Jaburg Wilk

Mark Bogard



Phone: Work602-248-1058


Jaburg Wilk
Work 3200 N. Central Avenue Suite 2000 Phoenix, AZ   85012

Assistant: Stephanie Dolfini

Assistant Phone: 602-248-1016

Mark is an Arizona business law attorney focusing his practice in construction matters. Mark helps clients avoid costly expenses and minimize litigation risk by assisting them in negotiating and documenting smart contracts, pursuing common and creative dispute resolution options, asserting payment remedies including mechanics’/materialmen’s liens and payment bonds, and by vigorously prosecuting or defending their positions in court or before the Registrar of Contractors. Mark's clients span the construction hierarchy, from design professionals and material suppliers to subcontractors, general contractors, owners/developers, and lenders. Mark's construction experience includes residential and commercial, private and public, ROC licensing and regulation, and litigating claims of all kinds, including breach of contract, prompt payment, lien foreclosure, payment bond, stop notice, and suspension/termination of performance. More

Seminars and Presentations

On Demand Seminars:

Mark can present in-house seminars on the following topics:

  • How Amberwood Development v Swann’s Grading; transaction privilege (TPT) tax and “Liability and risk transfer reform” issues impact Arizona subcontractors
  • Arizona supplier and contractor payment remedies

Recent Seminars:

  • AWCI Annual Member Meeting and Education Forum: "Dissecting Indemnity Clause" - May, 2018
  • Mark created, coordinated, and facilitated the May meeting of the Arizona State Bar Construction Law Council - May 2018
  • Mark presented “Liability and risk transfer reform” issues for Arizona subcontractors and the impact of new Amberwood Development v Swann’s Grading for Arizona Subcontractors Association.
  • He also recently presented - How Amberwood Development v Swann’s Grading; transaction privilege (TPT) tax and “Liability and risk transfer reform” issues impact Arizona subcontractors presented to the Arizona State Contractors’ Coalition.

Case Highlights

Helping contractors and suppliers collect payment: As one example, Mark helped a large general contractor preserve his ability to collect payment on nearly all of two million dollars owed him on a quasi-federal project where the defunct owner had to file bankruptcy.

Getting paid after lien rights are lost: He has assisted several material suppliers and contractors position themselves to recover payment in situations where they had lost lien and/or payment bond rights in addition to saving owners, lenders and general contractors from paying twice (or more) on liened or bonded projects where such liens or bond claims were not properly perfected.

Professional Experience
  • Practices construction disputes, lien law, payment bond law, collection matters, and declaratory judgment litigation.
  • Regularly appears before the Arizona Registrar of Contractors on allegations of construction defect in materials, their application, and other ROC administrative matters as well as appearing at Office of Administrative Hearings.
  • Trial court experience includes jury and bench trials as well as representing clients in construction matters which fall within the dual jurisdictions of the Registrar's office and trial courts.
Professional and Civic Service
  • Co-Chair of Arizona State Contractor's Coalition 
  • Work with Arizona Subcontactors Assocation Executive Council and Arizona legislature on "Proportional Liabilty and Risk Transfer Reform" issues
  • Teaches several construction related seminars including "Payment Rights & Remedies Relevant to the Arizona Construction Industry"
  • Serves as an arbitrator for the Maricopa County Superior Court
  • Member, State Bar of Arizona, Construction Law Section
  • Member, Maricopa County Bar Association, Construction Law Section
  • Moot Court National Champion for the Environmental Law Section
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