Husch Blackwell’s Construction Academy was developed with the belief that value is unique to the client, knowledge is created in application, and both need a forum of partners to share what has been learned in order to propel organizations forward. Here is a digest of our thought leadership.
Table of Contents
Industry Leader Insights
Andrea Bukacek, CEO/Owner, Bukacek Construction Group, Inc.
Andrea is Bukacek Construction’s 3rd generation family and first female owner of the company. She grew up in the business, working at the family company during summers while she was in high school. With 12 years of experience in commercial real estate and commercial banking under her belt, she looks forward to growing the business in southeastern Wisconsin.
Kevin McClain, President and CEO, The Weitz Company
Kevin McClain joined The Weitz Company in 1999, serving in numerous operational and executive leadership roles before being named president and CEO on October 1, 2017. He is a construction engineer and active in many industry association groups, including the Construction Industry Round Table (CIRT) and Associated General Contractors of America (AGC). Earlier this year, he sat in with Husch Blackwell’s Josh Levy to discuss the construction industry.
James Hagy, Professor, Loyola University Chicago School of Law and Director, The Rooftops Project
As the Managing Director of Rooftops Group LLC, James Hagy founded and directs the Rooftops Project, which offers conferences, workshops, research, and resources about the role of real estate (owned, leased, or hosted physical space) in the missions and the operational and financial performance of not-for-profit organizations of all sizes and mission types. He writes and speaks to business and not-for-profit audiences regularly about corporate real estate strategy and international business.
Tama Duffy Day, Principal and Global Senior Living Practice Leader, Gensler
Tama Duffy Day is a Principal and Global Senior Living Practice Leader at Gensler, a global architecture, design and planning firm with 48 locations and more than 6,000 professionals networked across Asia, Europe, Australia, the Middle East and the Americas. A leader in the healthcare industry for decades, Tama challenges conventional design and develops solutions to reimagine longevity in an age-inclusive world.
Josh Wight, President, BlueScope Construction, Inc.
Josh Wight is president of BlueScope Construction, Inc., an experienced nationwide design-build general contractor specializing in the design and construction of large commercial and industrial facilities such as distribution centers, manufacturing plants and aircraft hangars. Josh has been involved in steel building projects for multi-national corporations across North America, Europe, China and Southeast Asia.
William Bast, Principal, Thornton Tomasetti
William Bast is a Principal at Thornton Tomasetti and oversees projects in the Windy City and across the Midwest. Bill has extensive experience in building renovations and restorations, façade evaluations and repair programs, due diligence and condition assessments.
Colby Durnin, Chief Executive Officer, CREDE
Colby Durnin is the founder and CEO of CREDE (Commercial Real Estate Development Enterprises). Founded in 2001 while working with Oaktree Capital Management, Mr. Durnin and CREDE have been involved in the development and redevelopment of more than 100 projects, including all asset classes, spanning 15 states and 5 countries.
Ben Bruns, Executive Vice President and General Manager, The Boldt Company
Ben Bruns has more than two decades of experience in the construction industry. As executive vice president and general manager of The Boldt Company, he leads the Northern Operations team, building value for their customers and communities in Boldt’s home territory.
Kurt Spiering, Principal and National Healthcare Sector Leader, HGA Architects and Engineers
Kurt Spiering has more than 25 years experience in healthcare programming, planning, and design nationally. As principal and national healthcare sector leader of HGA Architects and Engineers, he engages in a highly interactive design process with the client and user groups, focusing on Lean design and Integrated Project Delivery (IPD) to transform the healthcare delivery process.
John "Ozzie" Nelson, Jr., Chairman & CEO, NELSON Worldwide
John “Ozzie” Nelson Jr. is an accomplished global business leader who has demonstrated a commitment to the design industry and the community. As Co-CEO of NELSON Worldwide, Ozzie has guided the firm to unprecedented growth and an industry ranking as the third largest provider of design and design-related services to corporate America.
Chris Johnson, Managing Principal, LEO A DALY
Chris leads LEO A DALY’s largest design studio. He is a registered architect with three decades of leadership experience in both design and construction. His deep knowledge of both disciplines makes him an exceptional client steward. His experience spans concept design through construction documents, document review and construction administration for many of the region’s defining projects.
Bryce Unger, Managing Director, CG Schmidt
Bryce Unger has degrees in both Civil Engineering and Business, receiving a B.S. and a M.S. from UW-Madison and an M.B.A. from UW-Milwaukee. He has continued on as an adjunct professor at the Milwaukee School of Engineering on the topics of contracts and specifications, construction project management and cost engineering. Learn about Bryce's passion and role in the Construction industry.
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In the News
Husch Blackwell Ranked a Top 15 Construction Law Firm by Construction Executive Magazine for Second Consecutive Year
Construction Executive magazine has listed Husch Blackwell in its third annual Top 50 Construction Law Firms™ rankings. Overall, Husch Blackwell placed 14th in the rankings, appearing in the magazine’s June 2021 issue. Read more.
Three Husch Blackwell Partners Named to Law360 Editorial Advisory Boards
Husch Blackwell is pleased to announce partners Steve Levine, Josh Levy and Cortney O’Toole Morgan will serve on the Cannabis, Construction, and International Trade Editorial Advisory Boards, respectively, in 2021 for Law360. Read more.
Johnston Recognized by Wisconsin State Assembly
Robin Voss, Wisconsin State Assembly Speaker, honors Johnston as part of Women in Construction Week. Read more.
12 Construction Attorneys Named "Best Lawyers in America®"
Two are Lawyers of the Year.
Husch Blackwell Places 143 Lawyers in 2020 BL Rankings' Best Lawyers in America®
12 construction attorneys were named to the list.
Husch Blackwell Named Among Top 50 Construction Law Firms by Construction Executive Magazine
Construction Executive magazine has recognized Husch Blackwell in its inaugural Top 50 Construction Law Firms rankings. Overall, Husch Blackwell placed 27th on the CE Top 50; by headcount of dedicated construction lawyers, the firm was tied for 12th.
Additional Thought Leadership
Protection Against Escalating Material Costs in the Construction Industry
As the global economy tries to get a foothold for its recovery from the COVID-19 pandemic, those in the construction industry, especially contractors, are increasingly exposed to financial risk through material costs escalation. Material costs over the past year have skyrocketed, while demand for new builds has remained steady or even increased in some instances. The increase in material costs is mainly driven by shortages, and as the Wall Street Journal reported in June, these supply-chain imbalances could persist well into 2022. Read more.
The Dotted Line: How to navigate vaccine mandates
(August 31, 2021)
This Construction Dive article discusses the legal and business advantages to vaccine mandates in the construction industry.
The Best Laid Plans: Contingency in a Construction Contract
(August 9, 2021)
This article is the first of a three-part series on contingencies in construction contracts. This series will explain:
Armed with this information, owners and contractors will be better equipped to tackle the inevitable project surprises.
Two-minute Drill: Intercepted Payment Scam
(July 15, 2021)
Protect your company against the Intercepted Payment Scam, which has cost some contractors tens of thousands of dollars.
2021 Executive Insights: Leaders in Construction Law
(July 14, 2021)
Josh Levy discusses the legal checklist every contractor should make before commencing a project in this Construction Executive article.
Forging a Contract for a COVID-Exit World
(June 7, 2021)
Vaccination rates continue to rise, mandates are loosening for returning to work and school, and a $2 trillion infrastructure bill is looming on the horizon, but contractors remain cautious and counseled by the legal experts who thrive in the complex field of construction law.
At 105, Husch Blackwell Proves With Construction Academy it Can Still Innovate
(May 25, 2021)
Although Husch Blackwell is 105 years old, professionals at the firm have no shortage of new ideas. One of its latest, its Construction Academy, was started a mere two years ago. Joshua Levy, co-chair of the Academy, said the intended audience consists mainly of owners, developers, contractors and design professionals.
Builders Face Myriad Cost Pressures, And Issue May Worsen
(May 24, 2021)
The cost of construction materials has soared over the past year as demand has surged and supply has tightened, and experts say the pricing situation could worsen as more projects start to come on line later this year.
The End of LIBOR: Managing the Risks of an Interest Rate Transition
(May 10, 2021)
Does your construction company borrow money to finance its business, whether through a line of credit, term loan or equipment financing? Is your construction company a party to contracts that include a late payment rate or other interest charge? Has your company entered into construction loans for real estate development? If any of these scenarios apply to your business, and if the interest rate for such financing or contracts is based on LIBOR (the London Interbank Offered Rate), then you should be aware of an upcoming interest rate change, which will affect those agreements.
The Biden Infrastructure Plan and The Davis Bacon Act
(April 12, 2021)
It’s coming. From all outward signs, it appears that the Biden Administration may be planning to use the “American Jobs Plan” – otherwise known as the proposed infrastructure plan – to expand the Davis Bacon Act (“DBA”) and require the use of prevailing wages on all projects funded by any infrastructure bill ultimately passed by Congress.
Ten Truths About Construction Fraud
(February 2021)
Learn more in this ABA Forum on Construction Law article.
Achieving Equity & Growth With COVID-19 Stimulus
(January 7, 2021)
As people search for a silver lining to the events of 2020, one area to consider is the opportunity to use some of the government stimulus to assist in the establishment and growth of small, minority-owned businesses. Doing so would address two important issues at once: it would help kick-start the economy more generally, and would also help ameliorate the “equity divide” and direct more resources to businesses that experience serial underinvestment.
P3 Infrastructure Projects: What the Private Sector Needs to Know
(November 2020)
The American Society of Civil Engineers estimates that the United States needs to spend $4.5 trillion by 2025 to fix the country's infrastructure.
Be a Good Neighbor: How Contractors Can Protect Themselves From Third-Party Claims
(November 29, 2020)
Construction can be noisy, muddy (or dusty, depending on locale) and sometimes destructive—conditions that can put a strain on relationships with neighboring property owners and can even lead to monetary claims for damage. As such, developers (in this article, developers encompass developers and contractors, since indemnification rights and obligations make this analysis common as far as most adjacent property owner claims are concerned) need to protect themselves from third-party claims. This is especially true in dense urban environments. Developers can protect themselves from claims for third-party damage through license agreements, intensive construction site monitoring and appropriate insurance products. These can prevent costly and debilitating delays and assist in maintaining positive relationships with neighbors.
Be a Good Neighbor: Techniques to Mitigate the Risk of Claims From Adjacent Landowners
(October 15, 2020)
In May 2020, a real estate developer performing excavation work in New York was sued by a neighboring property owner for property damage. A court overturned an injunction preventing the developer from continuing excavation work after reviewing a preconstruction assessment that showed the damage to the neighboring property was preexisting—not caused by the excavation (see Feldman v. 3588 Nostrand Ave. LLC as an example).
Culture of Respect
(September/October 2020)
This Associated Builders & Contractors Newsletter article discusses recruiting a diverse workforce in the construction industry.
Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
(September 4, 2020)
There’s nothing like working in an office while pilings are being pounded into the ground next door, leading to crashing sounds of pile driving and the attendant afternoon headaches. Fortunately, that’s often the extent of a neighboring project’s real inconvenience. In other cases, however, construction in close quarters can mark the beginning of costly and emotional disputes, which can escalate to costly legal battles during and after construction.
The COVID-19 Conundrum: Money is Available for New Construction Projects, But Few Are Breaking Ground
(August 24, 2020)
Even in a coronavirus-challenged environment, there's money available to build new projects; what's rare is finding an owner who is willing to break ground.
Delay Evaluation & Claims Pitfalls
(August 3/10, 2020)
COVID-19 has increased time-extension legal claims. To avoid severe financial consequences if a contractual completion date is not achieved, accurate delay-related project records are essentia; to resolving delay claims.
Building Better Collaboration Between Contractors & Architects
(August 3, 2020)
Construction projects are complex undertakings that require input from several stakeholders. Inevitably, there will be conflicts among those participants who are under pressure to provide a quality, finished product under budget and on time. Given their respective leading roles on construction projects, architects and contractors tend to find themselves on the opposite side of these disputes, but the conflict is manageable when participants are mindful of how and when disagreements emerge, understand the contractual roles and responsibilities of the parties and work together to avoid or defuse potentially troublesome situations.
Prequalifying Owners: “Funding Is Covered” Is Not Enough
(July 29, 2020)
While the past decade has generally been a period of prosperous growth for the industry, the fertile backlog on contractors’ books suffered great uncertainty in early 2020 with the COVID-19 global pandemic. Some projects experienced only a minor setback and some additional costs, but others have been mothballed or scrapped altogether due to a lack of funding leaving general contractors hung out to dry. Every general contractor knew it was important before COVID-19 to prequalify its subcontractors. The COVID-19 pandemic is a reminder of the importance of prequalifying owners as well.
COVID Considerations for Future Construction Contracts – Part 2
(July 24, 2020)
The arrival of COVID-19 caused abrupt changes to construction practices. In a matter of days, things went from business as usual to social distancing. While many manufacturers pivoted from making cars to PPE, the construction industry had to stay focused on keeping projects moving while ensuring safety from the new risks presented by the pandemic.
Construction and Design Considerations for Returning to Work: Wisconsin Law Journal, Asked and Answered Webinar Series
(July 16, 2020)
In this episode of Wisconsin Law Journal’s “Asked & Answered” series, Husch Blackwell partner Eric Meier discusses considerations and best practices for reoccupying buildings from a construction and design perspective as companies return to their physical structures amidst the coronavirus pandemic.
A Primer on Suspension and Debarment for Federal Construction Projects
(July 2, 2020)
We’ve all heard the expression that those who deal with the government must turn square corners. This is because the government has a broad array of tools at its disposal to motivate, coax and cajole contractors and federal grant recipients to play by the rules. Those tools include harsh measures such as criminal prosecution and civil false claims act enforcement on the one hand and poor CPARS ratings on the other. A seemingly less severe administrative option available to the government is suspension and debarment. However, any entity that has been suspended or debarred knows that these measures can prove harsh and disruptive.
COVID Considerations for Future Construction Contracts
(July 1, 2020)
On March 11, 2020, the NBA suspended its season after a player on the Utah Jazz preliminarily tested positive for COVID-19. The next day saw the cancellation of March Madness and cancellations or delays for a slew of other sporting events. In a matter of 24 hours, the entire sports world was upended. Over the course of the past few months, we have seen big changes to the way we live, work and deal with each other. At this point, it seems that nearly everyone is quite ready to get back to “normal,” in whatever form that takes.
World's Largest Timber-Structured Building
(July 2020)
Our recording with leaders from Korb+Associates and Catalyst Construction describes the Ascent high-rise in downtown Milwaukee.
Planning and Building Healthcare Facilities in the Wake of COVID-19
(June 24, 2020)
Husch Blackwell's Construction Academy hosted a panel discussion regarding the future of construction and design at healthcare facilities in the wake of the COVID-19 pandemic. Industry colleagues will discuss what changes they foresee for future and existing medical buildings in a post-COVID-19 world.
Office Space 2021: The Anatomy of Design Changes to Maximize Wellness and Minimize Exposure in the Post-COVID World
(June 17, 2020)
Watch our webinar recording as Husch Blackwell and NELSON Worldwide take an in-depth look at the transition back into the workplace. Discussing legal, design, and wellness considerations to better adapt your office for the future.
Modular Critical Care Units in the Time of COVID-19
(June 8, 2020)
On Friday, March 13, 2020, the COVID-19 pandemic was on Ben Bruns mind. He had been on a tour of The Boldt Company’s Appleton facility and was in the process of approving the road worthiness of a modular clinic prototype. Giving thought about what Boldt could be doing now to further assist Boldt’s healthcare clients during the pandemic, he asked himself whether the modular product he was working on could have another COVID-19 purpose. After some initial internal discussions, Boldt reached out to a long-time partner in the healthcare space (HGA) to discuss partnering on the concept. HGA jumped in with two feet and within days, HGA and Boldt mobilized resources to design and develop high quality modular critical care units that could address the COVID-19 hospital bed shortage.
Changes to the Buy American Act: What You Need to Know
(May 21, 2020)
On July 15, 2019, United States President Donald Trump signed Executive Order (EO) 13881 addressing domestic preferences in government procurement. Unlike Executive Order 13788 (signed April 18, 2017) and Executive Order 13858 (Jan. 31, 2019), which had no substantive effect on existing domestic preference statutes and regulations, this one does.
Contracts and COVID-19: How to Make Sure You’re Protected When There’s a Project Delay (May 15, 2020)
After you have identified contract clauses that are critical to determining your rights and obligations with respect to COVID-19 caused delays, next you need to determine what these clauses actually say. Your review should seek to answer three questions: (1) is COVID-19 an excusable delay; (2) what is the allowable timeframe to submit a delay claim; and (3) what are the required elements of a claim? Answering these questions may not be as easy as it sounds. To help you wade through the legalese, we’ll explain what to look for in the following sections.
The Daily Reporter: Know How Your Contracts Are Set Up to Deal With Pandemic-related Delays
(May 8, 2020)
It is not hyperbole to say that the whole world is in the midst of unprecedented times. Although the federal government has not issued specific mandates to the construction industry, states and cities have enacted their own policies, first as part of “stay at home” and not as part of “return to work” orders. At each end of the stay-return spectrum, most jurisdictions have deemed construction an “essential business,” allowing projects to continue.
Construction Executive: New Building Programs Focus on Occupant Wellness
(April 28, 2020)
Building owners traditionally sought designs from well-known architects to provide a brand identifier that would distinguish the structure for marketing and overall ownership satisfaction. More recently, developers are embracing branding that relates to social goals of sustainability and wellness.
OSHA Clarifies: Most COVID-19 Cases Are Not Recordable
(April 13, 2020)
Following our written letter to OSHA urging it to announce a presumption that COVID-19 cases are not recordable incidents, OSHA did just that. Late on Friday, OSHA announced that COVID-19 will not be a recordable injury in most areas and industries.
Is Coronavirus an excusable delay?
(March 6, 2020)
The spread of COVID-19 (Coronavirus) remains unclear, but its impacts are already being felt. Supply chains are being disrupted and companies are implementing preventative measures to protect their employees. Many businesses have already suspended non-essential travel, encouraged remote working arrangements, and advised employees to follow the Centers for Disease Control risk-reduction strategies. Given these delays and disruptions, it’s logical to wonder: Are delays or impacts related to the Coronavirus an excusable delay?
Construction Executive: Submittal Review: Study the Shop Drawings
(February 2, 2020)
Submittals are a formalized means of communication in construction and a building block to a successful project. Under some circumstances, however, the process can create unwelcome consequences. Jobsite injuries are a fertile field for claimants to argue that the process of reviewing and approving submittals creates a basis for liability to the injured parties. Workers injured on the jobsite assert liability based on the review process.
Cannabis Concerns? Employer Strategies for Maintaining a Safe Workplace
(December 31, 2019)
Approximately 70% of the U.S. population live in states that have legalized some form of marijuana. Only a few states have not legalized marijuana for medical or recreational use, but these sober-state employers still face complex employment issues arising from worker use of cannabis products. For construction employers in particular, the duty to maintain a safe workplace makes handling these complex issues all the more important.
Construction Executive: The Modular Construction Train Is Picking Up Steam
(December 5, 2019)
Among many nicknames for New York City is the “city of skyscrapers.” Going back to the late 19th century, there has been a consistent push to develop and build bigger and grander buildings while testing out advancements in process, materials and design. The results have provided world renowned structures such as the Empire State Building, St. Patrick’s Cathedral and the Guggenheim Museum. While continuing to add to its impressive skyline (think One World Trade Center) and unique structures (such as the Vessel at Hudson Yards), there is a new construction and design program that is picking up steam in New York City—modular construction.
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Constructor Magazine: BIM: What? Why? Watch Out! Resolve.
Building Information Modeling (BIM) is one of the most prevalent innovations in the design and construction industry over the past 20 years. It began as a more efficient production tool for design teams to deliver drawings but has grown to encompass nearly every project team member involved in the design and construction of a project, including the owner. The value of the digital representation of the project can extend far beyond the delivery of the project and into the management of maintenance, available space, inventory and future renovations and expansions.
Four steps to winning an Arizona bid protest
Bid protests on statewide and local public procurements in Arizona are allowed, in one form or another, if an unsuccessful offeror has both “standing” and a basis for protest. Protestors can seek to be awarded the contract or to have the solicitation thrown out and reissued, which in many cases is itself a success.
InsideTrack: Rise of the Machines: Wearable Technology in the Workplace
In 2017, a River Falls company made news when it offered employees the chance to have an RFID chip injected into their hand. More than 40 employees of Three Square Market, a technology company that provides self-service mini-markets to hospitals, hotels, and company break rooms, took the leap and had chips around the size of a large grain of rice implanted in their hands.
Schemes, Scams & Occupational Fraud in Construction
Recently, Husch Blackwell Partners Josh Levy and Eric Meier participated in the Certified Financial Management Association’s Midwest Regional Conference in Oak Brook, Illinois. The following is a Top Ten list of takeaways from their topic: “Schemes, Scams & Occupational Fraud.”
Protection Against Escalating Material Costs in the Construction Industry
As a matter of public policy, fighting inflation has not rated very highly on the list of priorities for some time now. Indeed, recent policy measures have sought to stoke inflation—something unimaginable a generation ago. The Federal Reserve professes to maintain an actual inflation target of 2% and claims that it would not at all be concerned it we overshot that target.
Construction Project Delays: An Expensive Gordian Knot
Construction projects suffer delays in virtually unlimited ways. The schedule is impacted by everything from design errors to poor management. Any event can result in a delay claim, but delay claims are only one type of construction dispute. When other claims arise on the project, those claims must be coordinated with the delay claim. We are looking only at delays.
Construction Executive: How Project Management Software Helps Eliminate Disputes on Construction Projects
The best ingredient for a successful project is up-to-date and accurate project information that is available to all parties involved. Disputes are avoided when everyone from the owner and the general contractor, to the design team and the subcontractors, has access to current project records.
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Bond Buyer: The New Breed of Public-Private Partnerships (log-in required)
Charles Renner provides a commentary on the new breed of public-private partnerships.
Construction Dive: The Dotted Line: What Makes a Successful RFP
Requests for proposals (RFPs) — they’re like supercharged invitations to bid, and contractor responses to them can form the blueprint for how the project will be run rather than just how much it will cost. So, when preparing a response to one of these documents, it’s important to know how RFPs relate to the contract, what will make a good impression on owners and how the experts handle proposals in response to these requests. Josh Levy outlines typical questions included in an RFP.
Investor's Realty Omaha: Tapping Into Opportunity Zones
Adam Charlsen summarizes the legislative and regulatory history of the Opportunity Zones program and discusses potential deal structures that would include qualified opportunity zones investments.
Licensed Architect: Do the "Write" Thing
Josh Levy offers some perspective on contracts--and how they should be viewed during performance of a project--for licensed architects to consider.
The Fiction of the One-Year Warranty
Lawyers often have to correct common misunderstandings clients have regarding certain legal principles, such as the ability to recover attorney’s fees in litigation and what may be covered by their insurance policies. In the construction law space, a common misconception is the concept that exposure to claims ends after the expiration of a one-year warranty.
Why getting the wrong results in arbitration may be what you bought
Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are certainly important considerations. But resolving disputes in arbitration can sometimes lead to surprising results, even ones that might be inconsistent with the underlying contract or with applicable state law.
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When & How to Use Digital Signatures in Construction
An electronic signature, or e-signature, is simply data in electronic form used by a signatory to indicate assent on an electronic document. An e-signature can be as simple as a name typed into an electronic document, or it can be more complicated, effectuated through a cryptographic digital security mechanism.
Navigating the Protections of Various Lien Waivers
Traditionally, a lien waiver functioned as an acknowledgment that some payment was paid and the lienholder released its right to file a lien on a subject property for that payment. Over the years, the content of lien waivers grew to include additional protections.
CRE Investors Seeking Security Through JVs
The good news for operators is that there is as much capital on the sidelines looking for quality real estate investment opportunities as ever before. However, while the money may be available, the nation’s top investors are cautious about where to invest capital.
Fraud, Forgery and Outright Theft: Strategies to Protect Project Funds
Theft comes in all shapes and sizes. Employees, vendors and subcontractors—even those a contractor has worked with for years—can act unscrupulously and even illegally to siphon money from a company. From falsifying invoices to funneling money to phantom companies, people with ill intentions are creative in figuring out ways to defraud.
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