Practice Expertise
- Litigation
- Alternative Dispute Resolution
- Construction Industry
Areas of Practice
- Alternative Dispute Resolution
- Construction Industry
- Litigation
- ADR Center
Profile
Mark has had a focus on the construction industry for many years in his practice. Mark has represented owners (public and private), contractors, specialty contractors, and professionals in a wide variety of disputes in several different states. The projects have included commercial buildings, bridges, roadways, manufacturing plants, industrial power plants, electrical stations and projects on nuclear sites. Mark has pursued and defended all types of claims including delay, acceleration, change orders and resulting impacts, MCAA factors, and basic claims for breach of contract. The claims have ranged in amounts from $200,000 to $25 million +.
During Mark's 40 year career at Dinsmore, he has also had the opportunity to provide counsel in a wide variety of practice areas. Mark has served as lead counsel on sale and merger transactions with values of several hundred thousand dollars up to transactions of over $100 million. By representing tower companies, Mark has gained valuable experience in the commercial real estate
and regulatory areas. During his career, Mark has served as outside "general counsel" for numerous clients which has provided him with extensive experience in day to day employment issues and disputes, including non-compete and non-solicitation litigation, and commercial financing (including workout) transactions.
Mark has tried to judgment cases in arbitration as well in State and Federal Courts, including jury and bench trials. Most trials have included construction projects but the most recent bench trial involved the defense of a multi-million dollar claim based on an "earn-out" provision contained in an Asset Purchase Agreement. Mark and his partner obtained a full defense verdict.
While always an aggressive advocate for clients, Mark has also worked to exhaust settlement efforts to avoid costly litigation and trials by working with opposing counsel or through mediation to bring disputes to a negotiated resolution. Mark has served as counsel to parties in single and multi-party mediations that have occurred in numerous jurisdictions including Ohio, New Jersey, Missouri, Wisconsin, Washington D.C., Kentucky, and Alabama.
In furtherance of Mark's interest in cost effective and timely resolution of disputes, Mark completed a 40 hour mediation training course at the Libscomb University Institute for Conflict Management in Nashville. Mark is available to serve as a mediator and use his considerable expertise, experience, and training to assist parties to develop negotiated solutions to disputes.
Bar Admissions
- Ohio
- Kentucky
Court Admissions
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Western District of Tennessee
- U.S. District Court for the Eastern District of Kentucky
Education
- University of Cincinnati College of Law (J.D., 1983)
- Order of the Coif
- Purdue University (B.S., 1979)
- B.S. Civil Engineering
- Lipscomb University--Institute for Conflict Management (Certificate, 2022)
- Rule 31 Civil Mediation Training
Areas of Practice
- Alternative Dispute Resolution
- Construction Industry
- Litigation
- ADR Center
Professional Career
- Order of the Coif
- Peer Review Rated AV in Martindale-Hubbell
- Best Lawyers© (1995 - present)
- Commercial Litigation; Construction Law; Litigation – Construction
- "Lawyer of the Year" in Cincinnati for Litigation - Construction (2014)
- Cincinnati-Hamilton County Community Action Agency's Bridge Builders Award (2000)
- Ohio Super Lawyers®
- Top Lawyers in Kentucky (2014)
- Benchmark Litigation Star in Ohio (2016)
- Cincinnati Bar Association Academy of Leadership for Lawyers, Class of 1999
Professional Associations
- Ohio State Bar Association
- Cincinnati Bar Association
- Kentucky State Bar Association
- Cincinnati Reds Hall of Fame, board member (2015-present), past President (2020-2022)
- Firm Construction Industry Practice Group, past chair
- Cincinnati Bar Association Construction Law Committee, past chair
- Appointed to Supreme Court of Ohio Board of Bar Examiners, past member
- Center for Chemical Addictions Treatment, trustee, past president
- Appointed to Anderson Township Board of Park Commissioners, past president
- Boys Hope/Girls Hope of Cincinnati, past board member and co-chair
- Riverhills Homeowners Association, past trustee
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