- About Mark
- Education & Credentials
- Professional and Community Involvement
- Honors & Awards
- Publications
- Presentations
Mark Rysberg focuses his practice on construction law. For over 13 years, he has worked as a litigator and legal advisor to parties involved in the construction industry. Before becoming an attorney, Mark worked in the commercial construction and real estate industries for over ten years. His deep experience adds insight into how to work with his clients as a business advisor and legal advocate. Mark has written and lectured to construction trade associations on various topics related to the construction industry and construction law.
He is experienced with various construction issues, problems, and disputes. Mark has drafted and reviewed design and construction contracts for owners, developers, general contractors, subcontractors, suppliers, architects, engineers, consultants, sureties, designers, 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. In his free time, he enjoys boating and big-game fishing.
“Good lawyers add value, not just provide a service. Lawyers should be partners to their client’s endeavors.”
Education
Michigan State University
Bachelor of Science
East Lansing, MI
Thomas M. Cooley Law School
J.D., cum laude
Lansing, MI
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Bar Admissions
- Michigan
Court Admissions
- U.S. District Court, Western District of Michigan
- Eastern District of Michigan and Northern District of Michigan
- U.S. Federal Court of Claims
- U.S. Court of Appeals, 6th Circuit
- 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
- Management Liability Insurance Specialist (MLIS®)
- Certified Construction Auditor, National Association of Construction Auditors
- Construction Control Professional, 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
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
Presentations
- “Succession Planning & Risk Management around Organizational Logistics”; co-presenter, Michigan Department of Transportation – 43rd Annual Small Business Conference, Novi, MI, March 2024
- “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
Hilger Hammond blog publications from attorney Mark Rysberg:
Federal Agencies Grant Short Temporary Waiver of New “Buy America” Requirements
By: Christopher E. Nyenhuis and Mark A. Rysberg On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (IIJA) into law. The IIJA appropriates $1.2 trillion in funding for physical infrastructure improvements. This represents the largest public investment in physical infrastructure in United States history. This
Reading Between the Lines: An Avoidable Insurance Coverage Issue Revealed in Skanska USA Building v. M.A.P. Mechanical
Insurance coverage is an integral part of the construction process. The contract documents rely on insurance to facilitate the risk allocation and risk transfer needs of the project. These contractual specifications lay out the types of coverage, policy limits, and policy terms required. Many people engaged in the construction
Managing Cash-Flow during the COVID-19 Crisis for Compliance with the Michigan Builders’ Trust Fund Act
The Great Recession is still fresh in many people’s minds. Those involved in the construction industry certainly recall how those economic problems resulted in tightening cash-flow and the demise of contractors such as Lamar Construction. The present crisis is causing similar concerns. When those topics come up, many business
Construction Defect Coverage: the Michigan Supreme Court revisits the question of whether coverage exists for construction defects under standard commercial general liability policies
An important case for contractors and subcontractors has surfaced at the Michigan Supreme Court. Skanska USA Building, Inc. v. M.A.P. Mechanical Contractors, Inc. raises the question: is property damage coverage under a standard commercial general liability policy when the damage results from a construction defect? Courts throughout the country
Captive Insurance Update: Limitation on Premium Revenue Increases
On January 1, 2019, the limitation on premium revenue under IRC 831(b) increased from $2.2 million to approximately $2.3 million. This occurred by operation of 26 U.S.C. 831(E), which provides that the $2.2 million limit shall be increased annually by a cost-of-living adjustment rounded up to the next lowest
Captive Insurance Programs Improve a Contractor’s Bottom Line
By Mark Rysberg, Esq. and Daniel Hatch, Esq. Attorneys Mark A. Rysberg and Daniel J. Hatch of Hilger Hammond recently authored a comprehensive article in CFMA Building Profits magazine regarding captive insurance programs and how they can improve a contractor’s bottom line.
Repeal of Prevailing Wage Constitutional Challenges Rejected
By Mark Rysberg, Esq. In 2018, the Michigan Legislature repealed Michigan’s prevailing wage statute following a citizen led initiative to repeal the same. A group supporting prevailing wage law, Protect Michigan Jobs, recently challenged the validity of the repealing statute arguing that the statute was invalid as unconstitutional.
Captive Insurance Opportunities Using Contractor Controlled Insurance Programs (CCIPs)
By: Mark A. Rysberg Captive insurance within the building construction industry is well established. Such programs are generally developed to reduce insurance premium costs and to approach risk management from a strategic perspective. Captive insurance programs can provide additional strategic benefits when operated properly. For example, by retaining a
Controlled Insurance Programs Within the Construction Industry
By: Mark A. Rysberg A controlled insurance program (CIP) can be implemented on a construction project to provide project-specific coverage that is directed at managing the risks transferred to third-party insurers. There are generally two forms of CIPs; those controlled by contractors (CCIPs) and those controlled by project owners
Captive Insurance – Do the Changes to the 2018 Corporate Tax Rates Impact the Viability of 831(b) Captive Insurance Programs?
By: Mark A. Rysberg The short answer is: no. From the perspective of some people, the reduction in the corporate tax rate from the rate that existed in 2017 to the rates that will be applied in 2018 eliminates the incentives for captive insurance participants to elect 831(b) taxation.