Michael C. Zisa

Michael C. Zisa focuses his practice on construction, surety and government contracts law and is Chair of the Surety and Construction Related Insurance Defense Practice Group. He has successfully represented sureties, general contractors, subcontractors and owners in litigation before federal and state courts in Washington, D.C., Maryland and Virginia as well as various contract appeals boards and in alternative dispute resolution forums. Although well-versed in the litigation process, Mr. Zisa regularly assists and counsels clients to avoid litigation when possible through planning and preemptive actions including contract review and negotiation, contract administration assistance and claim analysis and development.

Michael C. Zisa

Chair - Surety and Construction Related Insurance Defense

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202.293.8815

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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

Mr. Zisa represents construction clients on public and private projects with regard to a variety of matters ranging from prosecution and defense of breach of contract and request for equitable adjustment claims to payment bond, performance bond and mechanic’s lien claims. His work for surety clients includes analysis and defense of payment bond and performance bond claims, negotiation and administration of takeover arrangements and prosecution of subrogation and indemnity actions. In addition to a construction, surety and government contracts practice, Mr. Zisa represents business entities ranging from sole proprietorships to Fortune 500 companies with regard to commercial litigation and transactional matters.

Mr. Zisa regularly speaks and writes on construction and surety issues and has been recognized by Washington, D.C. Super Lawyers in the areas of construction litigation, surety and government contracts since 2014.

Before joining Peckar & Abramson, Mr. Zisa was the managing partner of a Chambers USA ranked boutique construction litigation and surety firm. He lives in Bethesda, Maryland with his wife and three children.

Practice

Highlights

Admissions

Maryland State Bar

District of Columbia Bar

Virginia State Bar

New Jersey State Bar

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

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

Montgomery County Maryland Bar Association

Washington Building Congress

AGC of DC

President, Little Flower Catholic School Fathers Club

Education

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

Susquehanna University, B.A.

Awards and Recognitions

Washington, D.C. Super Lawyers in Surety, Construction and Government Contracts, 2014 - 2019

Publications & Presentations

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)