Michael is a leading construction lawyer and a member of the firm’s Real Estate Litigation team. His practice focuses on representation of all entities in the construction and real estate industries including Owner/Developers, General Contractors and Subcontractors.
Mike has substantial experience in the preparation and negotiation of construction and design contracts for a variety of commercial, industrial and residential projects including office buildings, hotels, manufacturing and processing facilities, condominiums, data centers, hospitals, elder care facilities, mixed-use developments and condominiums. He has significant experience in litigating construction defects claims, including design errors, delay claims and inefficiencies claims on behalf of Owners and Contractors. This litigation experience includes cases involving water intrusion and mold claims.
Mike also has significant experience in general commercial civil litigation, in both federal and state courts, and in arbitrations (ICC and AAA) and mediations, with substantial experience in construction-related litigation, real property disputes – including title claims, restrictive covenants, easements, condemnations, and real property tax assessments – and business-related litigation such as breach of contract, fraud and related unfair competition torts. Mike has tried more than 40 cases, including more than a dozen jury trials in state and federal court. Mike has significant experience representing property owners in Fair Housing Act and ADA cases, including HUD investigations. He has significant appellant experience as well with the Virginia Supreme Court and the Fourth Circuit Court of Appeals. He also has experience in landlord/tenant litigation and land-use related litigation such as partition suits.
- Representation of EPC contractor regarding delay claims and other disputes with respect to construction of a Combined Cycle Power Plant in the US.
- Representation of Contractor in federal court regarding multi-million dollar claim for delays arising from mixed use project.
- Preparation of standard form construction and design agreements for Amtrak.
- Preparation and negotiation of construction and design agreements for national developers, including projects in Virginia, North Carolina, Florida, California, Tennessee, Illinois, Washington, New York, District of Columbia and Georgia.
- Represented of Owner/Developer for $1B mixed use project including use of historical tax credits.
- Representation of natural gas companies with respect to enforcement of easement rights.
- Representation of major car manufacturer in the negotiation of design and construction agreements for greenfield automobile manufacturing plant.
- Representation of hotel management entity regarding defects in fire sprinkler system for upscale resort project in Orlando, Florida.
- Representation of general contractor regarding defects claim with respect to hotel renovation, including claims for mold damage and lost revenue.
- Representation of national property owner in successful challenge to real estate tax assessments for a regional mall.
- Representation of hotel management entity regarding water intrusion claims for upscale resort project in Phoenix, Arizona.
- Representation of natural gas companies with respect to condemnations for new natural gas pipeline.
- Representation of major credit card company with respect to the design and construction of a data center and related construction and design disputes.
- Representation of owner of multi-phase condominium project with respect to design defects resulting in water intrusion and mold.
- Representation of developers of numerous condominium projects regarding warranty defect claims.
- Representation of high end hotel resort owner making construction defect claims in Arizona, Florida and Massachusetts. Claims range from in excess of $30 million to $3 million.
- Advising various U.S. school districts and universities, including the fastest growing school districts in the United States, on procurement and construction matters.
- Advising VISA on construction project of new $400 million data center in the U.S.
- Successful representation of large HOA in a Fair Housing Act case appealed to the Fourth Circuit Court of Appeals – Scoggins v. Lee’s Crossing Homeowners Association, 718 F.3d 262 (4th Cir. 2013).
- Representation of a large apartment owner in Fair Housing Act claim in federal court.
- Representation of national owner of retirement homes in Fair Housing Act investigation by HUD.
Antonin Scalia Law School, George Mason UniversityJD
- The College of William & MaryBA1986
Member, Christian Legal Society
Member, Fairfax County Bar Association
Member, Virginia Bar Association
Member, Virginia State Bar – Construction Law Section
- Speaker, "Practical and Contractual Issues & Impacts from Virginia’s New Prompt Payment Statute", Construction Industry Challenges 2023, May 24, 2023
- Speaker, "Material Cost Escalation and Supply Chain Issues", Construction Industry Challenges 2022, May 24, 2022
- Speaker, "Strategies for Successful Resolution of Energy Disputes", Energy & Commodities Conference, October 30, 2018
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- Supreme Court of Virginia
- U.S. Court of Appeals for the 4th Circuit
Selected for inclusion in The Best Lawyers in America, Litigation – Construction; 2023, 2024; Construction Law, 2024; Woodward/White, Inc.
Named to Band 3, Construction – Virginia, Chambers USA, 2021-2023
Named to “Legal Elite,” Construction Law, Virginia Business, 2016, 2020-2022
AV Preeminent Rating, Martindale Hubbell, 2019
Ranked in Construction Litigation and Washington, D.C., Virginia Super Lawyers, 2014-2019
Named a “Legal Elite,” Virginia’s Best Construction Attorneys, 2008, 2016
Named to “Virginia’s 2010 Leaders in the Law” for work in the construction industry and for community service, 2010
Named a “Legal Elite,” Virginia’s Best Legal Services/Pro Bono Attorneys, 2009-2010
Recipient, James Keith Award for Pro Bono Work, Fairfax Bar Association, 2008