Mark McAlpine
Founding Principal and Managing Partner
Mark L. McAlpine is the founding principal and managing partner at McAlpine, PC., a boutique construction and commercial litigation firm headquartered in Auburn Hills, Michigan. The Firm practices nationally and internationally and has developed a stellar reputation as one of the leading construction litigation firms in the United States. The Firm has consistently been recognized by the Martindale-Hubbell Bar Register of Preeminent Lawyers, U.S. News & World Report and numerous peer-review publications. Mr. McAlpine is consistently rated as one of the best construction lawyers in America by the publication The Best Lawyers in America, the definitive guide to legal excellence in the United States.
Mr. McAlpine has extensive experience in numerous areas of commercial and business dispute resolution. His primary focus is construction law and related matters, including litigation, claims, business formation, transactions, contract formation, real estate and development, negotiation, employment law and dispute resolution. He has extensive experience with nearly all types of construction projects, including petrochemical, health care, automotive, public infrastructure, private and public utilities, industrial, high rise office and large multi-family, educational, gaming, military, private development, government and energy facilities. Mr. McAlpine has represented the interests of investors, owners, general contractors, specialty subcontractors, suppliers, sureties, lenders, and design professionals in litigation across the county. He oversees matters ranging from small productivity claims to very complex multi-million-dollar litigation involving multiple parties. He has represented clients on many high-profile multi-billion-dollar projects, specializing in resolving “bet the company” litigation and arbitration.
As a trial lawyer, Mr. McAlpine has obtained some of the largest jury verdicts and arbitration awards in the United States and in Michigan in various complex jury trials and arbitrations. He has tried construction cases throughout the United States, including handling significant matters in the state and federal trial courts of most states, including California, New York, Florida, Texas, Illinois, Pennsylvania, District of Columbia, Missouri, New England, Ohio, South and North Carolina, Georgia, Tennessee, Washington, South Dakota, Virginia and Louisiana. He also has extensive experience in the appellate courts of many states and federal circuits.
Mr. McAlpine is actively involved with various local and national construction industry groups including The Associated General Contractors of America (member of the insurance, contract documents, project delivery systems, federal procurement, airports and subcontractor relations committees) and served as the Vice Chair of the Contract Documents Committee’s of the AGC, representing the AGC in Standard Contract negotiators with the Engineers Joint Contract Document Committee and the American Institute of Architects. He is also an active member of the Construction Association of Michigan and the Michigan Infrastructure and Transportation Association.
He has also been active in the American Public Works Association, the American Water Works Association, Water and Wastewater Equipment Manufacturing Association and the National Society of Professional Engineers, frequently featured as a lecturer. He has also lectured to the Florida Underground Contractors Association, the North Carolina Chapter of the National Society of Professional Engineers and many others on issues dealing with proper risk allocation in construction contracts and alternative dispute resolution. He regularly teaches construction law courses for various industry and trade organizations such as the Construction Association of Michigan. He has served as a member of the adjunct law faculty at the Wayne State University School of Law, teaching Contract and Construction Law.
Mr. McAlpine is involved in the Forum on the Construction Industry and the Public Contracting and Litigation Sections of the American Bar Association. He is a member of the Construction and Construction Liens Committee of the Real Property Section of the State Bar of Michigan. Mr. McAlpine frequently publishes and lectures locally and nationally on a full range of construction law topics. He is the author of Michigan Construction Liens (ICLE) which has been cited by the Michigan Supreme Court as the leading authority on the Michigan Construction Lien Act (Vugterveen Systems, Inc. v. Olde Millpond Corp., 454 Mich. 119 (1997)).
Mr. McAlpine has extensive alternative dispute resolution experience. He is a past Chairperson of the Alternative Dispute Resolution Section of the State Bar of Michigan where he worked at evaluating and developing new and innovative ways of avoiding litigation and resolving commercial disputes in a cost-effective and efficient manner while also preserving or restoring business relationships. He is also active in the ABA’s Alternative Dispute Resolution Section and is the former Chairperson of the ADR Ethics Subcommittee of the Professional and Judicial Ethics Committee of the State Bar of Michigan. Mr. McAlpine serves as a mediator and arbitrator and as a member of the American Arbitration Association’s National Panel of Construction Arbitrators.
Mr. McAlpine served as the Chairperson of the American Arbitration Association's Regional Council on Large and Complex Cases and as a member of the American Arbitration Association’s National Large and Complex Cases Panel of Arbitrators. He also lectures and publishes frequently on a wide range of ADR topics. At the request of the Michigan Supreme Court, Mr. McAlpine has served on the teaching faculty of the Michigan Judicial Institute where he has delivered seminars to judges throughout Michigan on the management of large and complex cases and the use of ADR in the courts.
In addition to an extensive construction law practice, Mr. McAlpine has experience in a wide range of general business and commercial matters, including business entity formation, sales and mergers of companies, the development of corporate and business strategies, shareholder disputes, aviation law and in evaluating and assisting in the negotiation and resolution of contract-based disputes. He also has extensive experience in resolving and monitoring insurance claims, employment matters, shareholder disputes, partnership dissolutions, franchise issues, banking transactions and computer contracting.
He is a past member of the Civil Procedure and United States Court Committees of the State Bar of Michigan and a current member of the ABA’s Litigation Section. He publishes and frequently lectures on a wide range of civil procedure and trial practice issues.
Mr. McAlpine is also active in the State Bar of Michigan where he has served as Chairperson and a member of the Michigan Bar Journal Advisory Board and is a past member of the Professional and Judicial Ethics Committee and Representative Assembly where he chaired the Assembly Review Committee.
While at the Detroit College of Law (now the Michigan State University School of Law), Mr. McAlpine was the recipient of numerous academic awards and served as the Editor-in-Chief of the Detroit College of Law Review. He is a past member of the DCL Alumni Association Board of Directors.
Mr. McAlpine is a former senior partner in the Detroit law firm of Clark, Klein & Beaumont, P.L.C. (now Clark Hill, L.L.C). He is admitted to practice in numerous Federal District and Circuit Courts of Appeal and the United States Federal Claims Court. In addition to various national acknowledgments of his expertise as a construction lawyer, Mr. McAlpine has also received an “AV” rating by the Peer Review Rating Services of LexisNexis Martindale-Hubbell which defines an AV rating as “a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence”. He has been recognized for years for his construction law expertise by Michigan Super Lawyers, Crain’s Detroit Business, U.S. News & World Report, various who’s who publications and numerous other legal peer review organizations.
Bar Admissions
- Michigan, 1983
- Michigan Supreme Court
- U.S. Court of Federal Claims
- U.S. Federal Circuit Courts for the 2nd, 6th, 9th, and 11th Circuits
- U.S. Supreme Court
Education
- Michigan State University College of Law (formerly Detroit College of Law), East Lansing, Michigan
- J.D. cum laude - 1983
- Honors: Recipient, Numerous Academic Awards
- Law Review: Detroit College of Law Review, Editor-in-Chief, 1982 - 1983
- Oakland University, Rochester, Michigan
- B.S. - 1980
- Major: Political Science
- Major: Philosophy