Mark Hartney

Practice Areas

With more than 30 years in practice as a commercial litigator, Mark Hartney can try any case in the courtroom. He brings the required energy, knowledge, and responsiveness to cover all angles for the desired result and to keep clients abreast of precisely what he and his team are doing and why.

Mark also understands that going to trial in every case will not necessarily deliver the optimal outcome for his client. He sees himself as a teammate and partner who is empathetic, not putting them through traps that drain time, money, or focus. He knows that settlement isn’t a failure, but rather a legitimate strategy to consider in some cases, because the end-game in commercial litigation—meeting his client’s objective—is what matters.

CONSTRUCTION LAW

One of the top construction lawyers in California, Mark has seen almost every angle of a contract dispute fall prey to his litigation skills. But unlike most trial lawyers, he is equally comfortable helping clients structure contracts in a way that carries out their wishes while minimizing their risks on the front end.

Mark has worked with clients through construction booms and busts helping them navigate a myriad of unforeseen circumstances that could potentially mean costly delays, defects or derailment of construction projects. In construction litigation, Mark delivers acute perspectives for handling matters that range from high-profile cases with nearly a billion dollars at stake to small change orders or nationwide lien litigation. Among his notable casework, Mark has litigated lengthy dig delay claims; insurance carrier lawsuits—upwards of $100 million; a nine-month, $150 million jury trial stemming from the collapse of a high-rise; and damages claimed by plaintiffs regarding a sinking building or structures impacted by earthquakes.

WATER RESOURCE MATTERS

Mark currently represents the largest water right holder to the Colorado River, and one of the largest irrigation districts in the United States with respect to a variety of litigation and regulatory matters arising from historic water rights and agreements. In addition, Mark is involved with a large variety of other water rights and resource matters throughout California.

TRUSTED COUNSELOR

While many of Mark’s clients—developers and owners of commercial real property—have learned to call on him before problems become unwieldy or litigation is imminent, there are times when unforeseen issues blindside them. In either case, Mark’s clients receive direct and honest counsel that prioritizes their best interests.

Mark has lectured on topics ranging from the effective use of trial presentation software to how to avoid litigation in construction projects. He authored a chapter on the remedy of specific performance for a California Bar Continuing Education (CEB) practice guide.

Professional Memberships

Los Angeles County Bar Association (LACBA)

California Lawyers Association

Construction Lawyers Society of America, Fellow