Mark Bogard

Partner

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ASSISTANT: Stephanie Dolfini
Mark Bogard

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.

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.

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.

Education
  • J.D. University of Toledo, 1997
  • B.S., Wright State University, 1992
Bar Admissions
  • Arizona, 1997
  • U.S. District Court, District of Arizona
  • U.S. Court of Appeals, Ninth Circuit
Awards & Recognition
  • Martindale-Hubbell, Rated AV Preeminent
  • Martindale-Hubbell Client Champion Silver 2017, 2018, 2019, 2020, 2021, 2022
  • Best Lawyers, Construction Law, Litigation- Construction, 2017, 2018, 2019, 2020, 2021, 2022, 2023
  • Phoenix Magazine - Top Lawyer, Construction, 2022
  • "Distinguished Faculty" recognition from Lorman Education Services for his construction law seminars

Best Lawyers Award Badge

Lorman distinguished faculty

Community Involvement
  • 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
Seminars & 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.

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