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Mark A. Voigtmann |

Partner

Professional Experience

Mark Voigtmann is leader of the firm’s construction and real property liability group. With considerable experience in leading an interdisciplinary team of professionals in the representation of a common client (including in non-litigation matters), Mark himself has special expertise in legal issues affecting the construction, real estate and manufacturing industries. In his role as a construction lawyer, he has assisted clients with virtually every phase of the construction process, from the negotiation and drafting of project agreements to the litigation and arbitration of complex defect and delay claims. Mark has represented construction clients of all types, including owners, design professionals, construction managers, general contractors, subcontractors, suppliers and automation "integrators."

In addition to his firm responsibilities, Mark is presently General Counsel to the Control System Integrators Association, an international group of more than 300 engineering and high tech firms engaged in the automation of advanced manufacturing and other process facilities, and Construction Law Counsel to the Indiana Construction Roundtable, a statewide umbrella organization of owners involved in construction. He writes the column "Legalities: Engineering and the Law" for Control Engineering. The international magazine, which is published in five languages, is a leading voice in the $115 billion global control and instrumentation marketplace. Mark previously served as General Counsel to the Indiana Subcontractors Association.

Mark also has considerable experience in representing clients in real estate litigation, including title insurance coverage and defense, eminent domain proceedings and foreclosures. He is an arbitrator on the American Arbitration Association’s national panel and a member of the AAA’s Construction Arbitration Advisory Committee.

Representative Engagements

• Counsel for numerous construction companies and owners in connection with defect and delay claims of all types
• Counsel to control system, automation and engineering companies throughout North America in connection with project structuring and disputes, including for projects in Arizona, California, Colorado, Hawaii, Illinois, Michigan, Missouri, Montana, New Mexico, New York, Oklahoma, Pennsylvania, Texas and Quebec
• Representation of one of the world’s largest pharmaceutical companies in construction matters throughout the United States
• Representation of two of the country's leading title insurance companies in the defense of title insurance claims throughout the Midwest
• Defense of one of the nation’s largest railroads in a statewide class action lawsuit rising from the abandonment of railroad rights-of-way
• Representation of a large steel manufacturer in connection with defects in the integration of an automated production facility
• Representation of a multinational food and beverage manufacturer with significant automation problems
• Lead attorney for arbitrations arising in the construction of a commercial jet maintenance hub in Indianapolis
• Numerous representations of commercial and residential owners in connection with serious construction defects and mold claims
• Numerous engagements on behalf of owners and contractors in connection with contractor insolvencies, claims on performance and payment bonds, and interpretation of insurance policies
• Representation of several contractors in claims for damages arising from a work suspension at the Indianapolis-Marion County Public Library
• Representation of large highway contractor in recovery of delay damages due to delays in acquiring real estate in interstate expansion project

Honors

• The Best Lawyers in America — Commercial Litigation, 2009-11, and Construction Law, 2011
• American Society of Business Publication Editors, 30th Annual Excellence Awards — Silver winner for regular columns by a contributing writer for publications with a circulation of 80,000 or more (Mark authors "Legalities: Engineering and the Law" for Control Engineering), 2008
• Indiana Law Review — Associate Editor
• West Publishing Co. Award, 1989

Professional Associations

• Indianapolis Bar Association
• Indiana State Bar Association
• American Bar Association — Forum on the Construction Industry

Publications 

• "Does PE Licensing Matter?" Control Engineering, June 2008
• "Avoid This $2.5 Million Error," Control Engineering, February 2008
• "Auditing Legal Health," Control Engineering, November 2007
• "Sanitizing E-Mails, Control Engineering, July 2007
• "Seven Rules for Writing Specs," Control Engineering, April 2007
• "Memo to Your Attorney," Control Engineering, February 2007
• "The Case for a New Kind of Lawyer: The Technology Construction Lawyer," co-author with Shawna M. Eikenberry, Paper for World Batch Forum North American Conference, 2006
• "Silence Can Be Binding," Control Engineering, December 2006
• "Seeking Dollars for Delays," Control Engineering, September 2006
• "Beware the Dirty Dozen," Control Engineering, August 2006
• "Make This or Make It Do This?" Control Engineering, May 2006
• "Neglect Patents at Your Peril," Control Engineering, January 2006
• "Handshakes and Automation Contracts," Control Engineering, October 2005
• "Taking Pictures Might Help Opponent's Lawsuit," Indianapolis Business Journal, 1997
• "Realities of Civil Litigation Can Frustrate Many," Indianapolis Business Journal, 1996
• "Does Your Neighbor Own Your Property?" Indianapolis Business Journal, 1995
• "Financing Statements Do Double Duty Under New Ruling,"  Indianapolis Business Journal, 1995
• "Ignore 'Don't Pay Them, Pay Us' at Your Peril," Indianapolis Business Journal, 1994
• "The Short History of a Rule of Evidence That Failed," 23 Ind. L. Rev. 927, 1990

Presentations

• "Do Control Engineers Need to Be Licensed?" CSIA Annual Executive Conference, Savannah, Georgia, 2008
• "Design Professional Malpractice," Halfmoon Seminars, Indianapolis, 2007
• "The Case for a New Kind of Lawyer: The Technology Construction Lawyer," World Batch Forum North American Conference, Atlanta, 2006
• "Controlling the Terms and Conditions in Customer Contracts," CSIA Annual Executive Conference, Panama City, Florida, 2006
• "Fundamentals of Construction Contracts in Indiana: Understanding the Issues," Lorman Educational Services, Evansville, Indiana, 2006
• "Contracts and Negotiations," Wonderware Solution Provider Conference, Newport Beach, California, 2005
• "Sixteen Ways to Make Your Company and Craft People Safer," Indiana Subcontractors Association, Lafayette, Indiana, 2004
• "Overview of Intellectual Property Licensing Issues," CSIA Annual Executive Conference, Palm Desert, California, 2004
• "A Legal Toolkit for the CSIA Integrator," CSIA Control and Information Systems Integrators Association Annual Executive Conference, New Orleans, 2003
• "Mold Law 101," ASHRAE, South Bend, Fort Wayne and Indianapolis, 2003
• "We Don't Have a Contract — We Just Have This Purchase Order. How Do We Know Who's Right?" Indiana Construction Industry Conference, Fort Lauderdale, Florida, 2002
• "Who Wants to Be a Construction Lawyer?" Indiana Construction Industry Conference, Nassau, 2001
• "A Contractor’s Survival Kit," Indiana Subcontractors Association, Indianapolis, 2002
• "Utility Relocation Delays: The Legal Aspects," Indiana Constructors, Indianapolis, 2002
• "A Legal Survival Kit for Facilities Managers," Indiana Physical Plant Administrators Association, Bloomington, Indiana, 2002
• "Everything You Need to Know About Liens in an Hour or Less," Mechanical Contractors Association of Indiana, Indianapolis, 2001
• "Effective Construction Documentation," CSIA Peer Group Meeting, Indianapolis, 2001
• "They're Talking About You in the Other Room," Indiana Construction Roundtable, Indianapolis, 2001