Michael D. Lane
 

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Mike primarily practices in the areas of insurance and construction law. Mike has considerable experience handling complex, large-loss property damage and construction defect claims. During his 18-year career, Mike has litigated numerous complex property damage claims arising from storms, such as Hurricanes Katrina, Rita, Gustav, Ike, Harvey, Laura, and Ida. Mike regularly represents businesses seeking to recover property damage or lost business income from hurricane damage and other natural disasters.

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In the construction arena, Mike primarily advises and represents developers, general contractors, subcontractors, and suppliers on contract and litigation matters. Mike has been involved with several high-profile construction disputes (such as the Hard Rock Hotel collapse), successfully handled numerous Public Bid Law disputes, and represented contractors before the Louisiana State Licensing Board for Contractors. Mike has also tried cases in state and federal court and before arbitration panels.

Mike regularly publishes articles and presents educational seminars on insurance and construction topics for industry groups and organizations, including the American Bar Association, New Orleans Bar Association, Levelset, and Associated Builders and Contractors, among others. Mike recently wrote a chapter on expert testimony in the Construction Trial Deskbook published by the American Bar Association. Mike also serves as a member of the Louisiana State Bar Journal and the Louisiana State Bar Ethics Committee and was recently elected Chairman of the Attorney Council for the American Subcontractors Association.

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RECENT PUBLICATIONS AND PRESENTATIONS

• Presenter, Extreme Winds on Built Environment and Recent Changes in Building Codes, American Bar Association, Forum on Construction Law, September 2022

• Author, White Paper, Impact of Arbitration Clauses on Hurricane Ida Claims, August 2022

• Author, Construction Trial Deskbook, Chapter 6 (Expert Witnesses), American Bar Association, Forum on Construction Law, August 2021

• Co-Author, Insurance Coverage for Project-Related Losses Amid COVID-19, Engineering News-Record Magazine, May 2020 

• Author, Restoration of Surety’s Right to Enforce Conditional Payment Clauses on State Projects, Surety Claims Institute Newsletter, Volume 33, No. 3, September 2019 

• Author, Are CM’s Now “At Risk”?, Under Construction, Vol. 20, Issue 2, December 2018 

• Author, Federal Government Escapes Liability in Class-Action Seeking Recovery of Damages Caused by Hurricane Katrina, The Dispute Resolver, August 2018 

• Contributor, Succession Planning – Advising Clients on Growth, Transitions, and Continuity, American Bar Association Forum on Construction Law, Annual Meeting, April 2018 

• Co-Author, Proliferation of Lead-Exposure Litigation Creates New Risks for Contractors, Under Construction, Vol. 19, Issue 2, December 2017 

• Author, Practice Update: Fourth Circuit Affirms Prior Decision on Premature Filing of Statements of Claim Under the Louisiana Public Works Act, New Orleans Bar Association, Construction Law Committee, April 2017 

• Author, Practitioners Beware: Fourth Circuit Renders Decision on Premature Filing of Statements of Claim Under the Louisiana Public Works Act, New Orleans Bar Association, Construction Law Committee, May 2016 
   

REPRESENTATIVE MATTERS 

• Recovered more than $7 million for New Orleans metro area hotel due to Hurricane Ida damage after rejecting insurer’s attempt to invoke appraisal.

• Represented condominium association in Florida and successfully mediated and settled Hurricane Ian claim without filing suit.

• Recovered more than $3 million for a nursing home located in Houma for losses arising from Hurricane Ida.

• Defended general contractor in more than 100 cases stemming from hotel collapse in New Orleans, including civil litigation and OSHA proceedings.

• Represented condominium association in Texas on building that sustained extensive damage due to hard freeze and recovered more than 10 times initial payment from insurer.

• Represented a subcontractor defending against a $7 million subrogation claim brought pursuant to a Subguard policy. 

• Represented three major subcontractors in a consolidated litigation involving the University Medical Center in New Orleans with claims totaling more than $40 million. 

• Represented contractor on roadway construction projects involving claims for extra compensation of nearly $5 million due to unsuitable and unstable soil conditions. 

• Obtained summary judgment dismissing several hundred residential property damage claims against a general contractor that performed extensive drainage work in the New Orleans uptown area. 

• Defended a commercial property insurer in litigation involving a condominium tower with property damage claims in excess of $25 million. 

• Represented a general contractor on several apartment complex projects in Georgia and Florida in disputes with owners overpayment and scope of work. 

• Successfully resolved claim of more than $10 million on behalf of an insulation contractor for extra work performed in an industrial facility in Texas. 

• Represented mechanical subcontractor in contract disputes with general contractor and federal government related to renovations of Naval and Air Force stations in the Southeast U.S. 

• Defended general contractor in several trials in bankruptcy court against claims by government agencies seeking recovery of damages due to suspension of work. 

• Pursued claims on behalf of an owner of a ship-building facility in southern Louisiana against a general contractor for damages arising from differential settlement. 

• Successfully defended a movie theater against claims arising from property damage to a nearby restaurant caused by extensive water intrusion. 

• Obtained dismissal of claims against a pile-driving subcontractor related to an office building and health club project. 

• Successfully mediated a dispute on behalf of a developer of a nursing home in Baton Rouge for claims of defective design against an architect. 

• Represented a grocery store chain in a dispute involving the condition of facilities sold in an asset purchase agreement.