Professional Experience

Mark Rysberg focuses his practice on construction law. He works as a litigator and legal advisor to parties involved in the construction industry. Having worked in the commercial construction and real estate industries for over ten years before practicing law, Mark’s experience adds insight into how to work with his clients as a business advisor and legal advocate. He is experienced with a broad range of construction issues. problems. and disputes. Mark has drafted and reviewed design and construction contracts on behalf of owners, developers, general contractors, subcontractors, suppliers, architect/engineers, consultants, sureties, design/builders, and construction manager clients.

He has been admitted to practice in the U.S. District Court, Western District of Michigan, Eastern District of Michigan and Northern District of Michigan. Mark has also been admitted to practice in the U.S. Federal Court of Claims and the U.S. Court of Appeals, 6th Circuit.

Mark received his B.S. degree in Building Construction Management from Michigan State University. He received his J.D. degree from Thomas M. Cooley Law School.

Mark has written and lectured to construction trade associations on various topics related to the construction industry and construction law.

Contact:

Lisa Palomino, Paralegal:
    • Commercial Litigation
    • Construction Law
    • Real Estate Law
  • Management Liability Insurance Specialist (MLIS®)
  • Certifie Construction Auditor with the National Association of Construction Auditors
  • Construction Control Professional with the National Association of Construction Auditors
  • 40-Hour State Court Administrator’s Office, Approved General Civil Mediation Training
  • Super Lawyers 2022, Rising Star by Super Lawyers 2016-2020
  • Best Lawyers in America, Construction Law 2021
  • Construction Lawyers Society of America Fellow 2019-2020
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Industry Affiliations

  • American Institute of Architects
  • American Subcontractors Association, Western Michigan Chapter, Board of Directors, 2016-Present
  • Construction Financial Management Association, Heavy/Highway Subcommittee, Publications Advisory Committee
  • Home and Building Association of Greater Grand Rapids
  • Michigan Infrastructure and Transportation Association
  • National Association of Construction Auditors
  • National Home Builders Association

Presentations

  • “Current Issues Involving Construction Contract Language”; co-presenter, Construction Financial Management Association, Grand Rapids, Michigan, April 2022
  • “COVID-19 Updates”;  American Subcontractors Association of Michigan General Membership Meeting, co-presenter, Grand Rapids, Michigan, October 2020
  • “Contract Language and Scheduling”; American Subcontractors Association of Michigan, Hudsonville, Michigan, June 2018
  • “Captive Insurance Overview and Spring Creek Discussion”; Co-presenter, Construction Financial Managers Association of South West Michigan, Kalamazoo, Michigan, April 2018
  • Moderator, “Scheduling Issues Round Table”; American Subcontractors Association of Michigan, Grand Rapids, Michigan March 2018
  • “Captive Insurance”; Construction Financial Management Association Education Summit, Western Michigan Chapter, Grand Rapids, Michigan, March 2017
  • “Michigan Construction Contract Clauses”; Michigan Infrastructure and Transportation Association, Lansing, Michigan, October 2016
  • “The Best Advice is Free: Working with Professionals”; co-presenter, West Michigan Construction Industry Forum, Grand Rapids, Michigan, October 2016
  • “Potential Pitfalls of Doing Business Out of State”; co-presenter, Construction Financial Management Association’s Midwest Regional Conference, Oak Brook, Illinois, September 2016
  • “Collective Bargaining Agreements and Union Withdrawal Liability”; Construction Financial Management Association Southwest Chapter, Kalamazoo, Michigan, September 2016
  • “Michigan Construction Contract Clauses;” Construction Financial Management Association Southwest Chapter, Kalamazoo, Michigan, February 2016
  • “The Michigan Builders’ Trust Fund Act and Management Liability”; West Michigan Construction Industry Forum, co-presenter, Grand Rapids, Michigan, October 2015
  • “Liens and Bonds 2.0 – Standard Operating Procedures for Construction Companies”; West Michigan Construction Industry Forum, co-presenter, Grand Rapids, Michigan, October 2015

Publications

    • “Federal Agencies Grant Short Temporary Waiver of New ‘Buy America’ Requirements”; co-author, Hilger Hammond Construction Law Blog, July 2022
    • “Reading Between the Lines: An Avoidable Insurance Coverage Issue Revealed in Skanska USA Building v. M.A.P. Mechanical”; Hilger Hammond Construction Law Blog, August 2020
    • “Managing Cash-Flow During the COVID-19 Crisis For Compliance With the Michigan Builders’ Trust Fund Act”; Hilger Hammond Construction Law Blog, April 2020
    • “Construction Defect Coverage: the Michigan Supreme Court Revisits the Question Of Whether Coverage Exists For Construction Defects Under Standard Commercial General Liability Policies”; Hilger Hammond Construction Law Blog, January 2020
    • “Captive Insurance Update: Limitation on Premium Revenue Increases”; Hilger Hammond Construction Law Blog, June 2019
    • “Captive Insurance Programs Improve a Contractor’s Bottom Line”; Hilger Hammond Construction Law Blog, February 2019
    • “Repeal of Prevailing Wage Constitutional Challenges Rejected”; Hilger Hammond Construction Law Blog, February 2019
    • “Captive Insurance Opportunities Using Contractor Controlled Insurance Programs (CCIPs)”; Hilger Hammond Construction Law Blog, July 2018
    • “Controlled Insurance Programs Within the Construction Industry”; Hilger Hammond Construction Law Blog, June 2018
    • “Captive Insurance — Do the Changes to the 2018 Corporate Tax Rates Impact the Viability of 831(b) Captive Insurance Programs?”; Hilger Hammond Construction Law Blog, February 2018
    • “Construction Contract Clauses, Part 7 — Indemnification and Insured Contract Coverage”; Hilger Hammond Construction Law Blog, October 2017
    • “Construction Contract Clauses, Part 6 — Waiver of Claims for Insured Losses”; Hilger Hammond Construction Law Blog, June 2017
    • “Construction Contract Clauses, Part 5 — Conversion Clauses”; Hilger Hammond Construction Law Blog, June 2017
    • “Construction Contract Clauses, Part 4 — Express Trust Clauses”; Hilger Hammond Construction Law Blog, June 2017
    • “Construction Contract Clauses, Part 3 — Site Investigation Clauses”; Hilger Hammond Construction Law Blog, June 2017
    • “Captive Insurance Changes for 2017”; Hilger Hammond Construction Law Blog, April 2017
    • “Captive Insurance Structures Designed for Different Needs, Goals and Funding Abilities”; Hilger Hammond Construction Law Blog, March 2017
    • “Captive Insurance and Risk Retention”; Hilger Hammond Construction Law Blog, February 2017
    • “Michigan Prevailing Wage Update”; Hilger Hammond Construction Law Blog, February 2017
    • “Construction Contract Clauses Part 2 — Flow Through Provisions”; Hilger Hammond Construction Law Blog, November 2016
    • “Construction Contract Clauses Part 1 — Integration Clause”; Hilger Hammond Construction Law Blog, November 2016
    • “The Good, The Bad, and The Ugly — The Michigan Builders’ Trust Fund Act”; Hilger Hammond Construction Law Blog, October 2016
    • “The Good, The Bad, and The Ugly – The Michigan Builders’ Trust Fud Act”; Michigan Infrastructure and Transportation Association – Cross Section, Summer 2016
    • “Michigan Builders’ Trust Fund Act – Officer and Employee Liability”; Hilger Hammond Construction Law Blog, November 2015
    • “A Potential Pothole In The Paving – Proposed Changes to Paving Warranty Obligations”; Hilger Hammond Construction Law Blog, September 2015
    • “Michigan Prevailing Wage Act – Committee Report on Fiscal Impact”; Hilger Hammond Construction Law Blog, September 2015
    • “Michigan Prevailing Wage Act – Where Things Stand”; Hilger Hammond Construction Law Blog, September 2015
    • “Prevailing Wage Repeal and Withdrawal Liability”; Hilger Hammond Construction Law Blog, June 2015
    • “The Michigan Builders’ Trust Fund Act – Understanding the Obligation”; Hilger Hammond Construction Law Blog, May 2014
    • “Management of a Construction Company – Lessons in Hindsight“; Hilger Hammond Construction Law Blog, May 2014
    • “Well-Drafted License Provisions in Architectural Design Agreements are Good Business”; American Institute of Architects, March 2014
    • “Michigan Contractors May Face New Law – The Michigan False Claims Act”; Hilger Hammond Construction Law Blog, October 2013
    • “Detroit Bankruptcy – Effect on Construction Contractors”; Hilger Hammond Construction Law Blog, July 2013
    • “Sworn Statements and Substantial Compliance with the Michigan Construction Lien Act”; Hilger Hammond Construction Law Blog, May 2013
    • “The Michigan Builders’ Trust Fund Applies to Construction Projects in Other States”; Hilger Hammond Construction Law Blog, January 2013
    • “Increase in Funding for Michigan Road Construction”; Hilger Hammond Construction Law Blog, November 2012
    • “Proposed Expansion of the Michigan Construction Anti-Indemnification Statute”; Hilger Hammond Construction Law Blog, January 2012
    • “The Value of an Ounce of Prevention”; Lawyers as Economic Drivers, co-author, Vandeplas Publishing, pgs. 167-171, 2012
    • “The One-Year Discovery Extension to the Statute of Limitations Only Applies to Tort Claims”; Hilger Hammond Construction Law Blog, November 2011
    • “Whose Money Is It Anyway – Avoiding Hidden Liability When Lending to Contractors”; Michigan Banker, Vol. 23, No. 9, September 2011
    • “An Overview of Private Placement” ;Hilger Hammond Construction Law Blog, September 2011
    • “Bill to Repeal the Michigan Occupational Health and Safety Act”; Hilger Hammond Construction Law Blog, June 2011
    • “House Bill Proposes to Repeal Michigan’s Prevailing Wage Law”; Hilger Hammond Construction Law Blog, June 2011
    • “Payment Bonds on Public Project”; Hilger Hammond Construction Law Blog, April 2011
    • “Bidding on Public Projects Funded by the American Reinvestment Recovery Act”; Hilger Hammond Construction Law Blog, March 2011
    • “Class Action Lawsuit Filed Against U.S. Green Building Council”; Hilger Hammond Construction Law Blog, December 2010
    • “Michigan Builders’ Trust Fund Act: Contractor Jailed For Not Paying Sub”; co-author, Hilger Hammond Construction Law Blog, December 2010
    • “Proposed Legislation Would Reward New Leadership in Energy and Environmental Design Certified Construction,” Hilger Hammond Construction Law Blog, December 2010
    • “Diversity in Construction Contracting”; co-author, Hilger Hammond Construction Law Blog, October 2010
    • “Support Guide for Friends and Family of the Michigan Homeowner’s Lien Recovery Fund”; co-author,  Hilger Hammond Construction Law Blog, October 2010
    • “Competitive Bidding on Prevailing Wage Projects”; Hilger Hammond Construction Law Blog, September 2010
    • “Who Must Comply with the New EPA Renovation Repair and Painting Rule?”; co-author, Hilger Hammond Construction Law Blog, April 2010
  • Michigan State University, B.S., Building Construction Management
  • Thomas M. Cooley Law School, J.D., cum laude