Mark S. Himmelstein   |   Partner

Mr. Himmelstein has extensive experience in the representation of developers, general contractors, subcontractors and design professionals in claims concerning purchasing and sale agreements, loans, lender liability, construction defects, cost overruns and delays, construction accidents, contract matters, fee disputes, and Contractor’s License Board disputes.  He also handles all aspects of insurance claims and litigation that impact these matters.

Mr. Himmelstein has drafted and negotiated complex owner-contractor agreements, subcontracts, design professional agreements, purchase and sale agreements, home improvement contracts, and other construction documents.

Mr. Himmelstein also serves as a mediator and arbitrator. He has presided over litigation involving construction, employment, personal injury and business claims.

Mr. Himmelstein has authored numerous articles on construction contract and risk management issues.  He has also spoken at construction and real estate industry events, on topics including risk management, Fix-It-Law, contract provisions, urban infill issues, and litigation developments.

Mr. Himmelstein is on the Executive Committee of the Board of Directors of the Building Industry Association of Orange County (BIA OC).  He also chairs BIA OC’s Membership Committee and Asset Opportunity Group.  Newmeyer & Dillion was named BIA OC Associate Member Company of the year in 2007.  Mr. Himmelstein was named BIA OC Associate of the year in 2006.

For the last five years, Mr. Himmelstein has been named to the roster of “Southern California Super Lawyers,” an annual peer-review survey conducted by Law & Politics magazine.  Southern California Super Lawyers in a compilation of the top 5 percent of attorneys in the area and is also published in Los Angeles Magazine.  In addition, he is AV® rated by Martindale-Hubbell, the highest rating an attorney can achieve from that publication.  An AV® certification mark is a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.

Mr. Himmelstein received his undergraduate degree from Duke University in 1979 where he majored in political science. He obtained his Juris Doctorate with honors from McGeorge School of Law in 1982. At McGeorge, he received the American Jurisprudence Awards in Torts and Political Science. He was also awarded merit scholarships and named to the Deans List.

Mr. Himmelstein is a member of the Association of Southern California Defense Counsel and served on its Board of Directors for over eight years. He also serves on a committee to raise funds for Easter Seals of Southern California.