Michael C. Zisa

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Michael C. Zisa

Co-Managing Partner

Chair - Surety and Construction Related Insurance Defense

Co-Chair - Crisis Management

Washington D.C

P +1 202.293.8815

F +1 202.293.7994

"Whether assisting with contract negotiations, performance disputes, claim analysis, ADR or litigation, I take pride in understanding my clients' businesses and objectives for each matter and use this understanding to address their legal questions but also to develop solutions that meet their business objectives."

Bio

Highlights

Admissions

State of Maryland

District of Columbia

Commonwealth of Virginia

State of New Jersey

U.S. Court of Appeals for the District of Columbia

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the District of Maryland

U.S. District Court for the District of Columbia

U.S. Bankruptcy Court for Maryland

U.S. Bankruptcy Court for the District of Columbia

U.S. Bankruptcy Court for the Eastern District of Virginia

U.S. Court of Federal Claims

Memberships

American Bar Association (Construction Industry Forum, Fidelity and Surety Law section, Litigation section)

District of Columbia Bar Association (Government Contracts and Litigation section)

Virginia State Bar (Construction Law and Public Contracts section)

Maryland Bar Association

Construction Lawyers Society of America (Fellow)

National Association of Surety Bond Producers (Attorney Advisory Board Member)

Montgomery County Maryland Bar Association

Washington Building Congress

Associated General Contractors of DC

Little Flower Catholic School Fathers Club (President)

BCC Youth Baseball Coach

Education & Courses

Seton Hall University, School of Law, J.D.

Susquehanna University, B.A.

Awards & Recognitions

Chambers USA, Construction, 2021 - 2022

Washington, D.C. Super Lawyers, 2014 - 2021

Publications & Presentations

More Money More Claims: Contractor Disputes With the Federal Government, National Association of Surety Bond Producers – 2022 East Meeting (Fall 2022)

How to Prepare a Claim that Will Maximize Your Recovery and Maximize Your Costs and Recovery Time, Associated Builders and Contractors (ABC) of Metro Washington seminar (Spring 2022)

Contract Killer Clauses and How to Negotiate Out of Them, ConsensusDocs Webinar (Winter 2022)

Who’s the Designer? Recognizing and Mitigating Design Risk in Construction Contracts, NASBP Webinar (Fall 2021)

Force Majeure & Beyond – How to Protect Your Right in the COVID-19 World, Construction Financial Management Association (CFMA)’s Hybrid Conference & Exhibition (Summer 2021)

From Planning to Delivery – Building Surety Confidence, Risk Management in Underground Construction Conference (Spring 2021)

Risk Management in Underground Construction: From Planning to Delivery – Building Surety Confidence (Spring 2021)

Joint Ventures in Construction, Part 3: Joint Ventures Involving the Federal Government’s Small Business Programs, Surety Bond Quarterly, (Spring 2021)

Joint Ventures in Construction, Part 2: The JV Agreement, Surety Bond Quarterly, (Winter 2020)

Joint Ventures in Construction, Part 1: Benefits, Risk & Considerations, Surety Bond Quarterly, (Fall 2020)

“Subcontractor Failure to Pay Employee Wages Could Fall on General Contractors,” Construction Executive (November 2020)

Killer Contract Clauses and How to Neutralize Them (January 2019)

Special Circumstances in Surety Bonding: Death, Disability, Divorce, Departure, and More, National Association of Surety Bond Producers (Summer 2019)

Killer Contract & Bond Clauses & How to Neutralize Them, Tokio Marine HCC - Surety Group, Best Bond on the Beach (Spring 2019)

A New Risk to Consider: A Surety's Liability Under the False Claim Act, The Construction Lawyer, ABA Forum on Construction Law, Volume 38, Number 3 (Summer 2018) (co-author)

Navigating the Construction Risk Minefield: Surety, Legal and Otherwise, International Risk Management Institute’s 37th Construction Risk Conference (Winter 2017)

Performance Bonds in Virginia, Virginia Bar Association, 38th Annual Construction and Public Contracts Law Seminar (Winter 2017)

Killer Contract Clauses & How to Neutralize Them, 98th Annual Associated General Contractors National Convention (Spring 2017)

Pursuit of Claims on Public Projects, HMS Insurance (Spring 2017)

Preparation of Claims Against the Federal Government – It's Not the Same Claim You Would Submit on a Private Project, Surety Bond Quarterly (Spring 2017)

Top Ten Contract Killer Clauses & How to Neutralize Them, Associated General Contractors of America (June, 2016)

Joint Ventures in Construction, National Association of Surety Bond Producers (Spring and Fall, 2016)

Fraud: The New Mantra of Federal Contracting & How it will Affect the Surety Industry, Tokio Marine HCC - Surety Group, Best Bonds on the Bayou (May, 2016)

Fraud: The New Mantra of Federal Contracting & How it will Affect the Surety Industry, National Association of Surety Bond Producers (February, 2016)

Why Bond Forms Matter…A Practical Guide to Better Bonding, ConsensusDocs (January, 2015)

Alternative Project Delivery, Alternative Risks: Are Construction Managers More at Risk?, Surety Bond Quarterly (Fall, 2015)

Mid-Project Changes in Construction Financing - Practical Consideration, National Association of Surety Bond Producers (May, 2015)

Federal Construction Contracting Seminar, National Association of Surety Bond Producers (June, 2015)

Top Ten Killer Contract Clauses, Construction Financial Management Association (Spring, 2015)

Killer Contract Clauses, ConsensusDocs Construction Law Newsletter (Summer, 2015)

Surety's Entitlement to Contract Proceeds, Tokio Marine HCC - Surety Group (Fall, 2014)

Joint Ventures in Construction, National Association of Surety Bond Producers (Fall, 2014)

Accidental Waiver of Claims, Tokio Marine HCC - Surety Group (Fall, 2012)

Legal Implications for Building Code Violations, Lorman (Fall, 2012, 2013)

Performance Bond Surety’s Right to Complete, Tokio Marine HCC - Surety Group (Fall, 2010)

Subcontracting Issues, NECA and SMACNA Maryland Chapters (various dates, 2008-2009)

Federal Mentor-Protégé Program (Winter, 2004) (co-organizer)

Opportunities for Small and Growing Businesses with the District of Columbia and Federal Government (Winter, 2003) (co-organizer)

Researching Bankruptcy Law on the Internet, The Construction Lawyer, Spring, 2002 (co-author)

The District of Columbia Practice Manual, Government Contracts Section, 11th Ed. 2002 (co-author)