Becker & Poliakoff

Mark J. Stempler

Managing Shareholder


Mark J. Stempler LinkedIn link.


Mark Stempler is the Managing Shareholder of the West Palm Beach Office. He concentrates his practice in the areas of construction law and litigation and government procurement law. He is Board Certified by the Florida Bar in Construction Law, and represents clients in commercial, residential, and public construction lawsuits, involving building defects, delays, contractual disputes, liens and lien disputes, payment and performance bond claims, and insurance coverage issues. Past clients include owners, developers, general contractors, subcontractors, design professionals, manufacturers, and sureties. With significant civil trial experience, Mr. Stempler handles the prosecution and defense of multi-million dollar lawsuits, including “turnover claims” involving the transition of control of community association buildings and communities from a developer to a condominium or homeowners association.

He is the current chair of the Palm Beach County Bar Association’s Construction Law Committee, and previously served on the City of West Palm Beach’s Sustainability Advisory Committee and the United States Green Building Council’s South Florida Board of Directors. Mr. Stempler is a frequent lecturer on construction law issues and has published numerous articles concerning construction law and sustainable building. He also serves as an American Arbitration Association arbitrator focusing on construction law disputes.

In the government procurement arena, Mr. Stempler often represents private companies doing business with government agencies during the contract bidding, negotiation and protest processes, and in regulatory and ordinance promulgation. He has substantial experience in federal, state and local procurement matters, including through the Florida Division of Administrative Hearings (“DOAH”) and the United States Government Accountability Office (“GAO”). Mr. Stempler has helped clients win numerous multi-million dollar government contracts across many sectors, including construction, transportation, professional services, educational services, public housing and concessions. Mr. Stempler also represents public agencies in procurement issues. He is a frequent lecturer on public procurement law and has authored numerous published articles on government procurement, bid protest procedures, and government regulations.


  • Obtained a ruling by the Fourth District Court of Appeal in Raiser-DC, LLC v. B&L Service, Inc. and Broward County, Florida, which held that Broward County was required to disclose information about Uber’s operations at the Fort Lauderdale-Hollywood International Airport, despite Uber’s claims that the records were trade secret information and exempt from Florida’s Public Records Act.
  • Successfully helped obtain a $38,832,000 contract award on behalf of Audio Fidelity Communications Corporation (d/b/a Whitlock) for Instructional Interactive Flat Panels Hardware/Software from the Palm Beach County School Board after defending a bid protest claim.
  • Successfully protested multi-million dollar contract awards by the United States Air Force through the GAO, resulting in corrective actions taken by the Air Force.
  • Defeated a bid protest and appeal to preserve a multi-million-dollar contract award to a leading national audit and tax firm to provide government auditing services for Broward County.
  • Defeated a bid protest and circuit court challenge in Broward County to preserve a multi-million- dollar contract award to a janitorial services client for various County locations.
  • Won a bid protest concerning custodial services at the Palm Beach International Airport.
  • Served as counsel on behalf of James A. Cummings, Inc., and successfully defended a challenge to Broward County’s award of a contract for the construction of the Broward County Courthouse.
  • Defeated a challenge to the award of a multi-million-dollar contract to a public transportation client by the South Florida Regional Transit Authority for operating services for the commuter bus system.
  • Provided legal analysis and proposed regulations in Palm Beach and Broward Counties regarding for-hire vehicles including taxis, shuttle, and Transportation Network Companies.
  • At the Palm Beach County School Board, secured and defended a multi-million-dollar contract for an education services client to provide supplemental academic instructional services, and overcoming a series of challenges at the Fourth District Court of Appeals, Division of Administrative Hearings, and at the School Board level.


  • Chair, Palm Beach County Bar Association Construction Law Committee, 2021 – Present
  • American Arbitration Association Arbitrator
  • Vice Chair, American Bar Association, Public Contracts Law Section, Construction Division
  • Former Chair of the U.S. Green Building Council’s Palm Beach County Branch, and former member of the Board of Directors for the U.S. Green Building Council’s South Florida Chapter
  • Former Member, City of West Palm Beach Sustainability Advisory Committee