Mark D. Bogard
Firm: Jaburg Wilk
Address: 3200 North Central Avenue, Suite 2000
Phoenix, AZ 85012
Membership: -Member, State Bar of Arizona, Construction Law Section-Member, Maricopa County Bar Association, Construction Law Section
University: Wright State University, B.S., 1992, University of Toledo, J.D., 1997
Admitted: 1997, Arizona; 2000, U.S. District Court, Arizona; 2000, U.S. Court of Appeals, 9th Circuit
Biography: Mark is an Arizona business law attorney focusing his practice in construction matters. Mark helps clients avoid costly expenses and minimize litigation risk by assisting them in negotiating and documenting smart contracts, pursuing common and creative dispute resolution options, asserting payment remedies including mechanics’/materialmen’s liens and payment bonds, and by vigorously prosecuting or defending their positions in court or before the Registrar of Contractors. Mark's clients span the construction hierarchy, from design professionals and material suppliers to subcontractors, general contractors, owners/developers, and lenders. Mark's construction experience includes residential and commercial, private and public, ROC licensing and regulation, and litigating claims of all kinds, including breach of contract, prompt payment, lien foreclosure, payment bond, stop notice, and suspension/termination of performance.Case HighlightsHelping 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.