David Marks is a seasoned real estate and construction attorney with extensive experience representing clients in litigation, arbitration, mediation, and other forms of alternative dispute resolution. He is recognized for providing practical, strategic counsel that helps clients resolve complex disputes efficiently while minimizing risk and expense. In addition to his litigation practice, David advises clients on construction and real estate transactions, including drafting and negotiating construction contracts, reviewing commercial leases, addressing insurance issues related to construction projects, and assisting with the purchase, sale, and leasing of residential and commercial property.

Areas of Practice:

• Construction disputes, including performance, payment, delay, and construction defect claims
• Residential and commercial purchase and sale transaction
• Broker liability and professional liability matters
• Commercial unlawful detainer actions
• Commercial and residential lease disputes
• Business partnership and venture dissolutions
• Breach of contract litigation
• Title, boundary, and easement disputes
• Mediation, arbitration, discovery referee, and special master services

Professional Background

David joined GCA Law Partners in August 2011 after serving as a partner at Miller Starr Regalia, one of California’s premier real estate law firms. Throughout his career, he has built a distinguished reputation as both an advocate and a neutral in complex real estate and construction matters.

He currently serves as:

• Mediator for the California Association of REALTORS® (C.A.R.)
• Mediator and Arbitrator for the American Arbitration Association (AAA)
• Mediator for California’s Sixth District Court of Appeal
• Arbitrator, Mediator, Discovery Referee, and Special Master in private matters

David has also served as Co-Chair of the Litigation Subsection of the Real Property Law Section of the California Lawyers Association (formerly the State Bar of California’s Real Property Section). He is an active member of the Santa Clara County Bar Association, serves as a Judge Pro Tem and Early Neutral Evaluator for the Santa Clara County Superior Court, and is a member of Stanford Professionals in Real Estate (SPIRE).

A licensed California Real Estate Broker, David is a frequent lecturer and seminar presenter for real estate professionals throughout Santa Clara County.
He holds the prestigious AV Preeminent® rating from Martindale-Hubbell, reflecting the highest level of professional excellence and ethical standards, and has been recognized as a Northern California Super Lawyer each year since 2016.

Selected Publications:

David has authored and contributed to numerous respected publications on California real estate and construction law, including:

• Amending Your Association’s Project Documents (ECHO, 1992)
• A Primer: Mechanic’s Liens, Stop Notices and Payment Bonds (CEB Real Property Law Reporter, 1995)
• Advising California Common Interest Developments (Contributor, CEB, 2003)
• Construction Defect Litigation: The Playing Field Has Changed – A Navigational Guide to Senate Bill 800 (CEB Real Property Law Reporter, 2003)
• Damages May Be Broader Than You Think: Civil Code Section 3343 May Not Apply to All Cases of Fraud in Real Estate Transactions (2006)
• Top 10 Things You Need to Know About Disclosure (REALTOR® Magazine, 2008)
• Managing Disclosure Liability Issues (CRB.com, 2009)
• Co-author, Chapter 4: Regulation of Real Estate and Mortgage, Miller & Starr California Real Estate (3rd Edition, 2010)

Education

• J.D., University of California College of the Law, San Francisco (formerly UC Hastings College of the Law)
• B.A., Stanford University, Departmental Honors