Email: mbmeaker@sundt.com
Website: www.sundt.com
Under Grad: The University of Arizona (Bachelor of Arts in Communication & Psychology, graduate of Honors College, 2000)
Law School: James E. Rogers College of Law, The University of Arizona (JD 2003)
States Where Company Operates/Does Business: Throughout most of the United States
Q:
Describe your background and the path you took to becoming in-house counsel.
A: In high school I was a Speech and Debate geek and found that not only did I enjoy competing with my team, but also that I had some skill at it. I went to the University of Arizona intending to be an Aerospace Engineering major. One day into orientation, it was clear that was not the path for me and I pivoted. I focused my undergraduate studies with an eye to going to law school and with the desire to better “understand people.” To this day, the things I learned in college about non-verbal communication and motivation serve me well. I graduated law school in 2003 and purely by luck landed at a residential construction defect law firm. My early experience was defending home builders in class actions. After this, I worked for several firms solely focused on construction litigation, which was my primary experience for the first part of my outside counsel career. During the Great Recession (2007 – 2009), it became clear that a broader role as an “Outside General Counsel” who got involved in advising and avoiding litigation as well as litigating when disputes were inevitable was well suited to my skillset. At this time, I began to build a client base of both transactional and litigation clients. This was how I approached the remainder of my outside counsel career. After 14 years of law firm practice, I moved in-house 6 years ago. The construction law generalist role, combined with the opportunity to be a part of the business in non “legal” ways, fits me very well.
Q: Describe your experience in the construction industry.
A: I was fortunate enough to join the construction industry right from the beginning of my career. I have defended residential construction defect claims and learned the size and scale of class action lawsuits. I have been involved in multi-party mechanic's lien foreclosures where there was a genuine issue around the priority and/or validity of liens. I have been involved in licensure disputes and with the formation of joint ventures. And since coming in-house, I have negotiated project contracts of all shapes and sizes and resolved the largest claim I ever had in my career before a three-member Dispute Resolution Board. At present, I serve as group counsel for two of Sundt’s operating groups – Industrial and Transportation. In this role, I provide legal support for the negotiation of prime contracts and revisions to “downstream” agreements, in addition to any other questions that might arise. In addition, I am also our company’s primary internal employment law resource and manage some of Sundt’s litigation, including payment disputes, insured claims and car accident cases. I truly get to act as a construction law generalist.
Q: What kind of work does your company do? Do you focus on specific sectors, states or regions?
A: Sundt is a 133 year old, one hundred percent employee-owned general contractor. We currently are licensed in over 35 states and have offices throughout the country. Our operating groups are broken down into building (dormitories, hospitals, K-12 schools, and similar projects), transportation (runways, light rail, bridges, freeways, etc.), industrial (water/wastewater, semiconductors, mining, etc.) and renewables (utility grade solar). One of our current national focuses is in the water and wastewater space.
Q:
What advice would you give to outside counsel about how to meet or even exceed their client's expectations?
A: The first piece of advice for outside counsel is straightforward and may seem basic, but it is very important: the client is hiring YOU, not your law firm. The in-house lawyer is not wowed by firm letterhead or by the accomplishments of high profile partners. Rather, we sought you out and hired you because we believed you would be a good fit for our team. Sundt’s legal team is relatively small, and we seek straightforward advice for our company. I am looking for authenticity and candid assessments, and I expect outside counsel to set attainable expectations for both of us and then actually meet them. This includes when it's best to settle and what range should the matter settle for. We also expect counsel to listen and understand what our company needs to accomplish and understand that we also have an internal client in the business. I want to know, if it was your company on the line, what would you be willing to do and not do? Good outside counsel will be a strong advocate when appropriate, while at the same time helping us to not become blinded by it. For example, an advocacy piece can easily persuade a member of our internal business team that the case is stronger than it realistically is. Finally, one of the most important communications you can provide a client is the monthly bill. I should be able to look at it and see the value of the time and not be surprised by either the amount billed or the efforts undertaken.
Q: What is your experience litigating or arbitrating construction disputes? Was your experience generally positive or negative and why?
A: I litigated and arbitrated cases for 14 years as outside counsel, and I currently manage a wide variety of cases in litigation and in arbitration in-house, with the support of outside counsel. It has been generally a positive experience, in spite of occasional frustrations. I have learned to accept what those of us who are engaged in litigation know – that the adversarial system is one of the worst ways to solve disputes. Disputes at my company are in litigation typically because we could not solve the matter at the project level, which I believe is the ideal place to do so, because the parties at that level have relationships. One of the best things about being in-house counsel and providing advice before a dispute escalates to litigation or arbitration is getting to help resolve disputes before they escalate.
Q: What are some of your interests or hobbies?
A: My wife and I just celebrated our 15th wedding anniversary. We have two daughters (14 and 11). When not at work, my primary focus is the three of them. This includes attending volleyball and softball games, as well as being a top flight Girl Scout Cookie salesperson (around the office I am know as the “Cookie Dad”). My wife and I also share a passion for public policy and community service. I served on the Arizona Board of Regents (the governing body for Arizona’s university system) in law school, and my wife worked at the White House for a couple of years right out of college. This mutual passion was a driving force around my efforts to develop a Government Relations program at Sundt. We are in our second year of a five year plan I spearheaded and at present it is focused in Arizona. I am happy to be a part of a company that supports its employee-owners and which is committed to making a difference in the community.
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