John Marking

Of Counsel | IRVINE, CA
( 949) 852-6728

John has nearly thirty years of experience as a litigator focused on construction law and commercial litigation matters.

He represents owners, general contractors, construction managers, and sureties throughout the United States in connection with a diverse range of public and private construction projects, including  hotel/resorts, residential subdivisions, single family homes, condominiums, hospitals/medical facilities, schools and universities, military installations, freeways, underground pipelines, bridges, and power plants.

In addition to pre-litigation services, such as contract review and negotiations, John also assists client in the preparation and defense of various claims relating to delays, changes, extra work, defective plans and specifications, defective workmanship, differing site conditions, mechanic’s liens, insurance issues, indemnity issues, and bonding issues.

John has successfully represented clients in mediation, arbitration, bench trials, jury trials (he has spent over 300 calendar days in trial or arbitration), and appeals of complex litigation matters, including the following:

  • Part of the team that obtained over $100 million on behalf of the general contractor that built the Venetian Hotel, Casino and Canal Shops consisting of contract balance, extra work claims; defeated $300 million counterclaim alleging delays, liquidated damages and loss of revenue. Award included attorney and expert fees.
  • Obtained an $11 million settlement on behalf of a general contractor client against the Glendale Community College District relating to the construction of a multipurpose campus building including no payment on the District’s $4 million counterclaim alleging delays and liquidated damages.
  • Obtained a settlement of $3.5 million on behalf of a homeowner alleging defective work on a multi-million private residence in Newport Coast.
  • Achieved award of $3.4 million for client against school district for wrongfully withholding contract funds, and successfully defended against $5 million counterclaim for liquidated damages and cost overruns.
  • Successfully defended a general contractor against $14 million fraud, negligence and breach of contract claim relating to allegedly defective apartment complex and obtained positive recovery on the client’s wrongful termination counterclaim.
  • Arbitrated breach of contract dispute between an apartment project owner and general contractor for alleged defective work and non-payment and obtained an award in favor of the general contractor client for 100% of its claim including all attorney’s fees and costs incurred.
  • Drafted and argued a summary judgment motion regarding a statute of limitations contract clause resulting in the dismissal, with prejudice, of the contractor from the owner’s complaint.

John’s interests include travel, skiing, surfing and pickleball. He also enjoys spending time with his wife and two children.


  • Orange County Bar Association

Speaking Engagements & Publications

  • Author: Supplement to the Laws of Suretyship.
  • Two published appellate cases.

Areas of Practice

  • Construction
  • Commercial Litigation


  • Pepperdine Law School, J.D., 1994
  • University of California, San Diego, B.A., 1989

Bar Admissions

  • California

Court Admissions

  • All California State Courts
  • U.S. District Court for the Eastern, Central, and Southern Districts of California