Mark Hartney

Ranked in 1 Practice Areas

Band 5

Construction

California

2 Years Ranked

About

Provided by Mark Hartney

USA

Education

University of California, Los Angeles

B.A.

University of California, Davis School of Law

J.D.

Practice Areas

With more than 30 years in practice as a commercial litigator, Mark Hartney can try any case in the courtroom. He brings the required energy, knowledge, and responsiveness to cover all angles for the desired result and to keep clients abreast of precisely what he and his team are doing and why.

Mark also understands that going to trial in every case will not necessarily deliver the optimal outcome for his client. He sees himself as a teammate and partner who is empathetic, not putting them through traps that drain time, money, or focus. He knows that settlement isn’t a failure, but rather a legitimate strategy to consider in some cases, because the end-game in commercial litigation—meeting his client’s objective—is what matters.

CONSTRUCTION LAW

One of the top construction lawyers in California, Mark has seen almost every angle of a contract dispute fall prey to his litigation skills. But unlike most trial lawyers, he is equally comfortable helping clients structure contracts in a way that carries out their wishes while minimizing their risks on the front end.

Mark has worked with clients through construction booms and busts helping them navigate a myriad of unforeseen circumstances that could potentially mean costly delays, defects or derailment of construction projects. In construction litigation, Mark delivers acute perspectives for handling matters that range from high-profile cases with nearly a billion dollars at stake to small change orders or nationwide lien litigation. Among his notable casework, Mark has litigated lengthy dig delay claims; insurance carrier lawsuits—upwards of $100 million; a nine-month, $150 million jury trial stemming from the collapse of a high-rise; and damages claimed by plaintiffs regarding a sinking building or structures impacted by earthquakes.

WATER RESOURCE MATTERS

Mark currently represents the largest water right holder to the Colorado River, and one of the largest irrigation districts in the United States with respect to a variety of litigation and regulatory matters arising from historic water rights and agreements. In addition, Mark is involved with a large variety of other water rights and resource matters throughout California.

TRUSTED COUNSELOR

While many of Mark’s clients—developers and owners of commercial real property—have learned to call on him before problems become unwieldy or litigation is imminent, there are times when unforeseen issues blindside them. In either case, Mark’s clients receive direct and honest counsel that prioritizes their best interests.

Mark has lectured on topics ranging from the effective use of trial presentation software to how to avoid litigation in construction projects. He authored a chapter on the remedy of specific performance for a California Bar Continuing Education (CEB) practice guide.

Professional Memberships

Los Angeles County Bar Association (LACBA)

California Lawyers Association

Construction Lawyers Society of America, Fellow

Work Highlights

Defended large national REIT that purchased a 240-unit high-end condominium project in construction defect litigation seeking over $50 million in damages. Case settled with minimum contribution from client.

Representing owner/developer of high-rise office tower in San Francisco in lawsuit against all-risk carrier for breach of insurance policy arising out of damage to foundation.

Representing owner/developer of high-rise office tower in San Francisco in defense of lawsuit against adjoining landowner alleging loss of subjacent and lateral support.

Representing owner of multi-million dollar residential property in defect claims against unlicensed contractor.

Representing international entertainment company in negotiation and drafting of architect, engineer and construction contracts with respect to construction of its corporate headquarters in arts district of Los Angeles.

Represent large retail developer in negotiation of construction contracts on various projects utilizing several project delivery methods.

Represent owner of large parcel of contaminated land in dispute with remediation contractor regarding improper billing and delays.

Representing shopping center owner/developer in litigation regarding cost overruns and delays caused by general contractor.