Overview

Mark A. Schiavo is a trial lawyer who represents businesses and public entities in significant commercial, construction and international disputes. He has tried cases to verdict and handled complex arbitrations involving major construction projects, long-term commercial agreements and cross-border transactions. Mark serves as Chair of Dilworth Paxson’s New Jersey offices and is a long-time member of the firm’s Executive Committee.

Mark’s practice focuses on complex business and contract disputes, construction and engineering litigation, international commercial arbitration, and creditor and enforcement matters. He regularly represents clients in disputes involving substantial financial exposure, complicated contractual relationships and technical or industry-specific issues. His matters have included jury trials, domestic and international arbitrations, appellate proceedings, public-contract disputes and complex litigation in state and federal courts.

A significant part of Mark’s practice involves the construction industry. He represents owners, contractors and other project participants in disputes involving design and engineering errors and omissions, defective construction, project delays, change orders, cost overruns, construction administration, payment claims and other issues arising from major public and private projects. His construction experience also includes public bidding and procurement disputes, including challenges involving contractor and subcontractor qualifications and design-build procurements.

Mark also has extensive experience handling disputes arising from long-term commercial relationships and international transactions. He has represented U.S. companies in significant domestic and international arbitrations involving metals and raw-material supply agreements, pricing and payment obligations, tariffs, financing charges, commissions, transportation and demurrage costs, setoff rights and other issues arising from complex supply-chain relationships. These matters have required coordination with foreign counsel and the application of both U.S. and foreign law.

In addition, Mark represents banks, lenders and other creditors in commercial loan, foreclosure and enforcement litigation involving secured obligations, deeds in lieu of foreclosure, guaranties and related appellate proceedings.

Mark approaches litigation with an understanding that the legal dispute is only one part of the client’s business problem. He works closely with executives, in-house counsel and business principals to understand the underlying commercial relationship, identify the issues that matter most to the client and develop a strategy that accounts for both the litigation and its broader business consequences.

Representative Experience

  • Represented a public owner in complex litigation arising from the design and construction of a large public high school. The matter involved extensive architectural and engineering errors and omissions, more than 100 design-related change orders, substantial delay claims, and the redesign and reconstruction of a deficient smoke-control and evacuation system.
  • Represented a public owner in construction litigation arising from the design and construction of an early-childhood education facility. The claims involved structural and seismic design deficiencies, micropile inspection and certification failures, project shutdowns, delay, and increased construction costs. The matter was resolved through a substantial settlement with the general contractor and design-professional defendants.
  • Successfully defended a public construction agency in an Appellate Division challenge to a major design-build procurement for additions and renovations to a high school. The dispute involved contractor and subcontractor qualification requirements, aggregate rating limits, bid responsiveness, and the standards governing review of public-agency procurement decisions. The appeal was dismissed with prejudice.
  • Obtained a jury verdict for a general contractor in the Philadelphia Court of Common Pleas Commerce Program in construction litigation arising from residential construction contracts. Successfully overcame efforts to shield the individual members of a defunct limited liability company from liability and obtained a verdict holding the individuals personally liable.
  • Represented a U.S. metals supplier in a substantial Swiss arbitration arising from an international pig-iron trading relationship involving more than 645,000 metric tons of product shipped aboard 13 vessels and underlying transactions exceeding $235 million. Defended against a $7.5 million claim and asserted substantial setoff rights and multimillion-dollar counterclaims involving pricing adjustments, transportation costs, demurrage, and customer-specific arrangements.
  • Represented a U.S. distributor in a Swiss Arbitration Centre proceeding arising from long-term ferromanganese supply agreements with a foreign trading company. The dispute involved financing charges, commissions, contractual modification, course of performance, settlement practices, and setoff rights under Swiss law.
  • Represented a U.S. metals company in interconnected maritime arbitration and insurance matters involving approximately 55,000 metric tons of pig iron stranded aboard a vessel in Ukraine following Russia’s invasion. The disputes involved multimillion-dollar shipping claims, bills of lading, charter-party obligations, war-risk coverage, and a constructive-total-loss claim under English law.
  • Represented a financial institution in complex commercial lending and foreclosure litigation arising from a substantial lending relationship involving a $25 million loan, negotiated settlement agreements, deeds in lieu of foreclosure, and competing enforcement claims.
  • Obtained judgment for a lender in coordinated foreclosure and commercial loan litigation and successfully defended the result through related proceedings and appeal. The litigation included foreclosure, contract claims, summary judgment, and res judicata issues.

Professional & Community Activities

  • Articles Editor, Delaware Journal of Corporate Law, 2000 – 2001
  • Law Clerk to the Honorable Robert G. Millenky, J.S.C., Superior Court of New Jersey, Camden County, 2001 – 2002
  • Member, New Jersey Bar Association
  • Member, Camden County Bar Association
  • Member, Burlington County Bar Association
  • Member, Pennsylvania Bar Association 
  • Member, Philadelphia Bar Association
  • Member, Justinian Society of Philadelphia

Speeches & Presentations

  • Panelist, “Privilege, Work Product Or None of the Above?”, Burlington County Bar Association, Commercial Bench and Bar Sub-Committee, May 27, 2015.

Professional Recognition

  • Named to South Jersey Biz “Leading Business Attorneys,” 2022
  • Selected a winner in the Corporate America M&A Awards for the Best in Construction Litigation – Pennsylvania, 2015
  • Selected a Rising Star in the area of business litigation by New Jersey Super Lawyers Magazine, 2014, 2015, and 2016
  • Selected a Best Attorney in Business in the area of construction law by South Jersey Biz, 2014 and 2015

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Representative Experience

  • Represented a public owner in complex litigation arising from the design and construction of a large public high school. The matter involved extensive architectural and engineering errors and omissions, more than 100 design-related change orders, substantial delay claims, and the redesign and reconstruction of a deficient smoke-control and evacuation system.
  • Represented a public owner in construction litigation arising from the design and construction of an early-childhood education facility. The claims involved structural and seismic design deficiencies, micropile inspection and certification failures, project shutdowns, delay, and increased construction costs. The matter was resolved through a substantial settlement with the general contractor and design-professional defendants.
  • Successfully defended a public construction agency in an Appellate Division challenge to a major design-build procurement for additions and renovations to a high school. The dispute involved contractor and subcontractor qualification requirements, aggregate rating limits, bid responsiveness, and the standards governing review of public-agency procurement decisions. The appeal was dismissed with prejudice.
  • Obtained a jury verdict for a general contractor in the Philadelphia Court of Common Pleas Commerce Program in construction litigation arising from residential construction contracts. Successfully overcame efforts to shield the individual members of a defunct limited liability company from liability and obtained a verdict holding the individuals personally liable.
  • Represented a U.S. metals supplier in a substantial Swiss arbitration arising from an international pig-iron trading relationship involving more than 645,000 metric tons of product shipped aboard 13 vessels and underlying transactions exceeding $235 million. Defended against a $7.5 million claim and asserted substantial setoff rights and multimillion-dollar counterclaims involving pricing adjustments, transportation costs, demurrage, and customer-specific arrangements.
  • Represented a U.S. distributor in a Swiss Arbitration Centre proceeding arising from long-term ferromanganese supply agreements with a foreign trading company. The dispute involved financing charges, commissions, contractual modification, course of performance, settlement practices, and setoff rights under Swiss law.
  • Represented a U.S. metals company in interconnected maritime arbitration and insurance matters involving approximately 55,000 metric tons of pig iron stranded aboard a vessel in Ukraine following Russia’s invasion. The disputes involved multimillion-dollar shipping claims, bills of lading, charter-party obligations, war-risk coverage, and a constructive-total-loss claim under English law.
  • Represented a financial institution in complex commercial lending and foreclosure litigation arising from a substantial lending relationship involving a $25 million loan, negotiated settlement agreements, deeds in lieu of foreclosure, and competing enforcement claims.
  • Obtained judgment for a lender in coordinated foreclosure and commercial loan litigation and successfully defended the result through related proceedings and appeal. The litigation included foreclosure, contract claims, summary judgment, and res judicata issues.

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