Joel D. Heusinger

Woods Aitken LLP, 1986 to present

Practiced construction law, arbitration and litigation since 1986.

Advised and represented contractors, subcontractors, public and private owners, architects, engineers, suppliers, and surety companies in Arbitrations, Mediations, federal and state courts, and special master proceedings, on a variety of matters, including but not limited to, construction law, contract review, government contracts, design issues, defect claims, and insurance coverage.

Handled client disputes involving airports, bridges, dams, tunnels, power plants, cogeneration plants, stadiums, hospitals, underground utilities, highways, water treatment facilities, high-rise dwellings, condominiums/multi-family dwellings, renovations, data centers, office buildings, schools, sewers, shopping centers, ethanol plants, wind farms, manufacturing plants, casinos, hotels, and resorts.

Advised clients on matters pertaining to civil, electrical, environmental, geotechnical, foundations, industrial, mechanical, and structural engineering, in addition to subcontractor work related to acoustical, concrete, curtain walls, drywall, electrical, excavation, HVAC, masonry, paving, plumbing, roofing, and structural steel.

Drafted legislation for industry issues and presenting positions before state government officials for the Associated General Contractors, Design-Build Institute of America, National Electrical Contractors Association, and Mechanical Contractors Association.

Has participated in over 350 mediations and numerous arbitration hearings including the following representative arbitrations:  $30 million tunnel project in Las Vegas; $60 million data center project in Salt Lake City; $20 million hospital project in Milwaukee; $2 million hospital project in Indiana; $1 million convention center in Cincinnati; $7 million stadium in Fort Collins; $3 million condominium project in Vail; $20 million chip manufacturing plant in Colorado Springs; $1 million airport project in Baltimore; $50 million cogeneration plants in New Jersey; $2 million power plant in Massachusetts.

American Bar Association

Colorado State Bar Association

Nebraska State Bar Association

South Dakota Bar Association

American College of Construction Lawyers, Fellow

American Bar Association, Public Contract Law Section, Forum on the Construction Industry

Spoken on numerous occasions at construction industry conferences for the ABA Forum on Construction, ABA Public Contract Section, Associated General Contractors, Design-Build Institute of America, National Electrical Contractors Association, Mechanical Contractors Association, The Association of Union Contractors (TAUC), and Engineering News Record, American Institute of Architects.

Publications and papers:

1. Ambiguity Breeds Conflict: The Importance of Defining “Design-Assist” in the Construction Industry, Author, Journal of the American College of Construction Lawyers, Winter 2017
2. You’ve Got a Friend, Or Do You? How Do the Delivery Systems and Party Postures Impact Litigation Strategy and Procedures in Multi-Party Construction Claims, Author, American Bar Association, April 26, 2012
3. Show Me the Money! Prosecuting and Managing Affirmative Claims and Recoveries, Author, American Bar Association, January 2012
4. Risk Limitation Through Contracts, Insurance/Bonding and Evaluation of Claims, Author, Power-Gen International, December 13, 2011
5. What to Do When the Money is Gone: How to Get Paid Without Going to Jail, Author, American Institute of Steel Construction, May 2011
6. The Fundamentals of Construction Contracts: Understanding the Issues in Nebraska, Author, Lorman Education Services, November 17, 2005
7. AIA Contracts, Author, Lorman Education Services, July 15, 2005
8. Practical Concerns in Prosecuting Pass Through Claims, Author, The Construction Lawyer, Spring 2005
9. Construction Management/Design-Build in Nebraska, Author, Lorman Education Services, January 18, 2005
10. Construction Contracts: Forms and Substance – The Array of Essential Contract Documents Beyond Design and Construction Agreements, Author, American Bar Association, October 21, 2004
11. Solving Water Intrusion and Mold Problems in Nebraska, Author, Commercial Real Estate Workshop, September 5, 2003

Presentations concerning construction law topics:

1. Top Ten Things Every Contractor Should Know About Construction Law, Presenter, 2015 Annual Convention of the Associated General Contractors, Nebraska Chapter (February 2015)
2. Managing Construction Projects in Nebraska, Lorman Education Services (September 2014)
3. Constructing a Successful, Financial, Insurance, and Legal Team for Your Business, Presenter, Annual Conference of the National Utility Contractors Association of Nebraska (February 2014)
4. Lessons Learned, Project Delivery Methods, Discussion Panel Member for meeting of The American Institute of Architects – Nebraska (May 2014)
5. Roundtable Discussion Concerning the Construction Market Conditions for the Rocky Mountain Region, Moderator, Engineering News Record (ENR) (June 2013)
6. Mountain Region, Moderator, Engineering News Record (ENR) (February 2013)
7. An Owner’s Checklist for Construction Projects, Payment Obligations and Claim Evaluation, Presenter, North Dakota State Water Commission (September 2012)
8. Roundtable Discussion Concerning the Water/Wastewater Industry, Moderator, Engineering News Record (ENR) (June 2012)
9. You’ve Got a Friend, or Do You? How Do the Delivery Systems and Party Postures Impact Litigation Strategy and Procedures in Multi-Party Construction Claims, Presenter, 2012 Annual Meeting of ABA Forum on Construction Industry, Las Vegas, NV (April 2012)
10. Show Me the Money! Prosecuting and Managing Affirmative Claims and Recoveries, Presenter, ABA Tort Trial and Insurance Practice Section Mid-Winter Meeting, New York, NY (January 2012)
11. Project Execution: Successfully Managing Risks & Uncertainties, Presenter, Power-Gen International 2011, Las Vegas, NV (December 2011)
12. Construction Insurance and Types of Policies, Presenter, I-Day CPCU Society, Omaha, NE (November 2011)
13. What to Do When the Money is Gone: How to Get Paid Without Going to Jail, Presenter, North American Steel Construction Conference, Pittsburgh, PA (May 2011)
14. Focus on Making Your Company Profitable – Getting Paid for the Work You Do, Presenter, Assured Equity Management Corp, Denver, CO (April 2011)
15. Force Majeure, Escalating Contract Price Clauses, Changes in the AIA Contract Documents, Presenter, NECA, Omaha, NE (July 2006)
16. Design Build, Presenter, Associated General Contractors Nebraska Chapter 2005 Fall Meeting, Lincoln, NE (October 2005)
17. Holding the Owner Accountable for Harming the Subcontractor: Practical Concerns in Prosecuting Pass Through Claims, Presenter, ABA Forum on the Construction Industry, Tampa, FL (October 2004)
18. Mold is Gold, Presenter, Commercial Real Estate Seminar, Omaha, NE (May 2004)
19. AIA Contracts in Nebraska, Presenter, Lorman Education Services, Omaha, NE (April 2004)
20. Construction Defects, Change Orders, Presenter, Nebraska State Bar Association, Lincoln, NE (March 2004)

U.S. District Court – Colorado

U.S. District Court – Nebraska

U.S. District Court – Wisconsin (Eastern District)

U.S. District Court – South Dakota

U.S. Court of Appeals – Eighth Circuit

U.S. Court of Appeals – Tenth Circuit