Mark Burgin is an associate in the firm’s Construction Law Practice Group, representing owners, contractors, subcontractors, suppliers, architects, and engineers in Lynchburg and throughout the Commonwealth of Virginia. His practice focuses on commercial construction law for public and private construction projects, including contract drafting and negotiation, claim preparation, demand letters, mediation, arbitration, and court litigation. As part of Mark’s practice, he addresses payment and performance bond claims, delay and defective workmanship claims, design defects, indemnity demands, and mechanic’s liens among other issues. He also handles a wide array of commercial and business disputes.
Prior to college and law school, Mark grew up on a dairy farm in Delhi, New York and was involved in the farm’s multiple expansion projects. After receiving a B.A. from The College of Wooster in Wooster, Ohio, Mark returned to the East Coast to obtain his J.D. from the University of Richmond School of Law. During law school, Mark was a manuscript editor for the University of Richmond Law Review, was the Vice President of the Moot Court Board and a member of several other advocacy boards, and competed in numerous advocacy competitions. For these efforts and his contributions to the community, Mark was selected as a National Member of the Order of the Barristers and was awarded the University Of Richmond School Of Law’s Pro Bono Certificate. After law school, Mark clerked for a year with the Honorable Jack S. Hurley, Jr. and the Honorable Richard C. Patterson of Tazewell County’s Circuit Court before joining the firm. Since he moved to Lynchburg, Virginia and joined the firm, Mark has enjoyed bicycling and hiking Central Virginia’s numerous trails, attending the area’s festivals and recreational events, and visiting local and regional businesses.
- Negotiated and drafted numerous design-build agreements, design-bid-build agreements, owner-contractor agreements, owner-design professional agreements, master subcontract agreements, property management service agreements, professional service consulting agreements, master purchase agreements, work orders, task order, purchase orders, and amendments to the same.
- Represented an owner, general contractor, and project developer in an arbitration over design and construction defects on a public-private-partnership (P3) project under the Department of Defense’s (DoD) Military Housing Privatization Initiative (MPHI)
- Represented a contractor in a mediation with the project’s owner over the contractor’s claims regarding time extensions, delays, and payment withholdings and in opposition to the owner’s claims for liquidated damages.
- Represented a general contractor in a mediation with a subcontractor over the project’s schedule, defaults by the subcontractor under its subcontract, the general contractor’s deduct change orders, and the subcontractor’s failure to make payments to its material supplier.
- Represented a surety in litigation over a material supplier’s payment bond claim.
- Prepared and recorded mechanic’s liens on various properties for subcontractors, sub-subcontractors, and material suppliers. Filed complaints to enforce the mechanic’s liens and negotiated court approved bonds to replace the mechanic’s liens and release properties.
- Negotiated and drafted numerous settlement agreements.
- Represented business creditors in obtaining judgments against debtors, debtor garnishments, debtor interrogatories, and collecting on debts.
Honors & Affiliations
- The Order of Barristers
- University of Richmond Law Review – Manuscript Editor (Volume 48); Staff (Volume 47)
- University of Richmond Pro Bono Certificate
- University of Richmond Moot Court Board – Vice President (2013); Board Member (2012 & 2014)
- University of Richmond Trial Advocacy Board – Board Member (2011-2014)
- University of Richmond Client Counseling and Negotiation Board – Board Member (2012-2014)
- Virginia State Bar
- Virginia Bar Association (2014-Present)
- Virginia State Bar Construction Law & Public Contracts Section (2015-Present)
- Lynchburg Bar Association (2015-Present)
- Lynchburg Regional Business Alliance - Ambassador (2018-Present)
- Associated General Contractors (AGC) of Virginia – Member (2015-Present)
- Young Professionals of Central Virginia – Member (2015-Present)
- Holy Cross Roman Catholic Church
- Tazewell County’s Habitat for Humanity - Board of Directors (2014)
Publications & Presentations
- Mark A. Burgin & Scott W. Kowalski, Defending Payment Bond Claims - What Is To Be Done?, Virginia Lawyer, February 2018, at 32.
- Mark A. Burgin, et al., Recent Developments in Construction and Public Contracts, in 38th Annual Construction & Public Contracts Law Seminar XI (Virginia CLE, November 4, 2017)
- Mark A. Burgin, et al., Recent Developments in Construction and Public Contracts, in 37th Annual Construction & Public Contracts Law Seminar X (Virginia CLE, November 5, 2016)
- Mark A. Burgin, et al., Recent Developments in Construction and Public Contracts, in 36th Annual Construction & Public Contracts Law Seminar X (Virginia CLE, November 7, 2015)