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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.
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Chat withState: Arizona
Acquired: 1997
No misconduct found
Showing 1 - 5 of 5 client reviews from Avvo
Posted by Jennifer | May 22, 2015
Mark Bogard has provided guidance as well as represented us on a few cases, giving our company a broader customer base while minimizing risk. His extensive knowledge and attention to detail stand out and he is very responsive to our needs in this fast paced construction market. It is a pleasure to wo...
Posted by Ben | May 30, 2013
Mark has had the experience of specializing in the area of construction law during the most challenging times in our industry. The recession that hit our industry brought out unique circumstances and turmoil at the highest rate that I have seen in my career. We have been using Mark and his firm for a...
Posted by Patricia | May 21, 2013
Mark provided guidance and excellent legal advice on several occasions when faced with customers who did not want to pay for services rendered. In addition to that, I have attended his seminars on Payment Remedies, which greatly reduced situations where we had no recourse. Our collections percentage ...
Posted by Becky | May 20, 2013
Our company hired Mark Bogard to provide counsel regarding a potential breach of contract. Mark was patient, knowledgeable, responsive and easy to do business with. I would highly recommend Mark Bogard!
Posted by anonymous | January 7, 2013
I hired him to collect money owed to me from an Arizona-based LLC and an individual. The entire time he was more busy trying to collect money from me than collecting money from the defendants for me. I felt he purposely ran up time to get another set of retainer. When I told him that I will review...
This client's matter was aggresively contested by opposing counsel and a counterclaim was filed against her and her company. She never paid more than her original $5k retainer amount, and my firm and I were compelled to withdraw from further representation due to nonpayment and refusal to replenish the retainer. I later learned that her prior counsel was also unpaid. Adding insult to economic injury, this person is now defaming me with posts such as this. My mistake was not recognizing sooner that this person is a bad apple. In 16 years of practice, I've had to withdraw from represention approximately five times. Unfortunately, this was one of those times.
"Mark and I have worked together on several matters, and I refer clients to him. He is intelligent, strategic, and (most importantly) seeks to serve his clients. I wholeheartedly endorse him."
"Mark is an excellent, conscientious attorney constantly striving for creative and cost-efficient resolutions for his clients."
"Mark is an exceptional attorney and an even better person. Mark cares about his clients and works hard to address their problems not only legally, but from a practical standpoint. I endorse this lawyer."
"Mark is a very skilled attorney. Mark truly cares about his clients. His attention to detail is extraordinary and his case strategy skills ensures that best results for his clients. I highly recommend Mark."
"Mark is a fantastic construction attorney. He has a passion for this area of practice and it shows in the service and level of work he provides to his clients."
"I endorse Mark. He is an experienced litigator with a wide and deep knowledge of Arizona lien and construction law. His skills make him a valuable asset to any construction company doing business in the state."
"I endorse this lawyer for his skills in representing contractors in dispute resolution and litigation"
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AV Rated 2012- Present, Martindale-Hubbell
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Distinguished Faculty, Lorman Education Services
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Client Champion Silver 2017, 2018, 2019, 2020, 2021, 2022, Martindale-Hubbell®
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Construction Law, Litigation, 2017 - 2023, Best Lawyers
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Top Lawyer, Construction, 2022, Phoenix Magazine
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Client Champion Award, Martindale-Hubbell
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AV Preeminent Rated, Martindale-Hubbell
1999 - 2025
Partner, Jaburg Wilk
2002 - Present
Maricopa County Superior CourtArbitrator
2000 - Present
U.S. District Court of ArizonaMember
2000 - Present
U.S. Court of Appeals, 9th CircuitMember
1997 - Present
State Bar of ArizonaMember
1996 - Present
Moot Court National Champion, Environmental law sectionMember
Member
Co-chair
1997
JD - Juris Doctor
1992
BS - Bachelor of Science
2014
2019
2019
2017
English