Managing Member
Mark B. Thornton
About
Mark is a member of Skoubye Nielson Johansen & Baxter, LLC and serves as the firm's Managing Attorney. His practice includes litigation and transactional work, with particular emphasis on construction, transportation, and real estate matters. He represents clients at every stage of a dispute, from negotiation and mediation through litigation, arbitration, trial, and appeal.
Construction law has been a central focus of Mark's practice for more than a decade. He represents owners, developers, general contractors, subcontractors, material suppliers, architects, and engineers throughout a project. His work ranges from drafting and negotiating construction contracts and subcontracts to resolving disputes that arise during and after construction. His construction practice includes mechanic's liens, lien foreclosures, and lien releases; payment bond claims; construction defect litigation; payment disputes and collections litigation; contractor licensing issues; and contract disputes, including claims arising from changes and delays. Mark has presented on construction law topics at continuing legal education seminars for the National Business Institute and the Construction Law Section of the Utah State Bar.
In transportation, Mark advises and represents freight brokers, motor carriers, and warehouse and logistics companies on Carmack claims, freight and cargo disputes, payment and collections disputes and litigation, broker-carrier agreements, and owner-operator matters. He has presented and published on transportation law topics nationally, co-chaired the Transportation Lawyers Association's Brokerage, Logistics, and E-Commerce Committee, and served as program co-chair of the association's annual Transportation Law Institute.
His real estate practice covers boundary and easement disputes, title and ownership issues, and disputes arising from real estate purchase transactions. In landlord-tenant matters, he represents commercial and residential landlords and tenants in eviction proceedings and lease disputes.
He also drafts and negotiates contracts across these industries, including construction and subcontract agreements, broker-carrier agreements, owner-operator agreements, property leases, and real estate purchase contracts.
Mark joined the firm in 2015. Before that, he practiced at Smith & Glauser, P.C., where he handled insurance defense litigation and defended contractors in construction defect claims. He began his legal career as a judicial law clerk for the Hon. Karen Lansing at the Idaho Court of Appeals.
Practice Areas
Education
- J.D., High Honors, S.J. Quinney College of Law, University of Utah, 2011 (William H. Leary Scholar, Quinney Student Fellow, Articles Editor for Utah Environmental Law Review)
- B.A., English, University of Utah, 2008
- B.S., Sociology, University of Utah, 2008
Admissions
- Utah State Bar
- United States District Court, District of Utah
Associations
- Utah State Bar
- Utah State Bar, Litigation Section
- Utah State Bar, Construction Law Section
- Utah State Bar, Real Property Section
- Transportation Lawyers Association
- TLA Brokerage, Logistics, and E-Commerce Committee (Co-Chair, 2020–2022)
- Utah Trucking Association
Honors
- Super Lawyers Rising Star, 2020–2022
Presentations and Publications
- Overview of the Construction Process (National Business Institute, Utah Construction Law from Start to Finish, 2025)
- Understanding Subcontract Terms and Flow-Through Clauses (National Business Institute, Utah Construction Law from Start to Finish, 2025)
- Program Co-Chair, Transportation Law Institute (Transportation Lawyers Association, 2023)
- Understanding Subcontract Terms and Flow-Through Clauses (National Business Institute, Utah Construction Law from Start to Finish, 2023)
- Changes and Delays in Construction Projects (National Business Institute, Utah Construction Law from Start to Finish, 2023)
- "Break On Through" – The Other Side of Cargo Claims, panelist (Transportation Lawyers Association, Transportation Law Institute, 2021)
- Freight/Cargo Claims: How to Get Paid Your Freight Charges and Deal with Cargo Liability (Utah Trucking Association, 2019)
- A Historical Perspective on Regulation of Owner-Operators (article, The Transportation Lawyer, Vol. 21, No. 2, 2019)
- Adding Confidentiality/Non-Disclosure, Non-Competes and Restrictive Covenants (National Business Institute, Business Contracts in 10 Simple Steps, 2019)
- Defining Performance, Bargaining Payment, Price and Adjustments (National Business Institute, Business Contracts in 10 Simple Steps, 2019)
- Driver Misclassification: Are Owner-Operators Employees or Independent Contractors? (article, Utah Trucking Association magazine, 2018)
- Prejudgment Interest and Interest Rates in Utah Construction Cases (Utah State Bar, Construction Law Section CLE, 2018)
- Drafting and Negotiating Construction Contracts to Prevent Disputes and Provide Remedies (National Business Institute, Construction Contracts from Start to Finish, 2018)
- Indemnification Provisions: When Are They Enforceable? (National Business Institute, Construction Contracts from Start to Finish, 2018)
- Owner Operators – Updates and Tips (Transportation Lawyers Association, Chicago Regional Seminar, 2018)
- Limiting Legal Liability (Utah Trucking Association, 2017)
Personal
Mark is a Salt Lake City native. Outside the office, he enjoys hiking, camping, reading (science fiction and fantasy), chess, and home improvement projects. He and his wife are the proud parents of five children.