Michael Kennedy serves common interest developments as litigation and trial counsel for governing document enforcement and related litigation, as well as construction defect claims involving both multifamily and commercial projects through mediation, litigation, arbitration, and trial when necessary. Michael also represents HOAs in land use and easement disputes and advises them regarding inspection and repair methodology and protocols, Davis Stirling Act compliance, and major repair/reconstruction projects. Michael has been involved in real estate, construction defect litigation and business for over 30 years.
Michael has served as lead trial counsel in more than 50 trials and arbitrations and hundreds of mediations. He began his career representing builders and their insurance carriers, where he gained firsthand insight into how they evaluate, defend, and resolve construction defect claims. After several years of defense work, he shifted to representing property owners against builders. That background, combined with his trial record, strengthened his clients' negotiating position, since builders and insurers are often reluctant to face experienced trial counsel in court.
Over the course of his career, Michael has represented building owners, homeowner associations, homeowners, developers, general contractors, subcontractors, and insurance carriers throughout California in a wide range of construction and real estate disputes. His matters have involved luxury high-rises, mid-rises, urban live/work buildings, single-family homes, and commercial properties.
He has tried more than 20 construction defect cases and numerous binding arbitrations. He has represented HOAs and property owners and served as general counsel to HOAs, LLCs, and corporations, and has advised owners and investors on real estate transactions and the formation of property-owning partnerships and other entities.
Michael is licensed to practice in California and Hawai'i, before the U.S. Court of Appeals for the 9th Circuit, and the U.S. District Courts for the Northern, Central, Eastern, and Southern Districts of California, and for the District of Hawai'i.
His professional affiliations include the Legislative Committee of the Associated General Contractors; Executive Council of Homeowners (ECHO); Community Associations Institute (CAI); and California Association of Community Managers (CACM). He has served as a Judge Pro Tem in the Alameda County Superior Court and serves as a Discovery Facilitator in the Contra Costa County Superior Court.
(925) 838-2090
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