Nowak  mark

Mark F. Nowak

Member
Office

Pittsburgh

One Oxford Centre
301 Grant St, 14th Floor
Pittsburgh, PA 15219
Vcard icon Email icon Pdf icon
Fax: 412.394.2555
Education
J.D., Emory University School of Law, Atlanta, Georgia, 1982
B.A., Franklin and Marshall College, Lancaster, Pennsylvania, 1979
Pepperdine University School of Law, Malibu, California, Mediation Training, Straus Institute for Dispute Resolution, July 2002 and June 2003
State Bar Licenses
Pennsylvania
Court Admissions
Supreme Court of Pennsylvania
U.S. District Ct., W.D. of Pennsylvania
U.S. District Ct., N.D. of Indiana
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 4th Circuit
Pro Hac Vice - West Virginia Supreme Court
Pro Hac Vice - U.S. District Ct., N.D. of Alabama
Pro Hac Vice - U.S. District Ct., N.D. of Florida
Pro Hac Vice – Superior Court of California
County of San Diego
Nowak chambers
Aaa panelmember color 2015 web
Best lawyers badge generic
Super lawyers 2015

Mark F. Nowak

Member

Mark F. Nowak is a civil trial lawyer with a concentration in construction litigation. He is a member of the Academy of Trial Lawyers and has prosecuted cases in state and federal courts and before government agencies. He principally represents owners, contractors, architects and engineers, public agencies and insurers in public, private, commercial, industrial and institutional construction projects. Mark has represented clients in construction disputes involving jails, airports, transit systems, cogeneration power plants, steel mills, petrochemical plants, bridges, commercial buildings and sports complexes. He has litigated claims for delay, acceleration, disruption, impact, personal injury and property damage. Mark serves as an arbitrator and a mediator. He is on the AAA Construction Arbitrator Roster, and he also serves on the AAA Mediation panel. Mark is AV rated, ranked one of the Top Rated Lawyers in Construction Law, listed in The Best Lawyers in America for Commercial Litigation (2006-2016) and Chambers USA and has also been named a Pennsylvania Super Lawyer (2005-2017). Mark currently serves as the Solicitor for The Pittsburgh Water and Sewer Authority and Special Counsel to the Allegheny County Airport Authority. He has also acted as a course planner and faculty member for seminars and has authored articles in his area of practice. 

Publications 

  • “Pennsylvania Construction Law: Project Delivery Methods, Execution, and Completion,” PBI No. 7018 (Co-Author/Chapter 3 - Public-Private Partnerships) 
  • Editor, Allegheny County Court of Common Pleas Civil Practice Manual, Editions 8, 9 and 10, Pennsylvania Bar Institute 2007, 2009, and 2011, and Co-Author/Chapter on Settlements 
  • “Without a Base of Operations in the City, a Business Privilege Tax Cannot Be Assessed,” Construction Law News, March 2005 
  • “Pennsylvania Appellate Courts Reaffirm Preference for Arbitration,” Construction Law News, September 2004 
  • “The Pennsylvania Supreme Court Finds That Written Construction Contracts Are Subject to the Four-Year Statute of Limitations,” Construction Law News, June 2004 
  • “Projects Must Pay Prevailing Wage,” Construction Law News, March 2004 
  • “Know Your Coverage: A Material Supplier Is Not Covered by a Roofer’s Insurance Policy,” Construction Law News, December 2003 
  • “Owners: An Unsigned Bid is Not Valid,” Construction Law News, September 2003 
  • “Design Professionals: Contractor Too Far Removed From Engineer to Assert a Negligent Misrepresentation Claim,” Construction Law News, June 2003 
  • “Surety’s Suit Against Construction Manager Dismissed,” Construction Law News, March 2003 
  • “Exceptions to Public Bidding” and “Contract Termination” sections of “Public Contracts and Competitive Bidding in Pennsylvania,” Lorman Education Services seminar, December 5, 2002 
  • “Pennsylvania Construction Law: What Do You Do When . . .?,” National Business Institute (Pittsburgh), October 29, 2002 
  • “Eichleay Formula Accepted in Ohio,” Construction Law News, September 2002 
  • “You May Have Longer Than You Think to File a Claim for Latent Defects,” Construction Law News, June 2002 
  • “The Law Governing Construction Site Claims: Basis of Liability and Damages Against Contractors, the Construction Manager, the Design Professional and the Owner,” Nowak, Ryan, Dee and Sterling, PBI No. 1998-1447, 2001 (updated PBI No. 2001-2801) 
  • “How effective are set-aside programs in helping disadvantaged businesses?,” Pittsburgh Business Times, August 11-17, 2000 
  • “Airport, stadiums, County succeeds in fighting legal development battles,” Pittsburgh Business Times, Feb. 18-24, 2000 
  • “Preliminary Report to the Special Committee on Endorsement Review,” unpublished, submitted to The Pennsylvania Democratic Party (June 2, 1995) 
  • “Recognizing Virtue and Becoming a Professional,” 143 P.L.J. 15-16 (1995) 
  • “Election Process Faults Exposed,” Post-Gazette, Wednesday, July 21, 1993 B-2 
  • “Occupational Noise Exposure of Railroad Workers – Which Regulation Applies,” 11 U.Pitt J.L.&Com. 39 (1991) 
  • “Proposed Amendments to the Pennsylvania Mechanic’s Lien Law of 1963,” The Master Builder, Fall 1991, p.3 
  • “The Mechanic’s Lien Law in Pennsylvania,” At Issue, Spring 1991, 5, 6 
  • “Architectural Fee Disputes,” Thorp Reed & Armstrong Communiqué, November 1990 
  • “Worker Participation and Its Potential Application in the United States,” 35 LAB.L.J. March 1984, 148 
  • “Blue Pinned Stripe Suit” and “Station,” The Archon, Spring (1982) at 12, 14 Annotator 1981, Samuel B. Francis, Thomas M. Rutter, Pennsylvania School Law, Cleveland, Banks and Baldwin, 1970 
  • “Our Corner,” The Archon, Spring (1981) at 45 
  • “Durer’s Virgin With Monkey,” Prolog, Spring 1979 

Presentations 

  • Lecturer on Public-Private Partnerships, PBI, “Pennsylvania Construction Law:  Project Delivery Methods, Execution and Completion,” October 24, 2016, Mechanicsburg, PA 
  • Speaker, National Association of Clean Water Agencies (NACWA), “Management Efforts Reap Benefits Now, Lay Groundwork for the Future,” July 16, 2013, Cincinnati, OH 
  • Lecturer, Allegheny County Bar Association Construction Section, "Arbitration Essentials: Insights of Experienced Arbitrators," March 4, 2013, Pittsburgh 
  • Trainer, American Arbitration Association, “Dealing With Delay Tactics,” April 27, 2010, Pittsburgh 
  • Lecturer, Allegheny County Bar Association Construction Section, “Summary of Significant Changes to AAA Construction Industry Arbitration Rules,” December 7, 2009, Pittsburgh 
  • Lecturer, American Arbitration Association, “Managing the Expectations of the Parties – Best Practices in Arbitration,” October 13, 2009, Pittsburgh 
  • Moderator and Course Planner, PBI, “Civil Practice in the Allegheny County Court of Common Pleas,” December 7, 2011; December 16, 2009; December 12, 2007; December 14, 2005; April 8, 2003; April 11, 2001, Pittsburgh 
  • Coach, U.S. District Court for the Western District of Pennsylvania, Mediation Training, December 7, 2007 
  • Lecturer, Thorp Reed & Armstrong, LLP Webcast, “Effectively Playing the Claims Game: How to Overcome or Defend Contract Clauses to Mitigate Claims,” July 24, 2007, Pittsburgh 
  • Lecturer, Forum on the Construction Industry – American Bar Association, “Fundamentals of Construction Law,” November 2, 2006; Pittsburgh 
  • Trainer, American Arbitration Association, “Chairing An Arbitration Panel,” November 9, 2005, Pittsburgh 
  • Trainer, American Arbitration Association, “Arbitrator Ethics & Disclosure,” July 12, 2005, Pittsburgh 
  • Lecturer, The Engineers’ Society of Western Pennsylvania, “The Impact of Bilt-Rite,” June 22, 2005, Pittsburgh 
  • Trainer, American Arbitration Association, “Dealing With Delay Tactics,” March 16, 2004, Pittsburgh 
  • Trainer, American Arbitration Association, “Managing Pro Se Cases With Self-Represented Parties,” December 7, 2004, Pittsburgh 
  • Panel Member, American Arbitration Association, “Best Practices in Complex Construction Arbitration,” November 18, 2004, Pittsburgh 
  • Lecturer, Pennsylvania Bar Institute, “Advanced Concepts in Construction Delay and Disruption Disputes,” July 28, 2004, Pittsburgh 
  • Lecturer, National Business Institute, “Advanced Construction Law in Pennsylvania,” February 20, 2004, Pittsburgh 
  • Trainer, American Arbitration Association, “Arbitration Awards: Safeguarding, Deciding & Writing Awards,” January 15, 2004 
  • Lecturer, Lorman Education Services, “Public Contracts and Competitive Bidding in Pennsylvania,” December 5, 2002 and December 3, 2003, Pittsburgh 
  • Trainer, American Arbitration Association, Annual Update, November 4, 2002 and December 9, 2002 
  • Course Planner/Lecturer, National Business Institute, “Pennsylvania Construction Law: What Do You Do When . . .?,” October 29, 2002, Pittsburgh 
  • Lecturer, Pennsylvania Bar Institute, “PowerPoint for Lawyers,” February 1, 2002, Pittsburgh 
  • Moderator, Allegheny County Bar Association Construction Law Section, "Effective Construction Conflict Management: The Expanding Role of ADR to Resolve Disputes," May 15, 2001
Awards/Achievements
2017 Top 50 Lawyer, Pittsburgh, SuperLawyers
The Best Lawyers in America, ranked one of the Top Rated Lawyers in Commercial Litigation, 2016
Ranked in Chambers USA 2014, 2015 and 2016, Leading Individual, Construction
The Best Lawyers in America, ranked one of the Top Rated Lawyers in Construction Law, 2006-2016
Pennsylvania Super Lawyer, 2005-2017
AV rated by Martindale-Hubbell
Experiences
Settled a multi-million dollar personal injury case with no payment to the plaintiff.
Co-Solicitor to the Allegheny County Airport Authority (May 2012-present).
Co-Solicitor to the Allegheny County Industrial Development Authority, the Allegheny County Hospital Development Authority, the Allegheny County Higher Education Building Authority and the Allegheny County Residential Finance Authority.
Represented a township in a federal court RICO action against developers and obtained a $300,000 settlement.
Obtained discontinuance of 54 personal property tax cases and settlement of 1,500 claims, resulting in a savings to Allegheny County in excess of $4 million.
Member of the AAA Construction Arbitration Panel, the Allegheny County Bar Association’s Construction Dispute Resolution Group and the Federal Court for the Western District of Pennsylvania Arbitrator and Early Neutral Evaluation Panel. Conducted Ace Training for AAA arbitrators. Served as chair, panelist, party-appointed, neutral and sole arbitrator in arbitrations, including large complex cases. Extensive experience in handling construction cases involving claims for delay, acceleration, loss of productivity, default termination, extra work, defective specifications, design errors and omissions and differing site conditions, as well as the drafting of construction contracts.
Acted as co-counsel in the defense of attorneys before the Pennsylvania Disciplinary Board and U.S. District Court.
Represented the County in an action by a school district that attempted to impose a parking tax on a County airport parking facility that was ultimately determined by the Pennsylvania Supreme Court.
Argued before the Pennsylvania Superior Court, Commonwealth Court, Supreme Court and West Virginia Supreme Court.
Obtained defense verdict in extra work claim in AAA arbitration proceeding.
Member of the AAA Mediation Panel and Federal District Court for the Western District of Pennsylvania Mediation Panel. Mediation training was obtained by attending the Federal Bar Association’s mediation training (40 hours) and “A Systematic Approach to Mediation Strategies (STARS)” and “Mediating Construction Disputes”, both at Pepperdine University School of Law, Straus Institute for Dispute Resolution. I have served as a mediator in dozens of construction cases. Construction projects included: power plants, water plants, sewage plants, airport, courthouse, schools, commercial buildings, office buildings, apartment buildings, restaurant and residences.
Represented the Commonwealth of Pennsylvania Department of Community and Economic Development in the City of Pittsburgh’s Petition for Distressed Status (Act 47).
Served as Assistant Allegheny County solicitor (1982-86).
Solicitor to The Pittsburgh Water and Sewer Authority (2008-present).
Successfully negotiated a consent order and agreement with state and local environmental agencies, reducing the penalty from $3,125,000 to $125,000 and enabling an automobile shredder business to continue to operate.
Successfully represented a title insurance company in a default judgment and sanction action avoiding damages of $2 million.
Prosecuted an election challenge involving a Pittsburgh City Council seat.
Recovered $1 million for the Allegheny County Airport Authority from demolition contractors and an engineering firm related to the release of asbestos during the demolition of the old Pittsburgh International Airport.
Obtained a favorable ruling from Justice Souter of the United States Supreme Court permitting the demolition of the old Pittsburgh International Airport.
Obtained a TRO in state court and settlement in international arbitration in excess of $2 million for an engineering/automation contractor of two continuous pickling and annealing lines.
Represented a Korean EPC contractor in an action to recover amounts on a letter of credit for a $320 million power plant project in Israel.
Tried various multimillion-dollar construction cases to verdict in West Virginia State and Federal Courts involving a cogeneration plant.
Defended Allegheny County in a $75 million construction litigation involving the County jail, resulting in mediated settlement.
Represented precast subcontractors in a $60 million litigation involving the construction of the Pittsburgh International Airport, resulting in a mediated settlement. Client paid nothing on the claim against it and received $100,000 on the counterclaim.
Obtained a directed verdict in Pennsylvania State Court in a $13 million property damage case involving construction of the Pittsburgh Subway.
Represented a general contractor in all property damage cases arising out of the Pittsburgh subway construction.
Successfully litigated a commercial case in a two-week non-jury trial obtaining a verdict of $235,000 and a defense verdict on plaintiff’s multi-million dollar counterclaim.
Co-counsel in trial of 11 FELA hearing loss and trauma cases in West Virginia State Court.
News
22 Clark Hill Attorneys Named to Pennsylvania Super Lawyers & Rising Stars 2018 ListClark Hill Attorneys Named 2018 “Leaders in their Field” by Chambers USASeventy-Four Clark Hill Attorneys Selected for Inclusion in the 2018 Edition of Best Lawyers in AmericaClark Hill Attorneys Named 2017 “Leaders in their Field” by Chambers USATwenty-Three Clark Hill Attorneys Named to Pennsylvania Super Lawyers & Rising Stars 2017 ListSixty-Four Clark Hill Attorneys Selected for Inclusion in the 2017 Edition of Best Lawyers in AmericaClark Hill Attorneys Named 2016 “Leaders in their Field” by Chambers USATwenty-Six Clark Hill Attorneys Named to Pennsylvania Super Lawyers & Rising Stars 2016 ListSixty-Six Clark Hill Attorneys Selected for the 2015 Super Lawyers Business EditionSixty-Two Clark Hill Attorneys Selected for Inclusion in the 2016 Edition of Best Lawyers in AmericaChambers USA Names Clark Hill Attorneys “Leaders in their Field” for 2015Twenty-Four Clark Hill Attorneys Named to Pennsylvania Super Lawyers & Rising Stars 2015 ListFifty-Nine Clark Hill Attorneys Selected for Inclusion in the 2015 Edition of Best Lawyers in America Twenty-three Clark Hill Attorneys Named to PA Super Lawyers & Rising Stars 2014 ListChambers USA Names Thirteen Clark Hill Attorneys “Leaders in their Field” for 2014Fifty-Seven Clark Hill Attorneys Selected for Inclusion in the 2014 Edition of Best Lawyers in AmericaClark Hill Attorney Mark F. Nowak Named Recipient of the 2013 Clark Hill Pro Bono Award