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

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

 June 8, 2017

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

The third time’s the charm for PTSD relief for Colorado’s first responders. After a pair of failed attempts over the past few years, the legislature finally sent a bill to the governor this year that would allow first responders to apply for mental impairment claim under Colorado workers’ compensation law after a “psychologically traumatic event.”… Read more »

Michael Burg Blasts Big Pharma

 June 6, 2017

Michael Burg Blasts Big Pharma

The political environment in DC couldn’t be better for Big Pharma. And it’s about to get worse, which is what worries Burg Simpson co-founder Michael S. Burg. “Dr. Scott Gottlieb, the newly appointed commissioner of the Food and Drug Administration, is so financially tied to Big Pharma that he could not possibly be a reliable… Read more »

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

 May 31, 2017

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

This Year Marks the Sixth Time the Denver-Based Law Firm Has Been Named to the Prestigious List May 29, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, one of America’s foremost plaintiff trial firms, is proud to announce it has been selected to The Legal 500 for 2017 and founding shareholder Michael S…. Read more »

Nick D. Fogel Earns Workers’ Comp Honor

 May 24, 2017

Nick D. Fogel Earns Workers’ Comp Honor

The awards just keep coming in for the attorneys at Burg Simpson. The Professionals in Workers’ Compensation (PWC) named shareholder Nick D. Fogel the 2016 Outstanding Claimant Attorney of the Year. Nick is Burg Simpson’s workers’ compensation department head and has extensive experience working with clients who’ve been injured at work. “I was humbled and… Read more »

Breach of Contact – Colorado Corporate Litigation Attorneys- Burg Simpson

 June 22, 2017

HOW LONG DOES A PARTY HAVE TO PERFORM HIS OR HER DUTY UNDER A CONTRACT?

If you are in the business world, a common cause of action you may encounter is for breach of contract. A breach of contract occurs when one party fails to perform an agreed-upon duty as specified in the contract, whether it’s verbal or written.  Sometimes the question arises as to how long a party to… Read more »

Second Jobs – Denver Work Comp Lawyers - Burg Simpson

 June 21, 2017

Does a Second Job Threaten Your Workers’ Comp Claim?

Colorado’s one of the more fortunate states in the country right now. While the national unemployment rate hovers around 4.3 percent, the Centennial State boasts a rate of nearly half that at 2.3 percent. Not only is it the lowest unemployment rate in the nation, it’s so low that the state’s jobless rate has only… Read more »

Jeremy Bitner Memorial Run- Burg Simpson

 June 19, 2017

Runners, Walkers Race to Honor Jeremy Bitner

Clouds may have threatened Colorado skies early Saturday morning, but that didn’t stop hundreds of runners, walkers, and children from showing up at Englewood’s Cornerstone Park for the 2017 Jeremy Bitner Memorial 5K/10K Run & 5K Walk. The fifth annual race honored the late Englewood Police Detective Jeremy Bitner, who died in the line of… Read more »

Texting and Driving – Colorado Personal Injury Attorneys – Burg Simpson

 June 16, 2017

Colorado Cracks Down on Texting and Driving

In late-February of last year, 28-year-old Athina Munoz barreled south down a rural Colorado highway when she realized she had an urgent text message to send. She swerved into oncoming traffic as she did so, killing an older couple on a motorcycle instantly. Munoz also tested three times the limit for alcohol, which helped earn… 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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