Mark D. Herbert

Jackson, MS
Toll Free: 
Email Me

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 he 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 40 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 and the American Arbitration Association.

Areas of Practice
  • Construction and Surety Law
Certified Legal Specialties
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
Honors & 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 Associates & Awards
  • 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
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
  • Issaquena & Warren Counties Land Co., LLC v. Warren County, 996 So. 2d 747 (Miss. 2009)
  • Williamson Pounders Architects, P.C. v. Tunica County, Mississippi, its Board of Supervisors and its Board Members, James Dunn, Cedric Burnett, Paul Battle, III, Curtis Jackson and Billy Pegram, 597 F .3d 292
  • Tunica Web Advertising v. Tunica Casino Operators Ass'n, Inc., 496 F.3d 403 (C.A.5 2007)
  • Tunica Web Advertising, Inc. v. Barden Mississippi Gaming, LLC, 2007 WL 2768914 (N.D.Miss. 2007)
  • Martin v. Mississippi Transp. Com'n, 953 So2d 1163 (Miss.App. 2007)
  • Mississippi Power Co. v. Water and Power Technologies, Inc., 2006 WL 3457026 (S.D.Miss. 2006)
  • Alexander v. Taylor, 928 So.2d 992 (Miss.App. 2006)
  • Tunica Web Advertising, Inc. v. Barden Mississippi Gaming, LLC, 2006 WL 662392 (N.D.Miss. 2006)
  • Tunica Web Advertising, Inc. v. Barden Mississippi Gaming, LLC, 2005 WL 3488499 (N.D.Miss. 2005)
  • Harrell v. Lamar Co., LLC, 925 So.2d 870 (Miss.App. 2005)
  • Eller Media Co. v. Mississippi Transp. Com'n, 900 So.2d 1156 (Miss. 2005)
  • St. Paul Mercury Ins. Co. v. Merchants & Marine Bank, 882 So.2d 766 (Miss. 2004)
  • Eller Media Co. v. Mississippi Transp. Com'n, 882 So.2d 198 (Miss. 2004)
  • USF&G Co. v. Conservatorship of Melson, 809 So.2d 647 (Miss. 2002)
  • Scott Addison Const., Inc. v. Lauderdale County School System, 789 So.2d 771 (Miss. 2001)
  • Red Roof Inns, Inc. v. City of Ridgeland, 797 So.2d 898 (Miss. 2001)
  • Turner v. Ford Motor Co., 116 F.Supp.2d 755 (S.D.Miss. 2000)
  • Americrete, Inc. v. West Alabama Lime Co., Inc., 758 So.2d 415 (Miss. 2000)
  • Sneed v. Ford Motor Co., 735 So.2d 306 (Miss. 1999)
  • Lafayette Steel Erectors, Inc. v. Roy Anderson Corp., 71 F.Supp.2d 582 (S.D.Miss. 1997)
  • Lamar Corp. v. State Highway Com'n, 684 So.2d 601 (Miss. 1996)
  • Great Northern Nekoosa Corp. v. Aetna Cas. and Sur. Co., 921 F.Supp. 401 (N.D.Miss. 1996)
  • J&R Ambulance Service, Inc. v. Hinds County Bd. of Sup'rs, 657 So.2d 1119 (Miss. 1995)
  • George B. Gilmore Co. v. Garrett, 582 So.2d 387 (Miss. 1991)
  • Haden v. Krupp Asset Management Corp., 776 F.Supp. 1151 (S.D.Miss. 1990)
  • Williams v. Freeman, 560 So.2d 136 (Miss. 1989)
  • Traub v. Johnson, 536 So.2d 25 (Miss. 1988)
  • Angle v. Estate of Angle, 519 So.2d 883 (Miss. 1988)
  • Liles Construction Co., Inc. v. Jitney Jungle Stores of America, Inc., 425 So.2d 1361 (Miss. 1983)
  • Hutcherson v. Prudential Property & Casualty Insurance Co., 418 So.2d 63 (Miss. 1982)
  • Edward Springer v. Ausbern Construction Co., Inc., 220 So. 3d 976 (Miss. 2017)
  • The Lamar Company, LLC v. The Mississippi Transportation Commission, 2019 WL 6039970, at *1 (S.D. Miss. Nov. 14, 2019)
  • Watkins Development, LLC and Farish Street Group, LLC v. Jackson Redevelopment Authority, Central Mississippi; 283 So. 3d 170 (Miss. 2019)
  • Mathes Electric Supply Co., Inc. v. Can’t Be Beat Fence Company and International Fidelity Insurance Company, 267 So. 3d 788 (Miss. 2018)
Past Employment Positions
Community Involvement

Mr. Herbert led a complete re-organization of the Mississippi Bar Foundation and led the establishment of Mississippi’s Interest on Lawyer’s Trust Account program which has generated over $5 million for pro bono legal services in Mississippi. Mr. Herbert is active in the Episcopal Church and is past chairman of Episcopal Cursillo in Mississippi. Mr. Herbert has served on the Board of Directors of the Greater Jackson Chamber of Commerce and was a member of Governor Bill Allain’s Constitutional Study Commission. Mr. Herbert led the formation of the Millsaps College Alumni Association and served as its first President. In addition, Mr. Herbert was awarded the James M. Livesay Award for his service to Millsaps College.