
Mike C. Carroll
Partner
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Michael Carroll strives tirelessly to obtain results
for his clients.
He works closely with his clients to understand their objectives,
finds proactive solutions to problems, and battles and negotiates
hard to resolve disputes to obtain the best results for his clients.
He has a passion for helping his clients resolve their legal problems.
Mr. Carroll's practice areas include real estate and
construction
litigation, complex business litigation, and land use. His clients
include developers, contractors, corporate and business entities,
governmental entities, governmental entities, and private individuals.
Examples of Mr. Carroll's work include:
▪ Representing Kapalua Bay,
LLC, a joint venture between
Marriott International, Exclusive Resorts (SM), LLC, and Maui
Land & Pineapple, Inc., concerning a dispute between the general
contractor and electrical subcontractor relating to a construction
project of a luxury residential and club project known as the
Residences and Ritz Carlton Club at Kapalua, located at Maui,
Hawaii.
▪ Representing the State of Hawaii, Department of
Hawaiian
Home Lands, with respect to various claims involving a developer
and contractor on four large development projects on three
islands, in which the developer and contractor defaulted on the
projects and filed for bankruptcy. Mr. Carroll successfully
negotiated a settlement with the bonding company to resolve all
claims.
▪ Representing Bridge Aina Le'a, LLC ("Bridge"),
the owner
of approximately 1,060 acres of undeveloped property in South
Kohala, State and County of Hawaii, in various land use proceedings
relating to the entitlements for the property.
▪ Representing the Hawaii Prince Hotel Waikiki
Corp. and
others against various claims asserted by parties claiming to have
an interest in various hotels and resort properties held by our client.
We successfully prevailed on a motion to dismiss the complaint,
and then prevailed on the subsequent appeal.
▪ Representing Bridge Capital (USVI), LLC in a
foreclosure
action against Waiakea Villas, LLC, the owner of the Waiakea
Villas, a multi-unit condominium complex in Hilo, Hawaii. We
successfully represented Bridge in obtaining summary judgment
in the foreclosure action in which Bridge ultimately credit bid on
the property and took title to 162 of the approximate 300 units on
the property.
▪ Representing Kalaka Nui, Inc., the demolition
and site work
subcontractor on a large military housing project at Hickam Air
Force Base, concerning various claims against the general contractor
on the project. Our office was able to successfully negotiate a
settlement of the various claims with the general contractor.
▪ Representing various owners at the Foster
Tower, a
condominium tower in Waikiki, against the restaurant tenant and
others for nuisance and other claims relating to the construction
of a scrubber unit outside the restaurant. The scrubber emitted
cooking exhaust that impacted the units with odor. Our office was
able to successfully negotiate a settlement agreement in which the
defendants agreed to remove the scrubber and install a new
ventilation system in which the exhaust did not impact any of the
units.
▪ Representing the designer of a pool in Guam who
was sued
by an individual that was severely injured when he dove into the
swimming pool. The plaintiff claim was that the pool was
negligently designed because, among other things, the steps in the
pool were allegedly not clearly visible and there was allegedly
inadequate signage. As a result of key depositions, we were able
to negotiate a favorable settlement for our client.
▪ Representing the architect and engineer that
designed a
roadway. Our clients were sued in a wrongful death action
stemming from an automobile accident on the roadway. We
prevailed on various Motions for Summary Judgment and were
able to settle the case favorably for our client.
▪ Representing multiple contractors in various
construction
disputes, mechanic's liens, pass-through claims, direct claims, and
other actions.
▪ Representing multiple property owners
concerning various
disputes relating to purchase and sale agreements, disclosures, title
claims, encroachment issues, and other various issues affecting
ownership.
Mr. Carroll has also authored several publications:
▪ Mr. Carroll was the co-author of "How to
Litigate Claims of
Undisclosed Defects in Real Estate Transactions in Hawai'i"
(2003). This publication outlined various legal
issues concerning
undisclosed defects with Hawaii lawyers as the intended audience.
▪ Mr. Carroll was the author of "The
Development of Native
Hawaiian Self-Determination" 33 J. Marshall L. Rev. 639
(Spring 2000), a law review article that discussed the issues
concerning Native Hawaiian Self Determination.
Mr. Carroll is a graduate of the University of Hawaii
at Manoa,
where he received a Bachelor of Arts in Psychology. He then
attended John Marshall Law School, where he graduated Cum Laude,
and was on the Dean's List all six semesters. During law school,
Mr. Carroll was active in the Law Review, acting as the Lead
Articles Editor, responsible for editing articles submitted and prepared
by legal professionals and scholars. Mr. Carroll was also active in
Moot Court, and was a Semi-Finalist in the Thomas Tang Moot
Court competition, a national competition that included law schools
from across the country. He was also the President of the Asian
American Law Student's Association, where he worked closely on
issues affecting the Asian American community. After graduating
from law school, Mr. Carroll served as a Law Clerk to the
Honorable Corinne K.A. Watanabe, Associate Judge with the
Intermediate Court of Appeals, before joining Bays Lung Rose &
Holma.
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