Mark D. Gropp
Top rated Construction Litigation attorney in Atlanta, GeorgiaWasson, Sours & Harris P.C.
Mr. Gropp's practice areas include Construction Law, Environmental Law, Construction Labor Law, Surety Law, Business Litigation, General Civil Litigation, and Arbitration. He represents project owners, developers, engineers and other design professionals, general contractors, subcontractors, suppliers and sureties. Mr. Gropp also serves an arbitrator of construction claims and disputes.
Mr. Gropp has over twenty-five (25) years of experience as a construction attorney representing subcontractors, general contractors, project owners, developers, architects, engineers, surveyors, sureties, consultants, real estate professionals, property managers and other businesses in breach of contract claims, construction defect claims, payment disputes, extra work claims, contract interpretation matters, errors and omissions claims, bond claims, claims regarding employment agreements, lien perfection matters, state and federal wage & hour disputes, and project delay/acceleration claims. Mr. Gropp has been involved in the successful litigation and resolution of multi-million dollar claims involving both public and private construction projects including educational, medical, ground & air transportation, commercial, industrial, institutional, multi-family residential, public housing, senior/assisted living, mixed-use development, condominium, and single-family residential projects. In connection with his construction litigation practice, Mr. Gropp also has extensive experience in the resolution of environmental and other governmental citations relative to construction projects, as well as judgment collection efforts, including garnishments, levies upon assets, lien foreclosures, and structured post-judgment settlements.
Mr. Gropp routinely engages in the preparation, editing, and negotiation of contract documents pertaining to a wide variety of construction projects, and further assists his clients with the preparation and filing of business formation documents, shareholder agreements, employment agreements, resolutions, mergers, joint-venture agreements, non-compete agreements and other corporate/company documents relative to their respective businesses.
In addition to his construction litigation and arbitration experience, Mr. Gropp also has expertise in Environmental Law, Toxic Torts, and Water Law. Mr. Gropp has successfully litigated cases against major corporations, utility companies and land owners regarding underground storage tank releases, migrating plumes of contamination, storm water management, erosion & sedimentation, and excessive noise.
Prior to beginning his practice of law in 1998, Mr. Gropp gained twelve (12) years of experience in the fields of civil and environmental engineering, last serving as Group Director of Civil and Environmental Engineering for Rosser International, Inc., a multi-national architectural and engineering firm. As a project manager and registered professional engineer, his experience covers a wide variety of engineering projects with expertise in: geotechnical engineering; construction materials testing; industrial and hazardous waste management; environmental audits and site assessments; storm water management; soil/groundwater investigations and remediation; underground and aboveground storage tanks/fueling systems; infrastructure analysis and improvement projects; civil site design for commercial, industrial, governmental, and residential development projects; aviation projects; and wetlands permitting & mitigation.
Practice areasConstruction Litigation: Business, Alternative Dispute Resolution, Business Litigation, Business/Corporate, Environmental Litigation
First Admitted: 1997, Georgia
Professional Webpage: https://www.wshpc.net/mark-gropp
- W.K. Dickson & Co., Inc.; 2000 Concrete, LLC; Roswell Drywall, LLC; House HVAC/Mechanical, Inc.; Parker Engineering & Mechanical, Inc.; C.D. Mechanical, Inc.; Electrical Contracting Management, LLC; Lowe Engineers, LLC; Wallace Electric Company; D & N Electric Company; European Construction, Inc., Williams Form Engineering Corporation, BeckMore Masonry, Inc., W.H. Mechanical, Contracting, LLC; Convest Development Corporation; C & H Mechanical and Plumbing, Inc.; Parra Concrete & Construction, LLC; A.R.S., Inc.; Ram Flooring, Inc.; Grassco Landscape Managment, LLC; Atlanta Flooring Design Centers, Inc.; Speedy Concrete, LLC; Hibble, Peters & Dawson Consulting Engineers; Garrett Consulting, Inc.; A.G. Quality Trim, LLC; Cabinet Distribution Group, Inc.; Daniel Insulation, Inc.; United Grading & Excavating; Miller Electrical Contractors, Inc.; Enterprise Walls & Ceilings of GA, LLC; Air One Systems, LLC; Merganser Enterprises, Inc.; Total Managment Resources, LLC; Cool United Air Southeast, LLC; MGM Custom Homes & Remodeling, LLC; Orion Construction Group; Zapien's Construction LLC; Stucco Bell International & Co., Inc.; PPD Management, LLC; C&S Glass, LLC; The Dernehl Company, LLC; 3 Kings Construction Residential, LLC; Everglades Landscape Contractors, LLC; Lowe Engineers, LLC; All South Restoration, Inc.; W&A Engineering; The Management Group, LLC; Wiley Electric, Inc.; Pugh Engineering Services, LLC; C.M. Cochran Construction, Inc.; Paulding Investement Group, LLC; AAA Signs & Safety Products, Inc.; Tindall Corporation
- General Trial Practice, Environmental Law, and Construction Law Sections, State Bar of Georgia
- 1999-2018 – Numerous high five to seven-figure recoveries on behalf of subcontractors after mediation, arbitration, or litigation of lien perfection and payment bond claims. 2001 – Provided successful and complete defense of surveyor against errors & omissions claim brought by property owner. 2003 – Represented general contractor on a public housing renovation project in the successful litigation and high six-figure recovery of a delay damages claim. 2003 – Obtained arbitration award in favor of purchaser/property owner against condominium builder on numerous construction defect claims. 2003 – High five-figure settlement and recovery after litigation of mechanical engineer’s claim against architect regarding professional services performed on various projects. 2004 – Represented utility subcontractor on a GDOT interstate highway project in the successful litigation and recovery on a bond claim against a general contractor and its surety. 2004 – Obtained summary judgment in favor of drywall subcontractor against general contractor in litigation of claims related to a multi-family residential project. Obtained six-figure recovery in favor of subcontractor after the Georgia Court of Appeals upheld the trial court’s ruling. 2005 – Represented painting subcontractor in litigation of claims against developer of a Georgia College and State University student housing project. Obtained successful recovery in favor of subcontractor after mediation. 2005 – Represented directional boring subcontractor on a GDOT interstate highway informational signage project in the successful litigation and recovery on a bond claim against a general contractor and its surety. 2005 – Obtained six-figure summary judgment in favor of seller of racecar in business litigation against purchaser of same. 2005 – Successful negotiation and high-six figure recovery of mechanical subcontractor’s claims against general contractor and its surety on a public school project. 2006 – Successful litigation/mediation of property owner’s environmental damages claim against major oil company. Obtained high six-figure settlement in favor or property owner. 2007 – Six-figure arbitration award and recovery on general contractor’s claim against owner of a commercial development project. 2007 – Arbitration and successful recovery of homeowner’s termite damage claim against surety on a termite bond. 2007 – Successful defense of a civil engineer in a Clean Water Act federal case involving storm water runoff from a public park project and alleged damages to adjacent property. 2008 – Obtained multi-million dollar settlement and recovery in favor of concrete subcontractor after breach of contract/lien perfection litigation against owner/developer of a metro Atlanta mixed-use development project. 2008 - Represented commercial property owner in successful negotiations and recovery from GDOT on an inverse condemnation matter. 2008 – Obtained six figure recoveries on behalf of concrete subcontractor against developer of multi-family residential projects in Tennessee and North Carolina. 2009 – Successful litigation/mediation of property owner’s noise-related nuisance claim against major utility company. Obtained significant monetary recovery in addition to noise abatement. 2009 – Obtained high six-figure arbitration award in favor of homeowners against builder on construction defect claims. 2009 – Obtained highly-favorable arbitration award in favor of utility sub-subcontractor against subcontractor on a Metro Atlanta public school project. 2011 – Successful representation of a mechanical subcontractor on a courthouse construction project in the negotiation and settlement of Davis-Bacon Wage & Hour and Fair Labor Standards Act brought by the U.S. Department of Labor. 2011 – Successful negotiation and settlement of concrete subcontractor’s delay damages claim against general contractor on a Louisiana State University classroom building project. 2011 – Provided complete and successful defense of employee and new employer in litigation brought by former employer on claims based on alleged breach of an employment contract/non-compete agreement. 2011 – Successful defense of prime consultant/civil engineer in errors & omissions claim/litigation resulting from public park contractor’s delay claim against project owner. 2011 – Successful defense of general contractor and its surety against claims brought by sub-subcontractor on an office building project. 2011 – Obtained high six-figure recovery on concrete subcontractor’s claims against general contractor and developer of a multi-family residential project in Mobile, Alabama. 2011 – Successful representation and defense of subcontractor against claims brought by Tennessee Department of Labor on a public development project. 2011 – Successful representation and defense of restaurant owner in litigation of general contractor’s disputed claim for additional compensation. 2011 – Successful defense of mechanical contractor in class action lawsuit initiated by condominium homeowner’s association. 2011 - In the landmark case of 3400 Partners, LLC v. Chavez; 309 Ga.App. 475, 711 S.E.2d 19 (2011), cert. denied, Mr. Gropp successfully defeated a condominium developer's argument that an extraneous and erroneous reference in an exhibit to a subcontractor's lien rendered the lien defective. The Georgia Supreme Court DENIED the developer's petition for certiorari in this case with all Justices concurring. 2012 - Complete defense of construction sales representative in action brought by former employer regarding an employment/non-compete agreeement. 2012 - Resolution of numerous construction labor issues and subcontractor disputes on a major municipal project. 2012 - Successful arbitration and defense of restaurant owner with respect to claims asserted by general contractor. 2012 - Six-figure recoveries on behalf of subcontractor on bonded hospital and school projects. 2012 - Successful defense of maker/guarantor on a promissory note in action filed by major bank. 2013 - Litigation and settlement of contractor's claims against homeowner and insurer. 2013 - Arbitration and resolution of subcontractor's claims against contractor and developer of a Tennessee condominium project. 2014 - Litigation, mediation and settlement in favor of subcontractor against contractor and developer of a Louisiana casino project. 2014 - Successful defense of contractor in action brought by defaulting vendor. 2014 - Arbitration and eventual settlement of disputed claims between contractor and subcontractor on an Alabama student housing project. 2014 - Preparation of merger documents and shareholder agreements relative to merger of two contractors. 2014 - Numerous favorable settlements on lien and bond claims on projects in GA, FLA, NC, SC, TN and AL. 2015 - Litigation and recovery on subcontractor's claims against contractor on an Alabama multi-family housing project. 2015 - Complete defense of contractor's performance bond claim against subcontractor on an Ohio multi-use development project. 2015 - Property damage claim and settlement on behalf of commercial property owners against contractor/developer of adjacent mixed-use development project. 2015 - Representation of sellers and purchasers in various commercial real estate transactions. 2016 - Garnishment action and 100% recovery on subcontractor's judgment against defaulting general contractor on Tennessee redevelopment project. 2016 - Preparation of seven-figure liens on behalf of subcontractor on West Georgia multi-use development project, with subsequent settlement and recovery of all amounts owed. 2016 - Defense of lower-tier subcontractor's claims against subcontractor regarding multiple projects in North Carolina. 2016 - Representation of multiple subcontractors with lien claims on mixed-used project in Metro Atlanta, with subsequent litigation/mediation and favorable settlement of all claims. 2017 - Litigation of subcontractor's contract claims against homebuilder with 100% recovery. 2017 - Arbitration of homeowner's construction defect claims and favorable settlement on behalf of subcontractor. 2018 - Lien perfection actions and subsequent mediation/arbitration/high six-figure settlement of major subcontractor's claims against defaulting general contractor on multi-use developments in Georgia and Tennessee. 2018 - 100% recovery on bank garnishment action filed against judgment debtor/general contractor. 2018 - Lien perfection actions followed by mediation and settlement of subcontractor's claims against general contractor on senior living projects in Georgia and North Carolina. 2018 - Litigation of subcontractor's lien perfection actions and 100% recovery on claims against developer of multiple multi-family housing projects in Metro Atlanta.
- Chi Epsilon - Civil Engineering Honorary Fraternity, 1985
- Juris Doctor, Georgia State University, 1997
- Bachelor of Science, Civil Engineering, Michigan State University, 1986
- U.S. District Court, Middle District of Georgia, 2020
- State Bar of Georgia
- U.S. District Court, Northern District of Georgia
- Licensed Professional Engineer in both Georgia and Michigan
- Supreme Court of Georgia
- Georgia Court of Appeals
- American Bar Association
- American Society Of Civil Engineers
- Associated General Contractors Of America
- National Society Of Professional Engineers
- Northeast Cobb Business Association
- Super Lawyers: 2011 - 2023