Mark A. Voigtmann

Partner

Overview

Mark Voigtmann knows construction projects and real estate disputes. For more than 30 years he has negotiated practical, innovative contracts to avoid construction project meltdowns and — where disputes have become unavoidable — has litigated or arbitrated millions of dollars in complex construction claims and cases involving real estate.

Automation and robotics law

Mark is nationally known for his introduction of construction law principles to the world of industrial automation, robotics and software. He is longtime counsel to the Control System Integrators Association and its members. He wrote "The Automation Legal Reference: A Guide to Legal Risk in the Automation, Robotics and Process Industries," published by the North Carolina-based International Society of Automation. Mark has represented owners, control system and enterprise resource planning (ERP) integrators, automation providers and robot makers throughout North America, including in projects and disputes involving energy, utility, pharmaceutical, healthcare, agricultural, textile, vehicle assembly, airport and baggage handling, and in the design and construction of automated storage and retrieval systems (ASRS).

Heavy construction

Mark also knows his way around large civil, tunneling, infrastructure, geotechnical and engineering projects, and the variety of issues that arise from them.

Collaborative contracting and dispute resolution

Mark is the author of an incremental, education-based system for supercharging collaboration on large construction and automation projects, and is a strong believer in resolving disputes by applying creative (often unique) mechanisms to avoid the court system entirely.

Arbitrations

Mark is a respected arbitrator on the American Arbitration Association's national construction panel and, where not serving as the neutral decisionmaker, is known as a practical and effective advocate on behalf of parties to arbitrations.

Credentials

Bar Admissions

Indiana

Court Admissions

U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana

Education

Indiana University Robert H. McKinney School of Law
J.D. magna cum laude (1990)

University of Missouri
B.J. in Journalism (1978)

Insights & Events

Other Perspectives
  • Lessons from the Hot Stove: Construction Projects with Problems
    Moderator, Construction Summit, Indianapolis, 2019
  • The Legalities of Maintenance and Service Contracts
    Speaker, Burrow Global, Houston, 2019
  • Introduction to Construction Contract Review
    Speaker, Webinar, 2018
  • How to Manage Legal Risk on a Shoestring
    Speaker, Webinar, 2017
  • Not All IPD Projects are Lean
    Speaker, Lean Construction Institute, Webinar, 2016
  • The New and Improved Consensus Docs 300
    Speaker, Lean Construction Congress, Boston, 2015
  • Implementing Integrated Project Delivery: Theory Meets Reality
    Speaker, Notre Dame University, 2015
  • The Automation Legal Reference: A Guide to Legal Risk in the Automation, Robotics and Process Industries
    Author, International Society of Automation, 2013
  • 21 Legal Takeaways for the Automation Industry
    Author, Control Engineering Magazine, 2013
  • Know Your Project Delivery Method
    Author, Control Engineering Magazine, 2010
  • Litigating Construction Cases in the United States
    Speaker, Ferrovial, Madrid, 2010
  • Responsibilities for Functional Safety for Machine and Process Control
    Speaker, CSIA, 20019
  • Negotiating Take It or Leave It Contracts
    Author, Control Engineering Magazine, 2008
  • Overview of Intellectual Property Licensing Issues
    Speaker, CSIA Annual Executive Conference, 2004
  • A Contractor's Legal Toolkit
    Speaker, CSIA Annual Executive Conference, 2003
  • Mold Law 101
    Speaker, ASHRAE, 2003
  • We Don't Have a Contract We Just Have This Purchase Order. How Do We Know Who's Right?
    Speaker, Indiana Construction Industry Conference, 2002
  • A Legal Survival Kit for Facilities Managers
    Speaker, Indiana Physical Plant Administrators Association, 2002
  • Who Wants to Be a Construction Lawyer?
    Speaker, Indiana Construction Industry Conference, 2001
  • Everything You Need to Know About Liens in an Hour or Less
    Speaker, Mechanical Contractors Association of Indiana, 2001
  • Realities of Civil Litigation Can Frustrate Many
    Author, Indiana Business Journal, 1996
  • Law in Plain English
    Author, Indiana Business Journal (column),1994-99
  • The Short History of a Rule of Evidence That Failed
    Author, 23 Indiana Law Review 927, 1990

Leadership & Community

Professional Associations

  • Control Engineering — Editorial Advisory Board
  • American Bar Association — Forum on the Construction Industry

Firm Leadership

  • Leader, Real Estate & Construction Practice Group, 2020-present

Honors

  • Best Lawyers®— Construction Law, 2011-22; Construction Litigation, 2012-22; Real Estate Litigation, 2012-22 (Real Estate Litigation Lawyer of the Year, 2019); and Commercial Litigation, 2009-11
  • Martindale-Hubbell — Top Ranked Lawyer in Construction Law, Peer Review Rating: AV®
  • Faegre Drinker — Pro Bono Honor Roll, 2020
  • 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

Awards Methodology


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