All projects began with an idea, a concept, and a design. The ability to bring these artful projects to reality through construction is based on the foundation of design services of architects and engineers. With each of these projects, however, comes incredible risk and the fundamental duty to protect the lives, safety, and welfare of those that build and occupy these structures. Every construction project carries these fundamental duties and risks, regardless of its size and complexity.
This book is serves as an essential tool to educate design and construction professionals, and the legal professionals who consult with them. This update expands on the previous edition, Design Professional and Construction Manager Law, by focusing entirely on the fundamental and emerging laws applicable to design professionals. It covers the fundamental issues that the field of construction law brings to any project, and examines the new legal issues that emerge from advancements in the design and construction industry.
Matthew J. Ninneman (Executive Editor) is an equity member of Hall & Evans, LLC, a regional law firm based in Denver, Colorado. He practices in its Construction and Design practice group. Mr. Ninneman has been recognized by various legal publications as a top lawyer, including The Best Lawyers in America for work in Construction Law and Litigation-Construction. Mr. Ninneman litigates complex commercial and construction disputes in state and federal courts and arbitration, representing owner/developers, general contractors, design-builders, subcontractors, architects, engineers, and suppliers on private, public, and hybrid projects, including heavy civil infrastructure, sports arenas, schools, hotels, hospitals, mass transit, roadways, industrial warehousing, and renovation and development of apartments, multi-family, mixed-use, and single-family residences. In addition to litigating, he advises design and construction professionals on day-to-day risk management issues; drafting and negotiation of custom and form contracts, including AIA, DBIA, EJCDC, and ConsensusDOCS; licensing; payment and delay disputes; and pre-litigation dispute resolution/mediation. Mr. Ninneman is a frequent author and lecturer on issues concerning construction claims, contract drafting, design licensure, liability mitigation, and current issues impacting the construction industry, including co-authoring several books published by the ABA Forum on Construction Law.
Mr. Beltzer's practice as a construction lawyer focuses on resolving contract, schedule, and performance disputes through litigation, mediation, and arbitration, and on preparing and negotiating construction contracts for projects large and small. Mr. Beltzer advises engineers, architects, design professionals, general contractors, major subcontractors, and owners and developers involved in drainage, roadway, water treatment, pumping, dredging, mining, commercial building, hospital, high-end residential and multi-family, resort, school and higher education, historical structure, wind-farm, ethanol, oil refining, and other infrastructure and vertical construction. Project delivery methods for these projects include design-bid-build, design-build, guaranteed maximum price (GMP), fixed price, unit price, engineer-procure-construct (EPC), and incentive agreements via AIA, EJCDC, energy savings guarantees (for ESCO) and other agreements.
From 2006 to 2014, Mr. Beltzer was an attorney at Holland & Hart LLP, where he was admitted to the Partnership on an accelerated timeframe. He is licensed to practice law in Colorado and Nevada, and has represented clients via pro hac vice admission in Wyoming, Washington, Nevada, Kansas, Montana, California, South Dakota, Minnesota, and South Carolina in jury and bench trials, and before single and panel arbitrators.
Prior to becoming a lawyer, Mr. Beltzer practiced engineering for approximately five years with AECOM in Denver, Colorado, and Michael Baker Co. in Greensboro, North Carolina, as a civil engineer with an emphasis on transportation infrastructure and major interchange projects. He worked on several high-profile projects, like Denver's TREX project, the State Highway 105 interchange with Interstate 25 in Monument, the 5th Street and Wolfensberger bridges in Castle Rock, and the roadway and ramp improvements for the Piedmont Triad International Airport's FedEx handling facility. He has worked as an engineer on design-bid-build and design-build projects, and is licensed as a professional engineer in Colorado.
Mr. Beltzer currently serves as pro bono general counsel to the Colorado chapter of the American Council for Engineering Companies (ACEC), as the chair of the Distance Learning subcommittee of the Forum on Construction Law, and past chair to the Design Division of the ABA Forum on Construction Law.
Mark W. Mercante (Co-Editor) is based in New Orleans, Louisiana, and is Co-Chair of Baker, Donelson, Bearman, Caldwell & Berkowitz's thirty-plus member Construction Department. He represents owners, developers, contractors, subcontractors, and design professionals in all aspects of construction, including construction contract negotiation and drafting, pre-claim counseling during the construction process, and disputes before courts and arbitration panels. Mr. Mercante received a B.B.A. from Southern Methodist University (1992) and a J.D. from Loyola Law School, New Orleans (1995). He is a Band 1 rated Construction Attorney by Chambers and Partners. Active in the ABA Forum on Construction Law, Mr. Mercante has served as Chair of an Annual Meeting (2008) and Chair of Division 3: Design (2016-2018), and as author and contributor on numerous publications and papers.
