Overview

Mark has developed a transactional practice devoted to counseling clients through all phases of the real estate development and construction process: from site acquisition, due diligence and approvals; through negotiation of financing, design, and construction documentation; negotiating the sale or leasing of a property; addressing operations and management concerns; and completing effective resolution of disputes throughout the process. He has developed significant expertise in the development of condominium, planned residential community, and urban mixed-use projects.

He routinely represents the interests of owners, landlord, tenants, buyers, sellers, lenders, contractors, architects and engineers. He has represented client’s interests in the resolution of construction disputes including contractual disputes, payment claims, defect claims, building code and zoning matters.

Mark’s practice has been built on his rather unique background: he is also a registered architect and practiced in that field for ten years. His combined experience provides a great depth of knowledge within the development and construction industries, allowing him to simultaneously understand and address both the “big picture” concepts and the minute details of any real estate issue or transaction, and fashion and execute an organized, creative, and effective plan to achieve the client’s required results.

Practices

    • Represents regional health care system in all real estate needs, including leasing, acquisitions, and a $86 million bond financing secured by real estate.
    • Represents multiple large construction management and design-build contractors in negotiating construction contracts and joint venture agreements, including agreements with respect to significant marque projects in Northeast Ohio.
    • Has represented homebuilders and residential developers, from small local builders to national production builders, in all phases of their business, including site acquisition, governmental approvals, construction contracts, homeowner’s associations, and sales practices.
    • Represented national health care system in purchase of local community hospital in the Ohio Valley.
    • Represent large automobile dealership enterprise in multiple transactions involving purchasing, leasing, constructing, financing and selling automobile sales facilities.
    • Represented multiple banks and financial instructions in preparing and negotiating documents in real estate secured loans, and in resolving issues with defaulting loans secured by real estate.
    • Represented large national telecommunications company with respect to telecommunications easements within railroad right-of-ways throughout Ohio.
    • Represents downtown Cleveland apartment building owners in converting their apartments to for-sale condominium units.
    • Represented colleges in bond financing transactions secured by campus real estate.
    • Routinely represents investors and small business owners in addressing their unique real estate needs.
    • Assisted regional brewery in obtaining zoning approvals for expansion facility.
    • Represented multiple non-profit and commercial building owners in subdividing their existing facilities into condominium units to permit separate ownership of one facility.
    • Represent national restaurant franchisee in leasing multiple new facilities.
    • Represent local private high schools in wide range of real estate issues.
  • Education

    • Cleveland-Marshall College of Law, J.D., magna cum laude, 1996
    • Kent State University, M.A., Architecture, 1986; B.A., Architecture, 1984

    Admissions

    • State of Ohio
  • Professional Affiliations

    • Cleveland Metropolitan Bar Association—Member (2000-Present)
    • Home Builders Association of Greater Cleveland—Member (2015-Present)

    Community Involvement

    • Cleveland 2030 District—Executive Committee/Secretary (2012-Present)
    • Lakewood Planning Commission—Chairperson (2010-2015)
    • Cleveland Metropolitan Bar Association, Real Estate Section—President (2010)
    • Named to The Best Lawyers in America in the areas of Construction Law (2016-2019); and Real Estate Law (2019)
    • "Blockchain - The New Real Estate "Fixer Upper"," Cleveland Metropolitan Bar Journal (October 2018)
    • “Managing Condominium Conversion Risks,” Properties Magazine (October 2016)
    • “Marijuana Legalization in Ohio: Will the Construction and Real Estate Industries be Impaired or Cut through the Haze?” Properties Magazine (October 2015)
    • “Medical Complications: Unique Issues in Leases for Health Care Facilities,” Properties Magazine (March 2015)
    • “Condominiums Provide a Creative Tool to Solve Property Ownership Issues,” Properties Magazine (March 2014)
    • "Facility Management Issues," Association of Corporate Counsel, Cleveland, OH (June 2017)
    • “Commercial Real Estate Purchase Agreements—Ultimate Guide to Commercial Real Estate Law,” National Business Institute, Cleveland, OH (December 2015)
    • “Purchase Agreements: Legal Pitfalls and How To Avoid Them,” Cleveland Metropolitan Bar Association, 37th Annual Real Estate Law Institute, Cleveland, OH (November 2015)
    • “Handling Real Estate Transactions From Start to Finish,” National Business Institute, Akron, OH (May 2014)
    • “Managing Construction Issues and Protecting Rights,” Association of Licensed Architects, Cleveland, OH (September 2013)
    • “Business Contracts A-Z Reviews, Drafts and Negotiations,” Association of Licensed Architects, Cleveland, OH (April 2013)
    • “Design-Build Construction—Identifying Risks and Protecting Profitability” Association of Licensed Architects,” Cleveland, OH (December 2012)
    • “Drafting Real Estate and Construction Loan Documents,” Private National Bank, Akron, OH (October 2011)