Michael T. Kennedy, Jr. is a Partner of Berding | Weil in the litigation department. Michael has been involved in residential and commercial construction litigation for over 20 years, dating to his time working full time during law school for a firm representing homeowners in construction defect matters.
Michael's experience and insight into the construction industry helps quickly identify building defects and the necessary investigation methods. This knowledge leads to concise investigations, which ultimately saves the experts' time and this savings is then passed onto our clients.
Every construction defect claims needs to be pushed through the legal system quickly. Most cases settle, but some proceed to trial. In every case, the builder and its insurance carriers assess the property owner's counsel, and their willingness and ability to proceed to trial. Therefore, the property owner needs attorneys who are known trial lawyers, who can and will prevail at trial if necessary.
Michael has represented building owners, homeowner associations, homeowners, developers, general contractors, subcontractors, and insurance carriers throughout California in a wide variety of construction and real estate transaction disputes for all types of properties including luxury high rise, mid rise, urban work/live buildings, single family homes, and commercial properties.
After several years of representing builders and their insurance companies, he now exclusively represents property owners in claims against builders. Michael's extensive experience gives him unique insight into their strategies and approaches to defending and resolving construction defect claims.
He has tried over 20 construction defect cases as well as numerous binding arbitrations and represents HOAs and property owners in matters dealing with construction defects and building performance issues from the pre-litigation SB800 process through discovery, mediation, trial, and appeal. He has also represented HOAs, LLCs, and corporations as General Counsel. Michael has also represented owners and investors through real estate transactions and formation of property owning partnerships and other entities.