Owen, Gleaton, Egan, Jones & Sweeney, LLP

1180 Peachtree Street, N.E., Suite 3000 Atlanta, Georgia 30309
404.688.2600

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M. Michael Egan

Partner

Mike Egan’s practice involves counseling of owners, architects, sureties, construction product manufactirers, and builders on matters including design, finance, building, and fidelity and surety disputes. Mr. Egan is an approved arbitrator for the American Arbitration Association’s Construction Industry Panel of Arbitrators, and a member of the American Bar Association’s Fidelity and Surety Committee on the Construction Industry.

Mr. Egan is an Atlanta native, a cum laude graduate of Duke University (B.A. 1972; M.A. 1973) and a cum laude graduate of the University of Georgia School of Law (J.D., 1976), where he was Notes Editor of the Georgia Law Review. After graduation from law school, Mr. Egan served as law clerk to the Hon. Wilbur D. Owens, Jr., United States District Court for the Middle District of Georgia. Mr. Egan has written and lectured on a number of construction law issues. For a complete listing of Mr. Egan’s writings on construction law and surety issues, please follow this link to Publications, Papers, and Programs.

Education

  • University of Georgia, J.D., 1976
    • Cum laude
    • Georgia Law Review
  • Duke University, B.A. 1972; M.A. 1973
    • Cum laude

Admissions

  • Georgia

Admitted to Practice

  • All Georgia state courts
  • Eleventh Circuit Court of Appeals
  • U. S. District Court

 

Professional or Trade Affiliations/Memberships

  • American Arbitration Association’s Construction Industry Panel of Arbitrators
  • ABA Fidelity and Surety Committee on the Construction Industry
  • Georgia Bar Association
  • American Bar Association
  • Atlanta Bar Association

Honors & Awards

  • 2016 U.S. News & World Report Best Lawyers
  • AV Preeminent Martindale Hubbell rating

Publications

  • "Chapter Seven: The Indemnity Agreement and the Handling of Surety Claims," The Surety's Indemnity Agreement- Law & Practice 2d Edition (2008)
  • "Owner Defenses to Lien Claims and Removal of Invalid Liens," Construction Mechanics and Materialmen's Liens, Georgia Institute of Continuing Legal Education (Atlanta, May, 2007)
  • "Practical Implications of Bankruptcy on the Parties Rights in a Construction Contract," The Construction Lawyer (Vol.22:2, Spring 2002)
  • "Defending a Mechanics Lien Foreclosure Action," Construction Mechanics' and Materialmen's Liens, Georgia Institute of Continuing Legal Education (Atlanta, May, 2001)
  • "Construction Claims against Public Payment Bonds," Construction Mechanics' and Materialmen's Liens, Georgia Institute of Continuing Legal Education (Atlanta, May, 2000)
  • "The Owner's Perspective on Three AIA Forms: The New B141, the A312 Performance Bond and the G707 Consent of Surety to Final Payment," Commercial Real Estate Law, Georgia Institute of Continuing Legal Education (Atlanta, December, 1997)
  • Program Chair, Construction Mechanics' and Materialmen's Liens, Georgia Institute of Continuing Legal Education (Atlanta, May, 1997)
  • "Construction Claims Against Public Payment Bonds," Construction Mechanics' and Materialmen's Liens, Georgia Institute of Continuing Legal Education (Savannah, May, 1996)
  • Program Co-Chair, Construction Law Summit: Contract Termination in Public and Private Construction, ABA Forum on the Construction Industry, Section of Public Contract Law and TIPS Fidelity & Surety Law Committee (New York, October, 1996)
  • "Dispute Resolution," American Bar Association, TIPS Fidelity & Surety Law Committee (paper presented to the Mid-Year Meeting, Fidelity & Surety Law Committee, New York, 1995)
  • "Chapter 12: Discharge of the Performance Bond Surety," and "Chapter 13: The Surety's Other Performance Bond Defenses," The Law of Suretyship, American Bar Association, Torts and Insurance Practice Section (paper presented for the Fidelity & Surety Law Committee in New York, Chicago, Los Angeles and Atlanta) (1993)
  • "Foreclosure of a Mechanics and Materialmen's Lien," Construction, Mechanics' & Materialmen's Liens, Georgia Institute of Continuing Legal Education (Atlanta, May, 1992)
  • "Representing the Georgia Surety," Construction Law, Georgia Institute of Continuing Legal Education (Atlanta, November, 1991)
  • "Enforceability of Arbitral Awards," Arbitration Day, American Arbitration Association (Atlanta, November, 1990)
  • "Chapter 2 - Case Management" Construction Litigation:  Strategies and Techniques (Wiley Law Publications, 1989)
  • "Construction Contracts:  Contract Formation and How to Avoid Problems," paper presented to the Concrete Reinforcing Steel Institute National Meeting (Chicago, 1989)
  • "Construction Claims Under Georgia Law," The Cambridge Institute (1988)
  • Program Chair, Construction Litigation, Georgia Institute of Continuing Legal Education (Atlanta, April, 1986)
  • "Damages Against A Surety, Including An In Depth Look at Punitive Damages," First Annual Meeting of the Forum Committee on the Construction Industry (Denver, April, 1985)
  • "Is the Language of Bonds Really Clear?:  An Examination of Old Bond Forms and the New AIA Bonds,"  TIPS Fidelity & Surety Law Committee (paper presented to the Annual Meeting, Fidelity & Surety Committee, Washington, D.C., July, 1985)
  • "Construction Contract Disputes and the Surety," Construction Contract Disputes, Atlanta Bar Association (Atlanta, November, 1983)
  • "Civil Constitutional Law,, 31 Mercer Law Review 885 (1980) (Fifth Circuit Survey)
  • "Cost-Benefit Analysis in the Federal Courts:  Judicial Review Under NEPA," 9 Georgia Law Review 417 (1975)
  • "Redistributive Impact of the Atlanta Rapid Transit System," 42 Southern Economic Journal 49 (1975) (coauthored) (a version of Master's thesis)
  • "Income Distribution Effects of the Atlanta Transit System," 516 Transportation Research Record 35 (1974) (coauthored) (a version of Master's thesis)