Mark F. Nowak

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 and Chambers USA and has also been named a Pennsylvania Super Lawyer. 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.
• 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