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Mark is a commercial litigation partner who primarily practices in construction-related matters and disputes of nearly all types, with an emphasis on construction payment rights and remedies including private and public payment bonds, mechanics’/materialmen’s liens, stop notices, prompt pay law, and “no-pay” claims before the Arizona Registrar of Contractors. He regularly represents suppliers, subcontractors, general contractors, owners/ developers, registered professionals, and lenders in construction contract formation, trials, arbitrations, administrative actions, and mediation/negotiation/dispute resolution.

Appearing before the civil division of the Arizona State Superior Court is often required in Mark’s practice. His court experience includes jury and bench trials, hearings, and numerous oral arguments, where he has served as lead and co-counsel in a variety of construction and non-construction litigation matters. Mark’s non-construction experience includes commercial contract breach, administrative law matters, commercial foreclosures, creditor rights, and enforcement of money judgments. He has also served as an Arbitrator in several Maricopa County Superior Court compulsory arbitration actions.

In addition to having traditional Superior Court civil litigation skills, he appears regularly before various administrative agencies and forums, most frequently the Arizona Registrar of Contractors and Arizona Office of Administrative Hearings. Mark’s hearings and appearances before the Registrar of Contractors include prosecuting and defending allegations concerning workmanship, “no-pay” complaints, and various regulatory issues that can arise when the construction contract is breached. He has also been involved in appeals from the Registrar’s office to the Superior Court, District Court, and 9th Circuit Court of Appeals. Mark has extensive experience in construction matters which fall within the parallel jurisdictions of the Registrar’s office and the civil courts.

Contact & Links
Location
  • 1850 N. Central Avenue, Suite 1200
    Phoenix, AZ 85004
Education
  • University of Toledo, J.D., graduated 1997
  • Wright State University, BS, graduated 1992
Bar Admissions
  • Arizona, 1997
Affiliations
  • Arizona State Contractor's Coalition - Co-Chair
  • Maricopa County Bar Association, Construction Law Section - Member
  • Maricopa County Superior Court - Arbitrator
  • Moot Court Environmental Law Section - National Champion
  • State Bar of Arizona, Construction Law Section - Member
Court Admissions
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court, Arizona

Jaburg Wilk PC
Headquarters: Phoenix, Arizona

15 The Best Lawyers in America® awards

6 Best Lawyers: Ones to Watch® in America awards

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Recognized in The Best Lawyers in America® 2024 for work in:
  • Construction Law
  • Litigation - Construction
Awards:
  • Distinguished Faculty - Lorman Education Services
  • Martindale-Hubbell Client Champion Silver 2017, 2018, 2019, 2020, 2021, 2022, 2023
  • Best Lawyers -Construction Law 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024
  • AV Rated Preeminent from Martindale-Hubbell
Additional Areas of Practice:
  • Commercial Litigation
  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Administrative / Regulatory Law

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Four Points Every Arizona Subcontractor Must Know About Construction Defect Claims


Residential Construction Defect (“CD”) litigation begins when unsatisfied homeowners file claims against the developer/general contractor (“GC”) for alleged construction defects.

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Mark D.

Bogard

Arizona Mechanics’ Lien Rights Expand Under New Law


Amending A.R.S. § 33-992.01 applies to construction projects where lienable activities (such as labor, materials, professional services, equipment/machinery, fixtures, and tools) are “first commenced to be furnished from and after December 31, 2019.”

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Mark D.

Bogard

Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects


Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

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Mark D.

Bogard

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