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Mark De St. Aubin

Mark De St. Aubin

Partner

Atlantic Station
201 17th Street NW
Suite 1700
Atlanta, GA 30363
T 404.322.6029
M 404.550.7849
mark.destaubin@nelsonmullins.com
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For more than 30 years, Mark has advised owners, contractors and engineers on national and international projects. Mark has considerable experience in resolving disputes through arbitration, mediation, and the courts. He has prosecuted and defended against a broad range of claims including those for cost overruns, delay, productivity losses, design deficiencies, defective work, scope changes...

For more than 30 years, Mark has advised owners, contractors and engineers on national and international projects. Mark has considerable experience in resolving disputes through arbitration, mediation, and the courts. He has prosecuted and defended against a broad range of claims including those for cost overruns, delay, productivity losses, design deficiencies, defective work, scope changes and project mismanagement.

Mark has developed substantial experience drafting and negotiating all types of design, construction, design-build, procurement, and engineering agreements on behalf of owners, developers, and contractors. Mark frequently counsels owner clients, in particular, on selecting and refining a project delivery method best suited to the client’s goals and risk tolerance. 

After guiding clients through project delivery and then negotiating complementary agreements, clients seek further advice from Mark on how to manage the cost and time impacts that can threaten increasing the cost and time of completion.

Mark proposes business driven solutions utilizing contract terms and generally accepted construction and design risk allocations to keep projects moving toward successful completion, while maintaining good working relationships between the various project participants. 

 

Mark De St. Aubin

and project mismanagement.

Mark has developed substantial experience drafting and negotiating all types of design, construction, design-build, procurement, and engineering agreements on behalf of owners, developers, and contractors. Mark frequently counsels owner clients, in particular, on selecting and refining a project delivery method best suited to the client’s goals and risk tolerance. 

After guiding clients through project delivery and then negotiating complementary agreements, clients seek further advice from Mark on how to manage the cost and time impacts that can threaten increasing the cost and time of completion.

Mark proposes business driven solutions utilizing contract terms and generally accepted construction and design risk allocations to keep projects moving toward successful completion, while maintaining good working relationships between the various project participants. 

 

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Previous Professional Experience 

  • Partner, Atlanta-based global law firm (1993 – 2022)
  • Partner, southeast-based construction law firm 

Publications 

  • “Minimizing the Risks of Foreign Construction Contracts,” Construction Business Review, co-author 
  • “The Risks of Litigating with Foreign Companies,” Construction Business Review
  • “Fighting City Hall and Making Them Pay: Recovery of Attorneys Fees Under the Equal Access to Justice Act,” Construction Business Review
  • “The Advantages and Disadvantages of Design-Build Contracting,” Construction Business Review
  • “Owners Perspective: Allocating Contract Administration Duties and Responsibilities Between Construction Managers and Architects,” Construction Business Review
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Previous Professional Experience 

  • Partner, Atlanta-based global law firm (1993 – 2022)
  • Partner, southeast-based construction law firm 

Publications 

  • “Minimizing the Risks of Foreign Construction Contracts,” Construction Business Review, co-author 
  • “The Risks of Litigating with Foreign Companies,” Construction Business Review
  • “Fighting City Hall and Making Them Pay: Recovery of Attorneys Fees Under the Equal Access to Justice Act,” Construction Business Review
  • “The Advantages and Disadvantages of Design-Build Contracting,” Construction Business Review
  • “Owners Perspective: Allocating Contract Administration Duties and Responsibilities Between Construction Managers and Architects,” Construction Business Review

Recognitions

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Chambers and Partners USA
    • Construction - Georgia (2017-2025)
    • Construction: Alternative Dispute Resolution - Georgia (2023-2025)
  • The Best Lawyers in America®, Atlanta, Construction Law; Litigation—Construction (2021-2023)
  • Martindale-Hubbell® Peer Review Ratings, AV Preeminent® (2011-2023); Recognized Practitioner (2017-2019)

Professional Activities

  • Founding Board of Trustees Member, Cristo Rey Atlanta Jesuit High School (2011 – 2017)
  • Board Member, Catholic Charities Atlanta (2005 – 2008)
  • Board Member, Chattahoochee Nature Center

Leadership

  • Outstanding Atlanta (2008)
  • Buckhead Business Association’s Leadership Development Program (1997)

For more than 30 years, Mark has advised owners, contractors and engineers on national and international projects. Mark has considerable experience in resolving disputes through arbitration, mediation, and the courts. He has prosecuted and defended against a broad range of claims including those for cost overruns, delay, productivity losses, design deficiencies, defective work, scope changes... and project mismanagement.

Mark has developed substantial experience drafting and negotiating all types of design, construction, design-build, procurement, and engineering agreements on behalf of owners, developers, and contractors. Mark frequently counsels owner clients, in particular, on selecting and refining a project delivery method best suited to the client’s goals and risk tolerance. 

After guiding clients through project delivery and then negotiating complementary agreements, clients seek further advice from Mark on how to manage the cost and time impacts that can threaten increasing the cost and time of completion.

Mark proposes business driven solutions utilizing contract terms and generally accepted construction and design risk allocations to keep projects moving toward successful completion, while maintaining good working relationships between the various project participants. 

 

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Previous Professional Experience 

  • Partner, Atlanta-based global law firm (1993 – 2022)
  • Partner, southeast-based construction law firm 

Publications 

  • “Minimizing the Risks of Foreign Construction Contracts,” Construction Business Review, co-author 
  • “The Risks of Litigating with Foreign Companies,” Construction Business Review
  • “Fighting City Hall and Making Them Pay: Recovery of Attorneys Fees Under the Equal Access to Justice Act,” Construction Business Review
  • “The Advantages and Disadvantages of Design-Build Contracting,” Construction Business Review
  • “Owners Perspective: Allocating Contract Administration Duties and Responsibilities Between Construction Managers and Architects,” Construction Business Review

Education

  • University of Mississippi School of Law, JD
  • Wake Forest University, BA

Admissions

  • Georgia
  • New York

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Chambers and Partners USA
    • Construction - Georgia (2017-2025)
    • Construction: Alternative Dispute Resolution - Georgia (2023-2025)
  • The Best Lawyers in America®, Atlanta, Construction Law; Litigation—Construction (2021-2023)
  • Martindale-Hubbell® Peer Review Ratings, AV Preeminent® (2011-2023); Recognized Practitioner (2017-2019)
  • Founding Board of Trustees Member, Cristo Rey Atlanta Jesuit High School (2011 – 2017)
  • Board Member, Catholic Charities Atlanta (2005 – 2008)
  • Board Member, Chattahoochee Nature Center
  • Outstanding Atlanta (2008)
  • Buckhead Business Association’s Leadership Development Program (1997)