For more than 25 years, Mark has focused his practice on commercial, construction and real estate litigation and development. He is an arbitrator with the American Arbitration Association (Commercial and Construction Panels) and a mediator for Cuyahoga County business cases. He also represents real estate brokers and salespersons in contract review, regulatory compliance, and litigation.

Mark prides himself on solving problems and advising clients on how to avoid them altogether. He is both persistent and practical.



    • Obtained award in favor of the Owner in a AAA arbitration involving an apartment construction project where the GC was claiming in excess of $1.0 million in additional costs, which were denied, and resulting in an award that was $140,000 less than the remaining retainage owed.
    • Obtained favorable award from a AAA panel in a case involving a hotel construction project for the developer, successfully defending against a claim by a subcontractor seeking $1.6 million in damages, resulting in award only of retainage plus $50,000 for extra work.
    • Obtained arbitration award in excess of $228,000 in favor of one of two members of an LLC in a commercial transaction, and successfully defended against entire $1.8 million counterclaim.
    • Obtained settlement for $240,000 in favor of commercial landlord in lease dispute after obtaining summary judgment on tenant’s liability and successfully defending against $100,000 counterclaim.
    • Obtained favorable ruling in the Court of Appeals on behalf of a general contractor seeking to enforce an arbitration provision against a defaulting subcontractor who was seeking to claim $2.5 million in damages to a jury.
    • Obtained arbitration award in excess of $145,000 (plus legal fees) in favor of general contractor against defaulting subcontractor who was seeking $10,000,000 in damages on a demolition and salvage project.
    • Obtained arbitration award in favor of builder against homeowner alleging damages in excess of $300,000 due to elevated levels of calcium carbonate in the ground water.
    • Obtained unanimous jury verdict in favor of contractor against homeowner alleging damages in excess of $150,000 for repairs made after Hurricane Sandy and obtained money in favor of contractor for nearly the full value of the claim.
    • Obtained judgment in favor of homeowner against a contractor for defective and incomplete work on a substantial home renovation project, including liability under contract, CSPA, and fraud theories.
    • Obtained judgments “piercing the corporate veil” three times against borrower who refused to repay $1.5 million commercial loan and then fraudulently transferred assets to avoid collection.
    • Obtained judgment in trial court and affirmed on appeal in favor of holder of a Cognovit Promissory Note and successfully defended against claims of duress, payment, release and res judicata.
    • Successfully negotiated sale of multi-million dollar commercial property in Alabama with substantial coal and mineral deposits.
  • Education

    • University of Pennsylvania Law School, J.D., cum laude, 1995
    • Case Western Reserve University, B.S., Accounting, summa cum laude, 1992


    • State of Ohio
    • U.S. Court of Appeals, Sixth Circuit
    • U.S. District Court, Northern District of Ohio and Southern District of Ohio
  • Professional Affiliations

    • American Arbitration Association—Commercial and Construction Panelist (2014-Present)
    • Cuyahoga County Court of Common Pleas—Business Mediator (2015-Present)
    • Cleveland Metropolitan Bar Association—Member (1996-Present)
    • Ohio State Bar Association—Member (1996-Present)

    Community Involvement

    • Delta Tau Delta Cleveland Corporation—Treasurer (2002-Present)
    • Malachi Center—Board Member (2008-2018); Board President (2014-2016); Board Treasurer (2016-2018)

    • Named Best Lawyers’ “Lawyer of the Year” in Litigation-Real Estate in Cleveland (2022)
    • Named to The Best Lawyers in America in the areas of Litigation-Real Estate (2015-2024); Commercial Litigation (2017-2024); Real Estate Law (2018-2024); and Construction Law (2020-2024)
    • AV Preeminent Peer Review Rated—Martindale-Hubbell
    • Named to the Ohio Super Lawyers list (2016-2024)
    • Named to the Ohio Super Lawyers Rising Stars list (2005)
    • "Legal Update," Akron Cleveland Association of Realtors (November 2023)
    • "Ethics for Ohio Realtors," Stark Trumbull Education & Events Committee CE Presentation (September 2022)
    • "Breaking the Mold: Best Practices in Modular Construction and Prefabrication," Advice From the Trenches Frantz Ward Construction Webinar (March 2021) 
    • "Ask the Lawyer: Free Q&A," TPR Sold Webinar (April 2020)
    • "COVID Commentary: Protecting and Turning Back On Your Revenue Stream," Frantz Ward Webinar (April 2020)
    • "Fair Housing," Northwood Realty, Boardman, OH (November 2019) 
    • "Real Estate Litigation," Frantz Ward Litigation Seminar, Cleveland, OH (September 2019) 
    • "Best Practices in CM at Risk and Design-Build Delivery," Advice from the Trenches - Frantz Ward Construction Practice Seminar, Cleveland, OH (February 2019)
    • “Ethics on Fair Housing,” BHHS Northwood Realty Services, Boardman, OH (November 2018)
    • "Facility Management Issues," Northeast Ohio Association of Corporate Counsel, Cleveland, OH (June 2017)
    • "Classroom, not Courtroom," Ohio Association of REALTORS, Cleveland, OH (September 2016)
    • “Dram Shop Liability and Risk Management,” Ohio Craft Brewers Association, Columbus, OH (June 2016)
    • “Construction Surety Bonds and Bond Claims,” Lorman Education Services, Cleveland, OH (2013)
    • “Litigation and Enforcement of Mechanic’s Lien Claims,” Lorman Education Services, Akron, OH & Cleveland, OH (2013)
    • “Annual Convention Legal Issues,” Ohio Association of REALTORS®, Cleveland, OH (2014, 2016, 2020) 
    • “Fair Housing: Basics & Beyond,” Various (2016-Present)
    • “Ethics for Ohio REALTORS®,” Various, (2008-Present)
    • “Risk Management and the Ohio Real Estate Brokers Law,” Various (1997-Present)