Mark W. Mercante

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.

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.

EDUCATION:

• Loyola University School of Law, J.D., 1995, cum laude
• 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

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

Professional Honors & Activities:

• Member – Steering Committee of Forum on the Construction Industry Division 3 – Design (2007 – 2016)
• 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)
• Member – New Orleans Bar Association
• Member – Federal Bar Association
• Member – Covington Bar Association
• Associate Member – Associated Builders and Contractors