022. He also lectures on various topics of interest to professionals in the construction industry.

Active in the community, Mr. Schollaert serves on the board of Federal Hill Main Street in Baltimore. He is also the former chair of the Construction Law Section of the Maryland State Bar Association.

Acted as lead counsel in a multi-week jury trial defending an international engineering firm from design-defect and delay claims brought by a municipality alleging more than $65 million in compensatory and punitive damages.
Filed a bid protest with the U.S. Government Accountability Office (GAO) on behalf of contractor that was excluded from the competitive range for a $48 million construction procurement. In response to various arguments related to evaluation errors, the agency took corrective action and agreed to reevaluate the client's proposal in full and to create a new competitive range.
Represented the construction manager in resolving various claims and disputes arising out of the construction of the largest hotel and convention center complex on the eastern seaboard with a total project cost in excess of $800 million.
Obtained a defense verdict for a pre-cast subcontractor sued under the theory of promissory estoppel after withdrawing its bid on a parking garage project.
Filed bid protest and appeal with the Maryland State Board of Contract Appeals (MSBCA) over an agency's decision to reject all bids and cancel a procurement concerning the rehabilitation of multiple bridges. After fully briefing the matter before the MSBCA, the agency agreed to settle and award the construction contract to our client, the low bidder for the original procurement.
Represented the general contractor in delay and inefficiency claims arising out of the construction of a 1.6 MW wind farm. After more than four weeks of arbitration and post-arbitration proceedings, the general contractor was awarded nearly the entirety of its claim along with interest and attorneys' fees.
Negotiated a favorable settlement agreement with a state agency on behalf of a landowner to ensure continuous monitoring and improvement of a lake and its tributaries that were contaminated by adjacent construction activities.

Professional Memberships

Member – American Bar Association, Forum on the Construction Industry
- Member, Division 4
- Liaison, Marketing Committee
Member – Bar Association of Baltimore City
Member – Maryland State Bar Association
- Former Chair of Construction Law Section

Community Service

Federal Hill Main Street
- Board of Directors
- Business Development Committee

Honoraries

Listed in The Best Lawyers in America^®, Construction Law Category (2014 – 2022)
Listed as a "Top Rated" Construction Litigation attorney by Maryland Super Lawyers (2018 – 2022)
Listed in Chambers USA: America's Leading Business Lawyers as a leading Construction lawyer in Maryland (2022)
Listed as a Maryland Rising Star in Maryland Super Lawyers, Construction Litigation (2009 – 2013, 2015 – 2017); Construction and Real Estate (2014)

Summer Associate, Ober, Kaler, Grimes & Shriver
Law Clerk, United States Attorney's Office
Regulatory Compliance Specialist, LCC International, Inc.

Co-author – "Regaining Predictability by Planning for Price Fluctuations in Construction Materials," Construction Executive (December 2021)
Author – "New Amendments to the Prompt Payment Act: What You Should Know," Building Baltimore Magazine (Winter 2020)
Co-author – "COVID-19 Compliance in the Construction Industry," Building Baltimore Magazine (Fall 2020)
Co-author – "Bonds Required on Federal Construction Projects Even if Contract is Silent," Building Baltimore Magazine (Winter 2019)
Co-author – "New Maryland Law Gives Employees the Immediate Right to Sue GCs and Subs for Prevailing Wage Violations," ABC Baltimore (May 2019)
Author – "Scope of the Construction Trust Fund Statute Under Scrutiny," Building Baltimore Magazine (2018)
Co-author – Chapter 12: Mechanic's Liens and Statutory Remedies, Maryland Construction Law Deskbook (Second Edition), Maryland State Bar Association (2017)
Editor – Maryland Construction Law Deskbook (Second Edition), Maryland State Bar Association (2017)
Contributor – "Chapter 15: Overview of ConsensusDocs Form Contracts," Construction Law Handbook (Second Edition), Wolters Kluwer (2014, 2015, and 2016 Cumulative Supplement)

Co-speaker – "COVID-19 Impacts and Legal Challenges," Ironworker Management Progressive Action Cooperative Trust (December 2020)
Speaker – "AIA Contract Clauses and Claims," Maryland State Bar Association (November 2019)
Co-speaker – "Navigating the Workplace Fraud Act and SB 853" (January 2019)
Speaker – "One Year After Release: What You Need to Know About the Revised AIA Documents," ABC Baltimore (2018)
Speaker – "Construction Contracting Considerations," BLocal BUILD College, a Johns Hopkins Initiative (2018)
Speaker – "Construction Professional Services Agreements: Key Provisions, Common Areas of Dispute, and Streamlined Contract Negotiations," webinar, Strafford Publications, Inc. (2018)
Speaker – "Construction Law: Learn How It Really Gets Built!," Judicial College of Maryland (2017)
Speaker – "Addressing the Legal Challenges of Design-Build Contracts," Higher Education Real Estate Lawyers (HEREL) Annual Conference (2017)
Program Chair – "Maryland Construction Law Institute 2017: Building the Foundation," Maryland State Bar Association (2017)
Speaker – "Change Orders in Maryland," Lorman Education Services (2014)
Program Chair – "Maryland Construction Law Institute 2013: Building the Foundation," Maryland State Bar Association (2013)
Speaker – "Fundamentals of Construction Contracts: Understanding the Issues," Lorman Education Services (2012, 2013)
Speaker – "AIA Contracts," Lorman Education Services (2011, 2013)