For over fifteen years, Mr. Gibson has represented numerous types of entities, small and large, local and international, in all types of commercial disputes. He also has extensive experience representing clients in environmental, cross-border, and international matters. His direct approach as a business litigator has delivered successful results in the areas of construction, commercial real estate, and environmental law.
Mr. Gibson represents clients before California and Federal administrative agencies when licensing and regulatory compliance issues are involved, earning him the reputation of an expert in risk management and liability prevention. In addition, the San Diego attorney offers advice and counsel to clients on how to avoid claims and lawsuits. With each client and matter, his goal is to achieve efficient, effective, and economical results and solutions for his clients.
Even with extensive experience in his field, Mr. Gibson treats each client and case as unique and believes that “one size does not fit all.” He gives each case individual analysis and delivers solutions based on the distinctive aspects and details of the situation.
Construction and Real Estate
Mr. Gibson’s balanced construction and real estate practice includes his representation of local, national, and international companies. His clients are comprised of owners (both public and private), developers, architects, engineers, general contractors, and subcontractors, both as plaintiffs and defendants in a wide variety of litigation. He also represents clients before the California Contractors State License Board and Department of Real Estate defending accusations filed by those agencies. Mr. Gibson co-chaired the San Diego County Bar Association’s Construction Law Section and is a frequent speaker on new developments in construction and real estate law.
Hospitality & Retail
As a seasoned home-brewer himself, Mr. Gibson helps the Firm’s craft brewing clients navigate through the local, state and federal regulations impacting their industry. Armed with his experience in environmental and real estate law, he also advises clients on environmental affairs and insurance and leasing issues so they can focus on their craft. When administrative agencies investigate or file accusations against his clients (including craft breweries, hotels, and related components of the hospitality industry), Mr. Gibson uses his courtroom skills to defend and resolve such claims.
As environmental standards and regulations have become more stringent and complex over the years, Mr. Gibson has been at the forefront of toxic tort/environmental litigation representing a wide variety of clients throughout California alleged to have violated local, state, and federal environmental laws. These include the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the Superfund Act), National Environmental Policy Act (NEPA), California Environmental Quality Act (CEQA), and other California and Federal statutes and regulations. His experience includes compliance counseling, defense of lawsuits and administrative enforcement proceedings involving air, soil and water quality, hazardous waste, and toxic substance management.
In his personal life, Mr. Gibson devotes time as a Board Member to GLD Housing, Inc., a San Diego non-profit, which oversees several low-income senior housing developments. His greatest joy in life is raising his son, Max, with his wife, Karen.
Schedule Your Consultation with Michael Gibson
Meet Michael Gibson
Over the last 15 years I’ve developed a specialty in risk management. That has come from my experience litigating construction and real estate disputes. And rather than come in at the end of a problem, I try to get in front of the problem with the clients, try to bring some value-added service because risk is never stagnant. It’s always changing. And you need to be able to identify risk, develop programs to assess and contain risk, and periodically review it. You can’t take things for granted. You have to be proactive and get in front of the problem before it gets in front of you.
Project Labor Agreements
A project labor agreement is a contract between a project owner or prime contractor in one more construction labor unions. Under these agreements the unions involved agree not to strike the project, thereby ensuring labor peace. In exchange, all contractors performing work on the project will be required to employ union labor on the job. Needless to say, this has generated a lot of controversy, particularly on publicly funded projects. The attorneys at Higgs Fletcher & Mack can walk you through the legal components and practical considerations of these agreements.
Three Things to Ask Before Signing a Construction Contract
I’m Michael Gibson, an attorney at Higgs Fletcher & Mack. Before signing a construction contract here are three questions you should ask to help ensure you are protected. First, ask how the project is being financed and determine what options you have to secure payment. Second, find out if the construction drawings and specifications have been tested for completeness and constructability. Third, review and understand your insurance and indemnity obligations. The Construction Attorneys at Higgs Fletcher & Mack can help you address these and other legal issues you might encounter when contracting for a construction project.
I’m Michael Gibson at Higgs Fletcher & Mack. In California, anyone can file a lawsuit. However, through appropriate risk management, it is possible to reduce your exposure if you are ever sued. Three elements comprise effective risk management: risk identification, risk assessment and development of measures to contain risk. In our experience, one response measure does not fit all risks. Some must be accepted; while others risks can be mitigated or avoided altogether. Risk management can be a complex, inexact science. However, the attorneys at Higgs Fletcher & Mack can assist you in assessing the risks you face and outlining options to address them.
Insurance Issues for Vintners and Brewers
There are four basic types of insurance that every business should consider: property, liability, worker’s compensation and business interruption.
For breweries and wineries, additional types of coverage include crop insurance; to cover your grapes or hops, storage and transportation, intellectual property, product withdrawal expenses and liquor liability. The amount of insurance you need should be measured against your risk tolerance. We at Higgs Fletcher & Mack can help walk you through the risks your company face and protect the investment of time, energy and capital you have put into your business.