Michael C. Carroll

Biography

Michael C. Carroll

Partner

Location: Honolulu, Hawaii
Phone: (808) 523-9000
Fax: (808) 533-4184
Email: MCarroll@LegalHawaii.com
vCard: vcard

Michael Carroll is one of Hawaii’s top rated real estate attorneys being recognized by Super Lawyers as a Rising Star in 2013-2015, a recognition that is only given to 2.5% of the lawyers in the state, and was selected by Best Lawyers in Hawaii as one of Hawaii's best lawyers in the area of Litigation-Real Estate in 2017.  He zealously represents his clients’ interests to obtain results.  He works closely with his clients to understand their objectives, finds creative solutions to problems, and battles and negotiates hard to resolve disputes to obtain the best results for his clients.

Mr. Carroll's practice areas include real estate and construction litigation, complex business and commercial litigation, and land use. His clients include developers, contractors, associations, corporate and business entities, governmental entities, and private individuals.  He has handled multiple large and complex cases.

Real Estate, Construction, Complex Business and Commercial Litigation, and Land Use Experience

  • Representing the owner of a beach front property in Kailua on a claim for breach of a listing agreement to sell his home. The case went to a two week jury trial where we successfully defended the case and prevailed on all claims before the jury.
  • Representing the proponents of the Maui moratorium on genetically engineered crops in litigation regarding the enforcement of the ordinance against the County of Maui and two of the largest chemical seed companies in the world.
  • Representing small businesses in Kakaako against the City and County of Honolulu and a private corporation involving ownership of major public streets, including Queen Street.
  • Representing a large hotel and mixed use developer concerning a dispute involving the construction of a luxury residential and club project on Maui, Hawaii. The claims involved the general contractor, electrical subcontractor, and the bonding company concerning millions of dollars in alleged damages.
  • Representing a State agency relating to four large residential development projects on three islands, in which the developer and contractor defaulted on the projects and filed for bankruptcy.
  • Representing a national construction surety in defense of multiple claims asserted by a general contractor pursuant to a cost-plus contract. The general contractor had entered into a Completion Contract with the surety after the original general contractor had defaulted.
  • Representing a large electrical contractor in a dispute with the general contractor with respect to a large federally funded project on one of Oahu’s major military bases.
  • Representing the owner of a large development project in South Kohala, State and County of Hawaii, in various land use proceedings relating to the entitlements for the property.
  • Representing a well established hotel owner and others against various claims asserted by parties claiming to have an interest in various hotels and resort properties held by our client.
  • Representing a lien holder in a foreclosure action against the owner of a large mixed use parcel, that included a multi-unit condominium complex in Hilo, Hawaii.
  • Representing a demolition and site work subcontractor on a large military housing project, concerning various claims against the general contractor on the project.
  • Representing various owners at a Waikiki condominium 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.
  • 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 claimed 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.
  • 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 is a regular speaker concerning legal issues, and has published a number of articles.  For example, in 2014, Mr. Carroll was honored to be a co-presenter and co-author of “Building Codes in Hawaii” and “Construction Lien Law in Hawaii.”   These publication and presentations addressed building codes and construction liens under Hawaii law.  In 2013, Mr. Carroll was a co-presenter and co-author of “Litigating Disputes over Easements and Restrictive Covenants.”  This publication and presentation outlined various legal issues concerning easements and restrictive covenants.  In 2012, Mr. Carroll was a co-presenter and co-author of “Construction Defect Litigation: From A to Z.”  This publication and presentation outlined various issues concerning construction defect litigation.  Mr. Carroll is also has an article that is published with the John Marshall Law Review entitled "The Development of Native Hawaiian Self-Determination" 33 J. Marshall L. Rev. 639 (Spring 2000).  The law review article that discussed the issues concerning Native Hawaiian Self Determination.

Mr. Carroll was raised in Hawaii and is a graduate of the University of Hawaii at Manoa. 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 the Lead Articles Editor for the John Marshall Law Review and was 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.  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.

Professional Associations and Membership

  • Member Hawaii State Bar Association
  • Member American Bar Association
Areas of Practice
  • Real Estate Law and Litigation
  • Land Use Law and Litigation
  • Commercial and Complex Litigation
  • Corporation and Partnership Litigation
  • Trusts and Estates Litigation
Bar Admissions
  • Hawaii, 2002
  • U.S. Federal Courts
  • U.S. District Court District of Hawaii
  • U.S. Court of Appeals Ninth Circuit
Education
  • The John Marshall Law School, Chicago, Illinois
    J.D. Cum Laude – 2002
  • University of Hawaii at Manoa,
    Bachelor of Arts in Psychology – 1997