Mark S. Himmelstein


Mark Himmelstein is a partner in the Newport Beach office and practices in the areas of construction, real estate, business and insurance litigation. He also specializes in drafting and negotiating construction and real estate contracts.

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

Mark has drafted and negotiated complex owner-contractor agreements, subcontracts, design professional agreements, purchase and sale agreements, home improvement contracts, and other construction documents. He advises builders and general contractors on issues throughout the construction process including payment issues, mechanics’ liens, and repair of defective work, supplementation, termination of contractor/subcontractor, change order claims and insurance compliance.

Representative matters include:
• Defense verdict on behalf of developer in lengthy jury trial of a landslide case.
• Successfully defended structural design case in arbitration against home builder in which plaintiff received no recovery on all structural claims.
• Obtained 100% recovery of change order claims in litigation on behalf of general contractor against school district.
• Drafted and negotiated hundreds of owner-contractor, subcontract and design professional agreements for residential and commercial developers and general contractors.

He also serves as a mediator and arbitrator and presides over litigation involving construction, employment, personal injury and business claims.

A frequent lecturer and author, Mark has written 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.

Mark 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. Mark has been named BIA OC Associate of the year and Newmeyer & Dillion is a past recipient of BIA OC’s Associate Member Company. He is also active in the Orange County Business Council and Associated General Contractors of California.

For the last ten years, Mark 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 is 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® Preeminent 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.

Mark serves on a committee to raise funds for Easter Seals of Southern California and is also active in Orange County’s Canstruction fundraiser for the Orange County Food Bank.

• Author, "The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations," Newmeyer & Dillion, June 14, 2017

• Recipient of the Building Industry Association of Orange County’s Gwen Rosebeary Award
• Selected to the Southern California Super Lawyers list
• AV® Preeminent rated by Martindale-Hubbell

• McGeorge School of Law, University of the Pacific, J.D., 1982; with honors; American Jurisprudence Awards in Torts and Political Science
• Duke University, B.A., 1979

• California, 1982
• United States District Court, Central District of California
• United States District Court, Southern District of California

• Building Industry Association - Orange County, Board of Directors, Executive Committee and Chair Membership Committee
• Orange County Bar Association
• Associated General Contractors of California

American Bar Association, Forum on Construction Law, “Additional Insureds and Indemnity Clauses,” (Los Angeles, November 2017)