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Michael A. Schollaert

Shareholder

Michael A. Schollaert is a shareholder in Baker Donelson's Baltimore office.

Featured Videos

Worker Misclassification and Workplace Fraud – Understanding the Risks and How to Avoid Them April 17, 2019
Design-Build: Is It Right for Your Campus Construction Project? October 17, 2017

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 $800,000,000

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

Overview

Mr. Schollaert provides strategic and tactical advice to his clients at every stage of the construction process – from contract drafting and review through project close-out and dispute resolution.

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 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.

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 a "Rising Star" by Maryland Super Lawyers from 2009 – 2018 and listed in The Best Lawyers in America®, Construction Law category from 2014 – 2020. He also lectures on various topics of interest to professionals in the construction industry.

Mr. Schollaert also works closely with the Firm's Advocacy and Intellectual Property Groups. He handles and litigates a wide range of commercial and intellectual property disputes.

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

Representative Matters
  • Acted as lead counsel in defense of an international engineering firm from design-defect and delay claims brought by a municipality alleging more than $65 million in compensatory and punitive damages.

  • 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 $800,000,000

  • Obtained a defense verdict for pre-cast subcontractor sued under the theory of promissory estoppel after withdrawing its bid on a parking garage project

  • 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 Honors & Activities

Professional Memberships

  • Member – American Bar Association
    • Forum on the Construction Industry
  • Member – Bar Association of Baltimore City
  • Member – Maryland State Bar Association
    • Chair of Construction Law Section

Community Service

Honoraries

  • Listed in The Best Lawyers in America®, Construction Law Category (2014 – 2020)
  • Listed as a "Top Rated" Construction Litigation attorney by Super Lawyers (2019)
  • Listed as a Maryland Rising Star in Maryland Super Lawyers, Construction Litigation (2009 – 2013, 2015 – 2018); Construction and Real Estate (2014)
Professional Background
  • Summer Associate, Ober, Kaler, Grimes & Shriver
  • Law Clerk, United States Attorney's Office
  • Regulatory Compliance Specialist, LCC International, Inc.
Publications
Speaking Engagements
  • "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)

Industries

Education

  • University of Maryland School of Law, J.D., 2004
    • Order of the Coif
    • Executive Board – The Business Lawyer
  • Connecticut College, B.A., 2000

Admissions

  • Maryland
  • Court of Appeals of Maryland
  • U.S. Court of Appeals for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the District of Columbia

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