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Mark W. Mercante

Shareholder
Mandeville
T: 985.819.8410
F: 504.586.6710
New Orleans
T: 985.819.8410
F: 504.636.4000

Mark W. Mercante, shareholder in the Mandeville office and leader of the Firm's Construction Group, concentrates his practice in the areas of construction law and commercial litigation.

Featured Experience

Represented industrial contractor in prosecuting multi-million dollar delay and cumulative impact claim arising from industrial construction project and defending against owner's delay and lost profit claims exceeding $30 million.

2017

Represented university/owner in arbitration hearings arising from the installation of a new chilled water facility, in which claims exceeded $31 million.

2016

Negotiated and prepared design and construction agreements between university and architect and general contractor for construction of new Division 1 football stadium.

Professional Biography

Overview

Mr. Mercante has experience representing owners, developers, contractors, subcontractors and design professionals in all aspects of construction, including construction contract negotiation and drafting, pre-claim counseling during the construction process and disputes before courts and arbitration panels. Dispute resolution experience includes representation on claims of breach of contract, change orders, defective work, delay, disruption, inefficiency, differing site conditions, unfair trade practices and other construction-related claims.

Mr. Mercante handles matters involving state law lien claims and federal law Miller Act claims. Transactional matters include negotiation and drafting of construction and design contracts for manufacturing and industrial facilities, office and commercial complexes, shopping centers and other retail developments, high rise residential developments, educational facilities and a variety of other commercial projects.

Representative Matters
  • Arbitration and Litigation

  • Represented industrial contractor in prosecuting multi-million dollar delay and cumulative impact claim arising from industrial construction project and defending against owner's delay and lost profit claims exceeding $30 million.

  • Represented university/owner in arbitration hearings arising from the installation of a new chilled water facility, in which claims exceeded $31 million.

  • Represented Public Works Act bidder in successfully challenging responsiveness of multi-million dollar bid.

  • Represented owner in connection with a $37 million lawsuit arising from a major expansion of production facilities at a chemical manufacturing plant.

  • Represented pipeline general contractor regarding changed site conditions and force majeure claims associated with two separate pipeline construction projects.

  • Represented engineering company related to delay, disruption and defective design claims on forest products project.

  • Represented EPC Contractor against multiple multi-million dollar subcontractor claims associated with $1 billion-plus Inner Harbor Navigation Canal Hurricane Protection Project.

  • Represented general contractor on a waste water treatment plant project against delay and extra work change order claims by subcontractor.

  • Represented university on a $25 million dispute with general contractor and design professionals related to alleged defective designs, delays, schedule compression, productivity losses, and cost overruns associated with stadium expansion project.

  • Represented chemical manufacturer in an arbitration proceeding regarding a dispute in excess of $25 million arising out of the design, procurement and construction of the manufacturer's production facility.

  • Represented industrial piping fabricator on lost profit damage claims in excess of $50 million by owner.

  • Represented EPC contractor in dispute with industrial project owner related to the project owners' withholdings associated with alleged late, deficient and unproductive work.

  • Represented directional driller regarding withheld subcontract funds, including the perfection of liens.

  • Represented pipeline general contractor on change-related claims in multiple states, including Louisiana, Texas and Mississippi.

  • Represented general contractor on claims by owner alleging building envelope leaks and operating deficiencies in the building's chiller system.

  • Represented primary subcontractor against building envelope water intrusion claims associated with the construction of a seven-story building.

  • Represented numerous contractors and engineers regarding licensing requirements and alleged violations.

  • Transactional

  • Negotiated and prepared numerous construction and architectural agreements associated with medical, commercial, retail and mixed use projects.

  • Negotiated and prepared numerous construction and architectural agreements associated with institutional and non-profit projects.

  • Negotiated and prepared contracts for execution of various disaster recovery projects throughout the southeastern Unites States.

  • Negotiated and prepared design and construction agreements between university and architect and general contractor for construction of new Division 1 football stadium.

  • Negotiated and prepared multiple design-build agreements for construction of energy-related projects and improvements.

  • Negotiated and prepared EPC agreements associated with industrial projects.

Professional Honors & Activities
  • Listed in The Best Lawyers in America® in Construction Law since 2007
  • Listed in Louisiana Super Lawyers, Construction Litigation (2012 – 2018)
  • Listed in Chambers USA: America's Leading Business Lawyers as a leading Construction lawyer in Louisiana since 2012
  • Member – American Bar Association, Litigation Section and Forum on the Construction Industry
  • Chairman – ABA Forum on Construction Law Division 3 - Design (2016 – 2018)
  • Member – Steering Committee of Forum on the Construction Industry Division 3 – Design (2007 – 2016)
  • Program Chair – American Bar Association Forum on the Construction Industry Annual Meeting "Don't Tell Me What I Should Have Done – What Do I Do Now," Palm Springs, California (April 2008)
  • Liaison – American Bar Association Young Lawyers Division liaison to the ABA Forum on the Construction Industry (2005 – 2007)
  • Chairman – ABA Forum on The Construction Industry's Young Lawyers Committee (2006 – 2007)
  • Program Coordinator – American Bar Association CLE "Fundamentals of Construction Law," New Orleans (2006)
  • Vice President – Dispute Resolution Committee of the American Bar Association Young Lawyer's Division (2004 – 2005)
  • Member – Louisiana State Bar Association, Corporate and Business Law Section and Fidelity, Surety & Construction Law Section
  • Member – New Orleans Bar Association
  • Member – Federal Bar Association
  • Member – Covington Bar Association
  • Fellow – American Bar Foundation
  • Associate Member – Associated Builders and Contractors
  • Recipient – Baker Donelson's Mandeville Office Pro Bono Award (2010)
  • Recognized as a "Top Lawyer" in Construction Law by New Orleans Magazine (2010 – 2017)
Publications
Press Releases

Industries

Education

  • Loyola University School of Law, J.D., 1995, cum laude
    • Loyola Law Review, 1993 – 1995
  • Southern Methodist University, Dallas, Texas, B.B.A., 1992

Admissions

  • Louisiana, 1995
  • U.S. Fifth Circuit Court of Appeals, 1995
  • U.S. District Courts for the Eastern, Middle and Western Districts of Louisiana, 1995

Mark Mercante offers a broad construction law practice that encompasses a range of issues, including contractual preparations and negotiations, dispute resolution and transactional matters. Sources say: 'Mark is one of those rare lawyers who can distill legal issues with remarkable precision. He brings sound legal judgment and business-savvy advice to the table.'

Mark Mercante acts on a range of complex litigation and contractual issues, including breach of contract claims. Interviewees highlight his ability to 'spot critical issues early on in a dispute' and note that he is 'very good at negotiation and is very thorough.'

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