Mark J. Weber

 

Mark J. Weber is a partner at Mound Cotton. He has over thirty years of experience representing insurers, reinsurers, and construction contractors in complex, high stakes disputes. His practice includes arbitrations, mediations, trials, and appeals involving first-and third party insurance coverage defense, reinsurance, subrogation, construction accidents, toxic tort, personal injury, and fraud.

Mark is a graduate of Fordham University School of Law. Before joining the firm, he was with a Fortune 50 company where he held various marketing, training, and management positions.

Honors

  • Super Lawyers, New York Metro, Construction Litigation, 2013-2019

Representative Matters

Counsel in various disputes arising from major private and public construction projects, including delay damages; property damage and personal injury claims arising from accidents, toxins, collapses and other catastrophes and related design defect, negligent construction, and violations of building codes and industry standards; bid protests; litigation of defense and indemnity obligations; as well as toxic tort, mass tort, class action, and other work site significant injury claims, such as:

  • Counsel for lead prime contractors in thousands of toxic tort personal injury suits in the World Trade Center Disaster Site Litigation before Judge Alvin Hellerstein in the United States District Court for the Southern District of New York.
  • Defense and appellate counsel for a multinational general contractor in connection with a $400 million property damage (building collapse) suit by the Port Authority and Con Ed in the 7 World Trade Center Property Damage Litigation.
  • Counsel for a major general contractor in multi-million dollar construction delay and breach of contract suit arising from the construction of the federal court house in St. Louis, Missouri.
  • Counsel for lead contractors in toxic tort, unsafe workplace state court litigations in connection with the reconstruction of Madison Square Garden and Citifield.
  • Counsel for international design and construction firm in commercial matters, corporate dissolution and related proceedings regarding the wind down of domestic operations and related corporate and litigation management strategies.
  • Counsel for major national bridge and tunnel contractor for various contract disputes, bid protests, TRO’s, and preliminary injunctions.
  • Counsel for major New York area contractors in high exposure construction accident and injury claims.
  • Counsel for professional engineers and construction companies regarding permissible business structures for the provision of “design-build” services in various jurisdictions.
  • Counsel for major construction companies in connection with lobbying federal and state representatives with respect to complex and controversial legislation capping private exposure and securing public funding.

Counsel for major insurers in numerous insurance coverage and other disputes, including:

  • First-party property and business income losses arising from construction defect, wind and hail, collapse, environmental damage, asbestos, mold, and other “sick building” issues.
  • Third-party liability insurance disputes involving pro rata allocation, non-cumulation, asbestos, bad faith, and bankruptcy resolution schemes.
  • Excess carriers in high exposure defense matters.
  • Primary liability insurers in state court litigation to vacate multiple personal injury settlements based on fraud scheme of underlying plaintiffs and providers.
  • Product and environmental liability defense matters.
  • High value subrogation matters.

Counsel for major reinsurers in complex, high value disputes, including multi-week arbitrations involving workers compensation retrocessions, long term care, surety bond, and captive matters.

 

Newsroom

Media Coverage

  • “Two Decisions Under New York Law on ‘Pro Rata’ vs. ‘Joint and Several’ Allocation,” co-authored with Lloyd Gura, MCWG Newsletter, Issue 4, Volume 23, Winter 2015/16
  • “Developments in Interpreting Scaffold Act/Labor Law §240,” co-authored with Barry Temkin, NYCLA Construction Law Journal, Summer 2011

Admissions

New York, 1993
New Jersey, 1993
New York State Courts
New Jersey State Courts
U.S. Supreme Court
U.S. District Courts for the Southern and Eastern Districts of New York
U.S. District Court for the District of New Jersey
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Eighth Circuit

Education

J.D., Fordham University School of Law, 1992; Editor, Entertainment, Media & Intellectual Property Law Journal
B.A., cum laude, Pace University, 1984

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