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About Mark
Biography
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.
Practice Areas
Fees and Rates
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Chat withLicenses
Licensed in Arizona for 28 years
State: Arizona
Acquired: 1997
No misconduct found
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Mark D Bogard's Reviews
Avvo Review Score
5 Client Reviews
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Practice Areas
Showing 1 - 1 of 1 review | Debt & Lending Agreements
Posted by Ben | May 30, 2013 | Debt & Lending Agreements
Excellent service and a positive attitude
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...
Mark D Bogard's Lawyer Endorsements
"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."
"I endorse this lawyer. Mark is a fine attorney and is an asset to all his clients."
"I endorse this lawyer."
"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"
"I endorse this lawyer."
"I endorse this lawyer. Mark is a very intelligent and practical lawyer."
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Experience
Honors
N/A
AV Rated 2012- Present, Martindale-Hubbell
N/A
Distinguished Faculty, Lorman Education Services
N/A
Client Champion Silver 2017, 2018, 2019, 2020, 2021, 2022, Martindale-Hubbell®
N/A
Construction Law, Litigation, 2017 - 2023, Best Lawyers
N/A
Top Lawyer, Construction, 2022, Phoenix Magazine
N/A
Client Champion Award, Martindale-Hubbell
N/A
AV Preeminent Rated, Martindale-Hubbell
Work Experience
1999 - 2025
Partner, Jaburg Wilk
Associations
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
Maricopa County Bar Association
Member
Arizona State Contractor's Coalition
Co-chair
Education
1997
University of Toledo College of Law
JD - Juris Doctor
1992
Wright State University
BS - Bachelor of Science
Speaking Engagements
2014
Construction Lien Law in Arizona
Construction Lien Law in Arizona
Publications
2019
A.R.S. § 33-992.01 change applies to construction projects where lienable activities are “first commenced to be furnished from and after December 31, 2019.”
Arizona Mechanics’ Lien Rights Expand Under New Law
2019
Residential Construction Defect litigation begins when unsatisfied homeowners file claims against the developer/general contractor for alleged construction defects.
Four Points Every Arizona Subcontractor Must Know About Construction Defect Claims
2017
Preliminary lien notices should be sent within twenty (20) days of first day materials/labor furnished.
Arizona Lien, Payment Bond, and Stop Notice Summary Guidelines
Languages
English