
Mark F. Nowak
Mark Nowak Clark HillOffice
Pittsburgh
One Oxford Centre
301 Grant St, 14th Floor
Pittsburgh, PA
15219
Phone: (412) 394-2428
Fax: +14123942555
Email: mnowak@clarkhill.com
Education
J.D., Emory University School of Law, Atlanta, Georgia, 1982
Emory University School of Law
B.A., Franklin and Marshall College, Lancaster, Pennsylvania, 1979
Franklin and Marshall College
Pepperdine University School of Law, Malibu, California, Mediation Training, Straus Institute for Dispute Resolution, July 2002 and June 2003
Pepperdine University School of Law
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




Mark F. Nowak
Member
Mark F. Nowak is a civil trial lawyer who concentrates on construction litigation, arbitration, and litigation, representing owners, contractors, architects and engineers, public agencies, and insurers in public, private, commercial, industrial and institutional construction projects.
Mark represents clients in construction disputes involving jails, airports, transit systems, cogeneration power plants, steel mills, petrochemical plants, bridges, commercial buildings and sports complexes. He also litigates claims for delay, acceleration, disruption, impact, personal injury and property damage.
Awards/Achievements
2005-2020: Super Lawyers - Selected for inclusion in Pennsylvania Super Lawyers & Rising Stars list
2017: Top 50 Lawyer, Pittsburgh
2014- 2020: Ranked in Chambers USA, Leading Individual, Construction
2006-2020: The Best Lawyers in America, ranked one of the Top Rated Lawyers in Construction Law
AV rated by Martindale-Hubbell
The Best Lawyers in America
Memberships
AAA Construction Arbitration Roster, Member & Mediation Panel
The Pittsburgh Water and Sewer Authority, Solicitor
The Allegheny County Airport Authority, Special Counsel
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.
Practice Areas
Construction LawLitigationMunicipal Law
Industries
Construction
Services
Economic Development Services