Jaburg Wilk

Mark D. Bogard

Partner


Contact

Phone: Work602-248-1058

Email:

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

Assistant: Stephanie Dolfini

Assistant Phone: 602-248-1016

Mark's Practice Areas 
  • Construction Law
  • Administrative Law
  • Commercial Litigation

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. 

Associations and Memberships

Mark is a member of the Arizona State Bar, where he is also a member of the Bar’s Construction and Administrative Law sections. He earned his dual-major Bachelor of Science degree from Wright State University and Juris Doctorate degree from the University of  Toledo College of Law, where he also earned distinction by winning a “moot court” national championship.

  • Recognized by Arizona Business Magazine as among “Top Lawyers” in construction law (2008-2010)
  • Recognized by Ranking Arizona: The Best of Arizona Business as among “Best of Arizona” construction law attorneys (2008-2010)
  • AV Rated- the highest rating by Martindale-Hubbell Law Directory
  • Best Lawyer, 2017 Construction Law
Speaking Engagements and Presentations
  • Past fifteen years he has taught “Payment Rights & Remedies Relevant to the Arizona Construction Industry” and contributed to many similar programs
  • Available upon request for On-Deman Seminars -
  1.  "Arizona Supplier and Contractor Payment Remedies" and
  2.  "How Amberwood Development v Swann's Grading; transaction privilege (TPT) tax and Liability and Risk Transfer Reform issues that impact Arizona contractors" 
Bar Admissions
  • Arizona, 1997
  • U.S. District Court, District of Arizona
  • U.S. Court of Appeals, Ninth Circuit

Education
  • J.D. University of Toledo, 1997
  • B.S., Wright State University, 1992


2016 Best Law Firms by U.S. News 2015 Best Law Firms by U.S. News 2014 Best Law Firms by U.S. News 2013 Best Law Firms by U.S. News Listed in Best Lawyers: The World's Premier Guide 2013 Winner: Best of Our Valley, AzFoothills.com