Michael E.Wagner, Jr.
Partner
Construction
mewagner@seyfarth.com
Mike represents owners, developers, design professionals, general contractors, and subcontractors in complex construction, design, and surety-related disputes on both public and private projects throughout the United States and abroad.
More About Mike
Construction projects include multiple parties and stakeholders, unique risk sharing arrangements, and complicated contracts and other legal obligations, each of which must be carefully considered and addressed. Plus, no one project is alike. Clients look to Mike to help them navigate the nuances of this intricate landscape and the laws applicable to their projects.
Mike offers a unique perspective to the practice of construction and government contracts law. Prior to becoming an attorney, he worked for a general contractor, where he was involved in preconstruction and project and risk management for multiple commercial and government construction projects, with a focus on heavy-civil, highways, utilities, and other public infrastructure work. He also gained substantive experience working for an electrical subcontractor. As a result, Mike has hands-on experience and an intimate knowledge of the industry and the challenges that clients face. He understands the law and speaks the language of construction, so when a client calls, he can hit the ground running.
Mike has participated in all aspects of a construction project—from project conception, design, contract negotiation, and preconstruction—through the stages of project delivery, construction, close-out, and operation. As a result, he has substantial experience in both transactional work and claims and disputes.
Mike regularly drafts and negotiates construction and design contracts on behalf of owners, general contractors, and subcontractors in order to allocate and mitigate risks and avoid disputes and the associated expense. He has drafted customized agreements for clients and also has experience working with form agreements, such as the AIA, DBIA, and ConsensusDocs. Mike’s transactional work spans multiple different project delivery methods, including design-bid-build, design-build, EPC, and public-private partnerships (P3).
When disputes arise, Mike knows how to resolve them. He maintains a diverse practice as a litigator, having represented clients in state and federal courts, before the US Court of Federal Claims and Boards of Contract Appeals, and in multiple alternative dispute resolution proceedings, including mediation and arbitration.
As part of his practice, Mike also assists government contractors with compliance and counseling and in the preparation and handling of Requests for Equitable Adjustment (“REAs”) and claims on government construction projects (local, state, and federal).
Mike enjoys the challenging work, interesting projects, and innovative and collegial work environment at Seyfarth, and is proud to work at a firm that is a trusted advisor to the construction industry.
Mike offers a unique perspective to the practice of construction and government contracts law. Prior to becoming an attorney, he worked for a general contractor, where he was involved in preconstruction and project and risk management for multiple commercial and government construction projects, with a focus on heavy-civil, highways, utilities, and other public infrastructure work. He also gained substantive experience working for an electrical subcontractor. As a result, Mike has hands-on experience and an intimate knowledge of the industry and the challenges that clients face. He understands the law and speaks the language of construction, so when a client calls, he can hit the ground running.
Mike has participated in all aspects of a construction project—from project conception, design, contract negotiation, and preconstruction—through the stages of project delivery, construction, close-out, and operation. As a result, he has substantial experience in both transactional work and claims and disputes.
Mike regularly drafts and negotiates construction and design contracts on behalf of owners, general contractors, and subcontractors in order to allocate and mitigate risks and avoid disputes and the associated expense. He has drafted customized agreements for clients and also has experience working with form agreements, such as the AIA, DBIA, and ConsensusDocs. Mike’s transactional work spans multiple different project delivery methods, including design-bid-build, design-build, EPC, and public-private partnerships (P3).
When disputes arise, Mike knows how to resolve them. He maintains a diverse practice as a litigator, having represented clients in state and federal courts, before the US Court of Federal Claims and Boards of Contract Appeals, and in multiple alternative dispute resolution proceedings, including mediation and arbitration.
As part of his practice, Mike also assists government contractors with compliance and counseling and in the preparation and handling of Requests for Equitable Adjustment (“REAs”) and claims on government construction projects (local, state, and federal).
Mike enjoys the challenging work, interesting projects, and innovative and collegial work environment at Seyfarth, and is proud to work at a firm that is a trusted advisor to the construction industry.
- JD, University of Baltimore School of Law
Cum laude
- BS, Mount St. Mary's University
BusinessMagna cum laude
- District of Columbia
- Maryland
- Virginia
- US Court of Federal Claims
- US District Court, District of Maryland
Related Key Industries
- Represented international general contractor in claims and the defense of a termination for default before the Armed Services Board of Contract Appeals arising out of United States Army Corps of Engineers construction project.
- Represented national general contractor in defense of construction defect claims on hospital project in Maryland.
- Defended regional general contractor against mechanical subcontractor’s claims for extra work, delays, and labor impacts and inefficiencies.
- Represented international security company in dispute with the US Government filed in the US Court of Federal Claims arising out of contract to provide security services in Germany.
- Prepared multiple REAs and claims for heavy-civil contractor on project for Maryland state government agency and before the Maryland State Board of Contract Appeals.
- Represented federal contractor in pursuit of Contract Disputes Act (“CDA”) claims for changes, delays, and labor inefficiencies in trial before the Civilian Board of Contract Appeals.
- Prosecuted and defended multiple mechanic’s lien claims on behalf of owners, contractors and subcontractors.
- Represented electrical subcontractor in claims against owner and general contractor arising out of privatized military housing project at Fort Meade, Maryland.
- Represented owner in defense of claims for delays and extra work on casino project.
- Prepared claims for general contractor against public utility company due to delays, labor impacts and inefficiencies, and direct costs associated with differing site conditions and design changes, and successfully mediated dispute to resolution.
Related News & Insights
-
Firm News
08/15/2024
220 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2025
-
Firm News
01/19/2024
Seyfarth Names 19 New Partners
-
Attorney Publication
12/14/2023
Now Available! Seyfarth’s 50 State Lien Law Notice Requirements Guide (2023-2024 Edition)
-
Speaking Engagement
Sep 19, 2023
Michael Wagner to Speak on The Morning Huddle Podcast
- Recognized as a "Rising Star" by The Legal 500 for Construction (2022-2024)
- Recognized as a "Ones to Watch" lawyer by Best Lawyers in America (Woodward/White Inc.) for Litigation - Construction (2023-2024) and Construction Law (2024)
- American Bar Association (Construction Law and Litigation sections)
- Washington Building Congress
- Associated Builders and Contractors, Metro Washington Chapter
- Associated Builders and Contractors, Chesapeake Shores Chapter
- National Utility Contractors Association, DC Chapter
- Co-Author, "Civilian Board of Contract Appeals Decision Provides Guidance to Contractors Seeking to Recover Additional Costs Due to COVID-19," Legal Update, Seyfarth Shaw LLP (May 11, 2020)
- Co-Author, "A201 Playbook for COVID-19: Avoiding Pitfalls and Mitigating Risk on Construction Projects," Legal Update, Seyfarth Shaw LLP (April 16, 2020)
- Co-Author, "DC Mayor Orders Closure of Non-Essential Businesses and Prohibition on Large Gatherings," Legal Update, Seyfarth Shaw LLP (March 25, 2020)
- Co-Author, "Virginia Governor Orders Restrictions on Restaurants, Recreational Facilities, Entertainment Venues, Large Gatherings, Non-Essential Retail Businesses, and K-12 Schools," Legal Update, Seyfarth Shaw LLP (March 25, 2020)
- Co-Author, "Maryland Governor Orders Closing All Non-Essential Businesses and Other Establishments," Legal Update, Seyfarth Shaw LLP (March 24, 2020)
- Presenter, "Contractual Solutions to Cost Escalation," The Morning Huddle podcast (April 19, 2022)
- Presenter, "Maryland Engineering Law & Ethics: Contract Law Primer for Engineers," Webinar, HalfMoon Seminars (August 20, 2020)
- Co-Presenter, "Advanced Construction Contracts: Crisis Response, Risk Management, and Dispute Resolution," Half Moon Seminars (July 27, 2020)
- "Construction Site Data Disclaimers: Who Really Carries the Risk?," Webinar for Lorman (August 26, 2019)
Mike represents owners, developers, design professionals, general contractors, and subcontractors in complex construction, design, and surety-related disputes on both public and private projects throughout the United States and abroad.
More About Mike
Construction projects include multiple parties and stakeholders, unique risk sharing arrangements, and complicated contracts and other legal obligations, each of which must be carefully considered and addressed. Plus, no one project is alike. Clients look to Mike to help them navigate the nuances of this intricate landscape and the laws applicable to their projects.
Mike offers a unique perspective to the practice of construction and government contracts law. Prior to becoming an attorney, he worked for a general contractor, where he was involved in preconstruction and project and risk management for multiple commercial and government construction projects, with a focus on heavy-civil, highways, utilities, and other public infrastructure work. He also gained substantive experience working for an electrical subcontractor. As a result, Mike has hands-on experience and an intimate knowledge of the industry and the challenges that clients face. He understands the law and speaks the language of construction, so when a client calls, he can hit the ground running.
Mike has participated in all aspects of a construction project—from project conception, design, contract negotiation, and preconstruction—through the stages of project delivery, construction, close-out, and operation. As a result, he has substantial experience in both transactional work and claims and disputes.
Mike regularly drafts and negotiates construction and design contracts on behalf of owners, general contractors, and subcontractors in order to allocate and mitigate risks and avoid disputes and the associated expense. He has drafted customized agreements for clients and also has experience working with form agreements, such as the AIA, DBIA, and ConsensusDocs. Mike’s transactional work spans multiple different project delivery methods, including design-bid-build, design-build, EPC, and public-private partnerships (P3).
When disputes arise, Mike knows how to resolve them. He maintains a diverse practice as a litigator, having represented clients in state and federal courts, before the US Court of Federal Claims and Boards of Contract Appeals, and in multiple alternative dispute resolution proceedings, including mediation and arbitration.
As part of his practice, Mike also assists government contractors with compliance and counseling and in the preparation and handling of Requests for Equitable Adjustment (“REAs”) and claims on government construction projects (local, state, and federal).
Mike enjoys the challenging work, interesting projects, and innovative and collegial work environment at Seyfarth, and is proud to work at a firm that is a trusted advisor to the construction industry.
Mike offers a unique perspective to the practice of construction and government contracts law. Prior to becoming an attorney, he worked for a general contractor, where he was involved in preconstruction and project and risk management for multiple commercial and government construction projects, with a focus on heavy-civil, highways, utilities, and other public infrastructure work. He also gained substantive experience working for an electrical subcontractor. As a result, Mike has hands-on experience and an intimate knowledge of the industry and the challenges that clients face. He understands the law and speaks the language of construction, so when a client calls, he can hit the ground running.
Mike has participated in all aspects of a construction project—from project conception, design, contract negotiation, and preconstruction—through the stages of project delivery, construction, close-out, and operation. As a result, he has substantial experience in both transactional work and claims and disputes.
Mike regularly drafts and negotiates construction and design contracts on behalf of owners, general contractors, and subcontractors in order to allocate and mitigate risks and avoid disputes and the associated expense. He has drafted customized agreements for clients and also has experience working with form agreements, such as the AIA, DBIA, and ConsensusDocs. Mike’s transactional work spans multiple different project delivery methods, including design-bid-build, design-build, EPC, and public-private partnerships (P3).
When disputes arise, Mike knows how to resolve them. He maintains a diverse practice as a litigator, having represented clients in state and federal courts, before the US Court of Federal Claims and Boards of Contract Appeals, and in multiple alternative dispute resolution proceedings, including mediation and arbitration.
As part of his practice, Mike also assists government contractors with compliance and counseling and in the preparation and handling of Requests for Equitable Adjustment (“REAs”) and claims on government construction projects (local, state, and federal).
Mike enjoys the challenging work, interesting projects, and innovative and collegial work environment at Seyfarth, and is proud to work at a firm that is a trusted advisor to the construction industry.
- JD, University of Baltimore School of Law
Cum laude
- BS, Mount St. Mary's University
BusinessMagna cum laude
- District of Columbia
- Maryland
- Virginia
- US Court of Federal Claims
- US District Court, District of Maryland
Related Key Industries
- Represented international general contractor in claims and the defense of a termination for default before the Armed Services Board of Contract Appeals arising out of United States Army Corps of Engineers construction project.
- Represented national general contractor in defense of construction defect claims on hospital project in Maryland.
- Defended regional general contractor against mechanical subcontractor’s claims for extra work, delays, and labor impacts and inefficiencies.
- Represented international security company in dispute with the US Government filed in the US Court of Federal Claims arising out of contract to provide security services in Germany.
- Prepared multiple REAs and claims for heavy-civil contractor on project for Maryland state government agency and before the Maryland State Board of Contract Appeals.
- Represented federal contractor in pursuit of Contract Disputes Act (“CDA”) claims for changes, delays, and labor inefficiencies in trial before the Civilian Board of Contract Appeals.
- Prosecuted and defended multiple mechanic’s lien claims on behalf of owners, contractors and subcontractors.
- Represented electrical subcontractor in claims against owner and general contractor arising out of privatized military housing project at Fort Meade, Maryland.
- Represented owner in defense of claims for delays and extra work on casino project.
- Prepared claims for general contractor against public utility company due to delays, labor impacts and inefficiencies, and direct costs associated with differing site conditions and design changes, and successfully mediated dispute to resolution.
Related News & Insights
-
Firm News
08/15/2024
220 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2025
-
Firm News
01/19/2024
Seyfarth Names 19 New Partners
-
Attorney Publication
12/14/2023
Now Available! Seyfarth’s 50 State Lien Law Notice Requirements Guide (2023-2024 Edition)
-
Speaking Engagement
Sep 19, 2023
Michael Wagner to Speak on The Morning Huddle Podcast
- Recognized as a "Rising Star" by The Legal 500 for Construction (2022-2024)
- Recognized as a "Ones to Watch" lawyer by Best Lawyers in America (Woodward/White Inc.) for Litigation - Construction (2023-2024) and Construction Law (2024)
- American Bar Association (Construction Law and Litigation sections)
- Washington Building Congress
- Associated Builders and Contractors, Metro Washington Chapter
- Associated Builders and Contractors, Chesapeake Shores Chapter
- National Utility Contractors Association, DC Chapter
- Co-Author, "Civilian Board of Contract Appeals Decision Provides Guidance to Contractors Seeking to Recover Additional Costs Due to COVID-19," Legal Update, Seyfarth Shaw LLP (May 11, 2020)
- Co-Author, "A201 Playbook for COVID-19: Avoiding Pitfalls and Mitigating Risk on Construction Projects," Legal Update, Seyfarth Shaw LLP (April 16, 2020)
- Co-Author, "DC Mayor Orders Closure of Non-Essential Businesses and Prohibition on Large Gatherings," Legal Update, Seyfarth Shaw LLP (March 25, 2020)
- Co-Author, "Virginia Governor Orders Restrictions on Restaurants, Recreational Facilities, Entertainment Venues, Large Gatherings, Non-Essential Retail Businesses, and K-12 Schools," Legal Update, Seyfarth Shaw LLP (March 25, 2020)
- Co-Author, "Maryland Governor Orders Closing All Non-Essential Businesses and Other Establishments," Legal Update, Seyfarth Shaw LLP (March 24, 2020)
- Presenter, "Contractual Solutions to Cost Escalation," The Morning Huddle podcast (April 19, 2022)
- Presenter, "Maryland Engineering Law & Ethics: Contract Law Primer for Engineers," Webinar, HalfMoon Seminars (August 20, 2020)
- Co-Presenter, "Advanced Construction Contracts: Crisis Response, Risk Management, and Dispute Resolution," Half Moon Seminars (July 27, 2020)
- "Construction Site Data Disclaimers: Who Really Carries the Risk?," Webinar for Lorman (August 26, 2019)