Mark E. Petersen Esq.

Mark Petersen is a Partner at W&D Law with a wide range of experience litigating construction defect, mass tort, personal injury, wrongful death, product liability, breach of contract, interference with contractual relations, commercial trespass, subrogation, fraud, real estate nondisclosure, and contract cases. Mark is licensed to practice law in California and Colorado. His practice has included representation of real estate developers, brokers and agents, construction contractors, retail chains, government entities, commercial and private property owners, design professionals, materials suppliers, and products manufacturers. His design professional matters have included disputes over alleged design deficiencies, construction delays, accelerated costs, contract and Code interpretation, and standards of care.

Throughout his career, Mark has specialized in complex litigation, often assuming a defense leadership position. He has participated in numerous trials and arbitrations, some of long duration. In Castron v. Fieldstone, Mark defended a concrete ready-mix supplier, successfully challenging plaintiffs’ junk science. In other matters, he has been called to assist trial counsel at the commencement of trial.

Mark has extensive experience in all aspects of construction cases and special training in concrete and cementitious materials matters. He has achieved significant successes in Kelly-Frye hearings, administrative matters, and motion practice. Mark has led a team of attorneys and paralegals in a lengthy, complicated rail system design action. At the invitation of clients, Mark has also litigated actions in Arizona, Washington, and Hawaii.

Juris Doctor – Southwestern School of Law, 1982
Bachelor of Arts (English) – California State University at
Long Beach, 1979
Graduated with Academic Honors

State Bar of California – 1982
State Bar of Colorado – 2021
U.S. Supreme Court – 1998
U.S. District Court – Central District of California – 1984
U.S. District Court – Southern District of California – 2014
U.S. District Court – Hawaii – 2015 (pro hac vice admission)
State Bar of Arizona – 2006/2007 (three pro hac vice admissions)
State Bar of Washington – 2017 (pro hac vice admission)
State Bar of Hawaii – 2015 (pro hac vice admission)
State Bar of Utah – 2024 (pro hac vice admission)
American Concrete Institute
Association of Southern California Defense Counsel
Orange County Bar Association – Masters Division and
Construction and Tort Litigation Sections
J. Reuben Clark Law Society

When Mistakes Are Made (June 2019, Idaho Society of Professional Engineers Annual Meeting, Coeur d’Alene, Idaho)
A Primer on Contractual Indemnity (10th Annual Construction Law Symposium – Orange County Bar Association – program panelist)
Riverstone Claims Offsite Symposium – 2006 Guest Speaker, Manchester, New Hampshire
Ready-Mix Trade Association Symposium (2006 Program Panelist – Arizona)
Understanding and Defending Against Claims for Consequential Damages and Contractual Limitations on Statutes of Limitation; A Review of Brisbane Lodging v. Webcor Builders, Inc. and co-author of seminar materials (2014 Program Panelist, West Coast Casualty Construction Defect Seminar)
Litigating Sulfate Attack Cases in California, Numerous Presentations to Insurance Carrier Groups
Moot Court Judge – Southwestern School of Law
L.D.S. Church So. Cal. Panel Member and Curriculum Author Re: Immigration Reform and Control Act – 1986

Represented subcontractor in a successful response to an appeal in Brookview Condominium Owners’ Assn. v. Heltzer Enterprises-Brookview , 218 Cal.App.3d 502 (1990) whereby the Court of Appeal upheld motions to dismiss an action while opining on issues of service of process, waiver, and estoppel.

Avid reader of History and Literature; enjoys waterskiing, snow skiing, bodyboarding, camping, and boating; active in Church administrative positions.