Adam Cizek

Mr. Cizek is a seasoned construction lawyer with extensive courtroom and arbitration experience.  He often serves in the role of outside general counsel, drafting and negotiating contracts and advising clients on the avoidance, resolution and prosecution of construction claims.  He is additionally experienced in the representation of sureties.
 
Mr. Cizek’s clients include owners, developers, tenants, general contractors, subcontractors, suppliers and sureties.  He is experienced in construction litigation in both federal and state courts, before the American Arbitration Association and other ADR forums. He regularly prosecutes and defends mechanic's lien claims on behalf of owners, developers, tenants, general contractors, subcontractors and suppliers.  He also represents sureties in connection with various commercial surety bonds.

Recognitions

• The Best Lawyers in America^®, Construction Law and Litigation - Construction (2024-2027), Real Estate Law and Litigation - Real Estate (2027)
• Maryland Super Lawyers^®, Construction/Surety "Rising Star" (2010–2013)
• Chambers USA, Construction, Maryland (2025)

Memberships & Activities

• Member:  Maryland State Bar Association, Construction Law Section
• Member:  American Bar Association Forum on the Construction Industry
• Member:  American Bar Association, Tort and Insurance Law Practice Section, Fidelity and Surety Law Committee
• Member: Associated General Contractors
• Board Member: UMAR Boxing Program, Inc.
• Board of Trustees: Harriet Lane Home Foundation
• Committee Member: American Cancer Society, Fighting Cancer from the Fairways

Clerkship

• Honorable Stephen M. Waldron, Maryland Circuit Court, Harford County

Construction Law, Contracts Claims and Litigation

• Successfully defended a distributor of specialized HVAC products against a competitor’s allegations of violations of the Maryland Equipment Dealer Contract Act and various tort causes of action, with claims amounting to approximately $20M.  The trial court granted summary judgment in favor of our client on all claims, and the Court of Special Appeals of Maryland subsequently affirmed the trial court ruling.
• Obtained $3.6 million jury verdict in favor of general contractor and against design/builder
• Representation of national commercial builder in multimillion dollar mechanic’s lien litigation
• Representation of major railroad in mechanic’s lien litigation involving substation 
• Counseled non-profit communities managed by Erickson Retirement Communities on various mechanic’s lien issues
• Representation of national homebuilder in mechanic’s lien actions
• Representation of general contractor in multimillion dollar construction litigation involving labor productivity claims
• Defense of general contractors, subcontractors and officers, directors and managing agents of contractors against Maryland Construction Trust Fund claims

Surety Bond Claims

• Representation of sureties before the Court of Special Appeals and Court of Appeals of Maryland in payment bond claim litigation
• Representation of sureties before the United States District Court for the District of Maryland and the United States Court of Appeals for the Fourth Circuit in indemnity and bond claim actions

Contract Preparation and Negotiation

• Representation of developer in negotiation of $105 million mixed use construction project
• Representation of Fortune 500 company in negotiation of $100 million build-out of office space and retail store
• Representation of community associations in negotiation of numerous large construction contracts related to common elements of communities
• Representation of general contractor in negotiation of contract to construct large multifamily project
• Representation of subcontractors in negotiating subcontracts on multimillion dollar commercial projects 
• Representation of church in negotiating multimillion dollar cost plus fee with a guaranteed maximum price contract for the construction of a new church

Insurance Coverage & Defense Litigation

• Representation of subcontractors in construction defect litigation
• Representation of entity under D&O policy in multimillion dollar employment litigation 
• Representation of Subguard insurer in subrogation action against defaulting subcontractor in federal court

Real Estate Litigation

• Representation of Real Estate Developer in multimillion dollar litigation involving fraud claims related to undisclosed adverse subsurface conditions

Government Contracts

• Representation of contractor on federal project in successfully disputing and converting termination for cause to termination for convenience
• Representation of surety in litigation with public school board over defaulted contractor

Presentations: Understanding Bonding and Insurance Issues in Construction, HalfMoon Education Inc. presents "Construction Law," February 5, 2014; New Laws Impacting Construction/Contracting Industry, Whiteford/CR Construction Industry Seminar, January 16, 2014

Publications: Fifty State Construction Lien and Bond Law, Co-Author of Maryland Chapter; Fourth Circuit Vacates Summary Judgment in Favor of Miller Act Payment Bond Surety Under "Pay-if-Paid" Provision Where Material Disputes of Fact Exist as to the Applicability of the "Prevention Doctrine," Fidelity & Surety Law Committee Newsletter, Spring 2011; Court Holds That Assignment Provision in Indemnity Agreement Trumps Anti-Assignment Provision in Construction Contract, Fidelity & Surety Law Committee Newsletter, 2007; IRS Notice of Levy on Bonded Contract Funds: What Does the Surety Do Next, Northeast Surety & Fidelity Claims Conference, 2007; The Financing Surety as a Performing Surety - Law and Practice, Northeast Surety & Fidelity Claims Conference, 2003; Payment Provisions in Construction Contracts and Construction Trust Fund Statutes:  A Fifty State Survey, The Construction Lawyer, Fall Ed., 2004, presented at the Northeast Surety & Fidelity Claims Conference, 2004

Contributor:   The Law of Motor Vehicle Dealer Bonds