David Marks specializes in litigation and alternative dispute resolution in a variety of real estate and construction matters.

Mr. Marks also uses his experience in construction and real estate law to prepare practical and efficient construction contracts, to review leases and to counsel clients on insurance issues for construction projects.  He also assists clients in the purchase, sale and leasing of residential property.

His specialties include:

  • Construction Disputes
  • Purchase and Sales Transactions
  • Broker liability
  • Commercial Unlawful Detainers
  • Lease Disputes
  • Dissolutions of Business Ventures
  • Breach of Contract
  • Title and Easement Issues
  • Mediation

Professional Background

Mr. Marks joined GCA Law Partners in August 2011. He was previously a partner at Miller Starr Regalia. He has an extensive background in alternative dispute resolution, and currently acts as an arbitrator, mediator and as a Judge Pro Tem in Santa Clara County. In 2015, he was added to the list of mediators for the California Association of Realtors (C.A.R.) Mediation Panel. In 2021, he was added to the American Arbitration Association mediation and arbitration panel for Construction, Real Estate and Consumer matters.  https://marks-adr.com/

He was the Co-Chair of the Litigation subsection of the Real Estate Section of the California State Bar, is a member of the Santa Clara County Bar Association, participates as a Judge Pro Tem and Early Neutral Evaluator for the Santa Clara Superior Court, and is a member of Stanford Professionals in Real Estate (SPIRE).  He holds various seminars for Real Estate Agents in Santa Clara County.  He is a licensed Real Estate Broker.

He is AV rated by Martindale Hubbell and has been selected as a Super Lawyer through 2022.

Selected Publications:

  • “Amending Your Association’s Project Documents,” ECHO, Vol. 20, #2, February, 1992.
  • “A Primer: Mechanic’s Liens, Stop Notices and Payment Bonds,” 18 CEB Real Property Law Reporter 173, May, 1995.
  • Contributor to “Advising California Common Interest Developments,” CEB, 2003.
  • “Construction Defect Litigation: The Playing Field has Changed, A Navigational Guide to Senate Bill 800,” 26 CEB Real Property Law Reporter 3, May, 2003.
  • “Damages May be Broader Than You Think: Civil Code section 3343 may not apply to all cases of fraud in real estate transactions.” Miller Starr Regalia Developments, 2006.
  • “Top 10 Things You Need to Know About Disclosure”, Realtor Magazine, October 2008.
  • “Managing Disclosure Liability Issues”, CRB.com, May 2009.
  • Co-author of Chapter 4 (Regulation of Real Estate and Mortgage) Miller & Starr, California Real Estate 3d, treatise, 2010.

Mr. Marks earned his J.D. from University of California College of the Law, San Francisco, and his BA from Stanford University with Departmental Honors.