Mark Stempler practices in the areas of government procurement law and construction litigation. He is Board Certified by the Florida Bar in Construction Law, and is certified as a LEED Green Associate by the United States Green Building Council. He represents clients in commercial and residential construction lawsuits, involving defects, delays, contractual disputes, mold claims, liens and lien disputes, bond claims, and insurance disputes. Clients include owners, developers, general contractors, subcontractors, design professionals, sureties, and manufacturers.
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 represented companies in procurement protest disputes across Florida and in Washington, D.C, and has helped clients win numerous multi-million dollar government contracts across many sectors, including construction, transportation, professional services, public housing and concessions. Mr. Stempler also represents public agencies on a case-by-case basis. He is a frequent lecturer on procurement law and has authored numerous published articles on government procurement, 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.
- Has handled administrative disputes involving the United States Government Accountability Office (“GAO”) and the Florida Division of Administrative Hearings (“DOAH”).
- 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.
- 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.
- Successfully defended a bid protest challenge to Broward County’s award of a contract for the construction of the new $200-million-plus Broward County Courthouse.
PROFESSIONAL / COMMUNITY ACTIVITIES
- Vice Chair, American Bar Association, Public Contracts Law Section, Construction Division
- Member, Palm Beach County Bar Association Construction Law Committee
- Chair of the U.S. Green Building Council’s Palm Beach County Branch, and serves on the Board of Directors for the U.S. Green Building Council’s South Florida Chapter
- Member, City of West Palm Beach Sustainability Advisory Committee