Meet our Attorneys

Mark A. Holmgren

Associate

Attorney Mark Homgren hero image

Mark A. Holmgren joined Burg Simpson in 2016 to help the firm launch an Arizona construction defect practice group. Mr. Holmgren’s practice focuses on plaintiffs’ construction defect litigation, and he has represented owners of high- and low-rise condominiums, office condominiums, mixed-use projects, schools, and single-family homes in Arizona and New Mexico. Mr. Holmgren is also licensed in Oregon.

Mr. Holmgren began litigating complex construction defect claims in 2002 when he joined the multi-state firm of Duke Gerstel Shearer, LLP. Mr. Holmgren eventually managed that firm’s Arizona office. Mr. Holmgren also began his homeowners’ association general counsel practice at this time. In 2004, Mr. Holmgren was recruited by the Law Offices of John Chaix, PC, where Mr. Holmgren continued his plaintiffs’ construction defect practice. In 2007, Mr. Holmgren was recruited by Carpenter, Hazlewood, Delgado & Bolen, PLC, where he represented homeowners associations, condominiums, and individual homeowners in myriad types of disputes, but with an emphasis on construction defect litigation.

In addition to his construction defect experience, Mr. Holmgren has extensive experience serving as insurance defense counsel and general counsel for condominiums and planned communities in Arizona and New Mexico. Mr. Holmgren’s community association experience includes litigation of everything from hate speech to embezzlement and providing advice to association directors on a wide variety of issues. Mr. Holmgren also has extensive appellate experience.

Mr. Holmgren began practicing law in 1999 with the representation of Arizona charter schools, small businesses, and individuals in a variety of matters in all areas of law.

Mr. Holmgren was admitted to the practice of law in Arizona in 1999, in Oregon in 2007, and in New Mexico in 2013.

Appeals

Insurance Defense Litigation

Community Association Litigation

$4.2 Million, collapsible soils at single-family homes

$1.7 Million, collapsible soils at single-family homes

$1.0 Million, defective condominium

$1.3 Million, defective condominium

$2.1 Million, defective condominium

$1.8 Million, defective condominium

$1.4 Million, defective condominium

$2.4 Million, defective condominium

$2.1 Million, defective HOA common areas

$1.0 Million, defective single-family homes

$1.7 Million, defective condominium

CAI Central Arizona Spotlight Award, 2012

New Mexico, 2013

Oregon, 2007 (Inactive)

Arizona, 1999

Appointed as Class Counsel for Kachina Hill Homeowners litigation, Pima County Superior Court

Appointed as Class Counsel for Wildflower Ranch Homeowners litigation, Maricopa County Superior Court

J.D., 1998, University of Arizona College of Law

B.A., 1995, Political Science, Arizona State University

State Bar of Arizona

Oregon State Bar (Inactive)

State Bar of New Mexico

Community Associations Institute

Arizona Estates Home Owners Association, Board Member and Officer, 2001-2002, 2004-2013

Little League / Softball Coach, 2009-2013

“Arizona Coverage and Current Trends, MC Consultants 21st Annual West Region Construction Defect and Insurance Coverage Conference” CLE Presentation, co-authored, September 18, 2015

“The Real Estate Guy” Radio Show, KFYI2, Phoenix, Arizona, September 12, 2015

“Deposition Strategy and Tactics” CLE Presentation, May 14, 2015

“Arizona/Nevada Coverage and Current Trends” CLE Presentation, co-authored, September 20, 2013

“The Duty to Inspect” Community Resource Magazine, Fall 2013

“Association Contracts: We Have to Read Them?” CHDB Newsletter, January 23, 2013

“Obscure Things You May Not Have Known about Civil Procedure” CLE Presentation September 28, 2012

“When Should Associations Tender to Insurance?” CHDB Newsletter, May 15, 2012

“The Current Status of the Indemnity Provision in Arizona” CLE Presentation, co-authored, March 22, 2012

“Bankruptcy Issues in Arizona Affecting Construction Defect Litigation” CLE Presentation, co-authored, March 22, 2012

“Arizona Coverage and Current Trends” CLE Presentation, co-authored, September 9, 2011

“Your Association Has Been Sued. Now What?” CHDB Newsletter, May 13, 2011

“Why HOAs?” CHDB Newsletter, March 11, 2011

“Tracking Condominium Association Responsibilities” CHDB Newsletter, August 13, 2010

“Well, What Does the Contract Say?” CHDB Newsletter, July 30, 2010

“My Other Brother Is Also a Landscaper” CHDB Newsletter, March 26, 2010

“My Brother Is a Landscaper” CHDB Newsletter, March 19, 2010

“Attorney-Client Relationship and Privilege Issues in Representing Homeowners Associations” CLE Presentation, April 8, 2009

Arizona Coverage and Current Trends, MC Consultants 21st Annual West Region Construction Defect and Insurance Coverage Conference, San Diego, California; September 18, 2015

Deposition Strategy and Tactics, Chicago, Illinois; May 14, 2015

Arizona/Nevada Coverage and Current Trends, MC Consultants 19th Annual West Region Construction Defect and Insurance Coverage Conference, San Diego, California; September 20, 2013

Obscure Things You May Not Have Known about Civil Procedure, Carpenter Hazlewood Firm Retreat, San Diego, California; September 28, 2012

Bankruptcy Issues in Arizona Affecting Construction Defect Litigation, MC Consultants Construction Defect Seminar; March 22, 2012

The Current Status of the Indemnity Provision in Arizona, MC Consultants Construction Defect Seminar, Phoenix, Arizona; March 22, 2012

Arizona Coverage and Current Trends, MC Consultants 17th Annual West Region Construction Defect and Insurance Coverage Conference, San Diego, California; September 9, 2011

The Essentials of Community Association Volunteer Leadership, Community Associations Institute - Central Arizona Chapter, Tempe, Arizona; April 18, 2009

Essentials Class, Community Associations Institute - Central Arizona Chapter, Tempe, Arizona; April 18, 2009

Attorney-Client Relationship and Privilege Issues in Representing Homeowners Associations, Arizona Community Association Bar Association, Tempe, Arizona; April 8, 2009

ABC’s: A Basic Course for Community Associations, Community Associations Institute – Southern Arizona Chapter, Tucson, Arizona; November 5, 2005

Certified Instructor, Arizona Association of Community Managers

Speaker, Community Association Institute, Southern Arizona Chapter

Speaker, Community Association Institute, Central Arizona Chapter

Burg Simpson’s Alan K. Simpson Urges Trump to Keep Campaign Promise

 March 23, 2017

Burg Simpson’s Alan K. Simpson Urges Trump to Keep Campaign Promise

One of President Trump’s newest proposed executive orders is meant to protect “religious liberty.” Instead, it has the potential to legalize the discrimination of gays, women, and other minorities. As such, Burg Simpson founding shareholder Alan Simpson urges the president to think twice before signing it, arguing that not only is the measure wildly unpopular… Read more »

Michael S. Burg Makes Case for Supreme Court Nominee

 March 23, 2017

Michael S. Burg Makes Case for Supreme Court Nominee

Supreme Court nominee Neil Gorsuch’s lengthy Senate confirmation hearing is expected to wrap up this week. President Trump nominated Gorsuch, a 10th Circuit Appellate judge, last month to fill the late Justice Scalia’s seat after his sudden death last year. The Colorado native has drawn strong Republican support but faces critical Democrats concerned about his… Read more »

Winners Awarded in Burg Simpson College Scholarship Competition

 March 15, 2017

Winners Awarded in Burg Simpson College Scholarship Competition

Denver, CO – Burg Simpson Eldredge Hersh & Jardine, one of America’s foremost plaintiff trial firms, announced the winners of its Fifth Annual College Scholarship Competition. Launched in 2012, the competition encourages seniors from across the state to write a 1,500-word essay about the importance of the civil jury system as the guardian of American… Read more »

5th Annual Jeremy Bitner 5K to support fallen officers

 March 7, 2017

5th Annual Jeremy Bitner 5K to support fallen officers

Denver, Colorado – On May 28th, 2012 Englewood Police Detective Jeremy Bitner lost his life after he was struck and killed by a vehicle while performing a traffic stop. The 8-year police veteran left behind his wife as well as a young son and daughter, and his absence was felt by other family members and… Read more »

Are Medical Malpractice Caps Costing Injured Colorado Residents?

 March 3, 2017

Are Medical Malpractice Caps Costing Injured Colorado Residents?

A recent article in the Legal Examiner, a legal periodical, asks provocative questions as to whether Colorado’s medical malpractice caps on non-economic damages are costing injured Colorado residents who have been the victims of medical malpractice.  The often-cited justification for caps on medical malpractice damages is to prevent the premiums for physicians’ medical malpractice liability… Read more »

Burg Simpson’s Colorado Insurance Bad Faith Attorneys Help Win Fight to Strengthen Consumer Rights

 February 24, 2017

Burg Simpson’s Colorado Insurance Bad Faith Attorneys Help Win Fight to Strengthen Consumer Rights

Burg Simpson congratulates shareholders Thomas W. Henderson and Brian K. Matise and attorney Nelson Boyle for their great win. On behalf of the Colorado Trial Lawyers Association, these Burg Simpson attorneys submitted a pro bono “friend of the court” brief in Nibert v. Geico Casualty Co, 2017COA23. With their help, Colorado insurance consumers’ rights are… Read more »

Recall Alert: Comprehensive Reverse Shoulder Recalled by Zimmer Biomet

 February 17, 2017

Recall Alert: Comprehensive Reverse Shoulder Recalled by Zimmer Biomet

Zimmer Biomet has issued a Class I Recall of its Comprehensive Reverse Shoulder due to higher than reported fracture rates.  Zimmer Biomet issued the recall on December 15, 2016.  The Zimmer recall includes thousands of Comprehensive Reverse Shoulders.  The recalled devices were distributed between October 2008 and September 2015.  As part of the shoulder recall,… Read more »

Burg Simpson Construction Defect Group Discuss Colorado Municipal Ordinances

 January 30, 2017

Burg Simpson Construction Defect Group Discuss Colorado Municipal Ordinances

Ronald Sandgrund (Of Counsel), along with Associates Jennifer Seidman, Leslie Tuft and Nelson Boyle of the Burg Simpson Construction Defect Group have co-authored a three-part article in The Colorado Lawyer. The article discusses the many recently enacted construction defect Colorado municipal ordinances, including their “right-of-repair,” “HOA disclosure and consent-to-sue” and arbitration procedures. Part 1 of… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

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