Mark D. Herbert

Madison, Mississippi

Mark Herbert is a partner in the firm's Business & Commercial Litigation Practice Group and practices from the firm's Jackson office. He is a graduate of Millsaps College, where he received his Bachelor of Arts degree, cum laude, and of The University of Mississippi School of Law, where he received a Juris Doctor Degree. During his 35 year career as a construction lawyer, Mr. Hebert has tried over 200 cases involving construction disputes. He has recently handled arbitrations and state and federal court cases for construction firms involving delays and disruptions, wrongful termination, cost overruns, unpaid retainage, design error, defective specifications and bid challenges. He has been lead counsel on cases across the country involving breach of supply and fabrication of specialty components for power plants, the construction of high power transmission lines and the construction of complex industrial facilities. Mr. Herbert has experience representing sureties in both payment and performance bond claims and is an active panel counsel for a major carrier representing architects and engineers in errors and omission actions.

In addition, he has represented the outdoor advertising industry in Mississippi and Tennessee for over 30 years.

While in law school, Mr. Herbert was a member of Phi Theta Kappa, Phi Delta Phi, and served as Associate Editor of the Mississippi Law Journal. He currently is a member of The Mississippi Bar Foundation, the American Arbitration Association and the International Association of Defense Counsel.

Bar Admissions

  • Mississippi, 1979
  • U.S. Court of Appeals 5th Circuit, 1979
  • U.S. District Court Southern District of Mississippi, 1979
  • U.S. District Court Northern District of Mississippi, 1979


  • University of Mississippi School of Law, Oxford, Mississippi
    • J.D. - 1979
    • Law Journal: Mississippi Law Journal, Associate Editor
  • Millsaps College, Jackson, Mississippi
    • B.A. cum laude - 1975

Published Works

  • “ Mississippi Legislature Passes Sweeping New Lien Law” Jones Walker Client Alert March 28, 2014
  • “ The Surety’s Options for Completion Upon Termination of an 8(A) Contractor” IADC Fidelity and Surety Committee Newsletter, April 2012
  • “Prejudice to the Compensated Surety As a Defense to Liability” International Association of Defense Counsel, November 3, 2007
  • “Contractor’s State License Bonds, Desk Reference” American Bar Association 2006

Representative Cases


  • IRMI Construction Risk Conference, featured panelist, Las Vegas, International Risk Management Institute, 2008 - Present
  • Mississippi Construction Payment Rights, Lorman Education Services, 2003, 2002, 2000, 1999
  • Mississippi Construction Law, Lorman Education Services, 2003, 2001, 2000
  • Construction Contracting for Public Entities in Mississippi, Lorman Education Services, 2003, 2000
  • Construction Issues, Lorman Education Services, 2003
  • Fifth National Forum on Toxic Mold Litigation, American Conference Institute, 2003
  • Mississippi Construction Defect and Mold Litigation, National Business Institute, 2003
  • Advanced Construction Law in Mississippi, National Business Institute, 2002, 1995, 1994
  • National Construction Defects in 2002: EIFS, CCA Treated Wood and Mold, Mealey's, 2002
  • Mechanics' Lien Law and Strategies in Mississippi, National Business Institute, 2000, 1999
  • Mississippi Construction Law: What Do You Do When...?, National Business Institute, 2000, 1996, 1992
  • Fidelity and Surety Trial Practice Program, IADC, New York, January 2005

Honors and Awards

  • Listed in The Best Lawyers in America® 2017 (Copyright 2016 by Woodward/White, Inc., Aiken, SC) in the areas of Construction Law and Litigation – Construction (listed annually since 2006)
  • Listed in “Chambers USA – America’s Leading Lawyers for Business” in the area of Litigation Construction (listed annually since 2011)
  • Listed in the 2016 edition of Mid-South Super Lawyers in the area of Construction Litigation (2007-2008 2014-2016)
  • Recognized as one of Mississippi’s 50 Leading Attorneys for Leadership in Law 2010, by the Mississippi Business Journal
  • Recognized as Outstanding Young Lawyer of Mississippi by the Mississippi Bar (1984-1985)
  • AV Preeminent® Peer Review Rating in Martindale-Hubbell

Professional Associations and Memberships

  • American Bar Association, Member
  • The Mississippi Bar, Member
  • American Bar Association, Construction Industry Practice Section, Forum Committee, Member
  • American Bar Association, Torts and Insurance Practice Section, Fidelity and Surety Law Committee, Member
  • American Arbitration Association, National Panel of Commercial and Construction Arbitrators and Mediators, Member
  • Associated Builders and Contractors of Mississippi, Member
  • International Association of Defense Counsel, Member
  • Outdoor Advertising Association of America, Inc., Member
  • Mississippi Bar Foundation, Board of Trustees, Past-Member
  • Mississippi Bar Foundation, President, 1995 - 1996


  • Omicron Delta Kappa
  • Phi Delta Phi
  • Phi Theta Kappa