ACCL Membership Directory

Kimberly A. Hurtado

  • Managing Shareholder
  • Hurtado Zimmerman SC
  • 1011 Mayfair Road, Suite 204
  • Wauwatosa, Wisconsin 53226

Education

  • Undergraduate: Bachelor of Science University of Wisconsin 1981
  • Graduate: MA-Communications Marquette University 1983
  • Law School: JD Marquette University Law School 1987

Honors and Activities

Certificate – Associated General Contractors of America BIM Education Program, CM-BIM (2010-present)

LEED Green Associate, BD+C, US Green Building Council (2016-present)

Named – Construction Law Firm of the Year USA – Acquisition International Finance Awards (2015)

Fortune Magazine, Women Leaders in the Law (Sept. 2015)

 

Biography

Kim Hurtado served as the Law Clerk to Chief Justice Day of the Wisconsin Supreme Court before joining Michael Best & Friedrich in 1990 and chairing its Construction Section.  In 1998, she became the Managing Shareholder of Hurtado Zimmerman, S.C., Counselors at Law, in Wauwatosa, WI, where she has focused her practice on construction transactional and dispute resolution matters, real property development and public bond finance of public infrastructure projects.  Since 2009, she has been an Adjunct Professor at the Frank Lloyd Wright School of Architecture teaching Ethics of Construction Contracting.

Professional Activities

 

  • Fellow – American College of Construction Lawyers (2005-present); BIM Committee (2006-present); Nominations Committee (2011-13); Board of Governors (2011-2013)
  • Fellow – Litigation Counsel of America (2015-present)
  • LEED Green Associate, BD+C, US Green Building Council, Member – Legal Committee (2013-present)
  • Named – International Who’s Who Legal: Construction (2012-present)
  • American Bar Association, Forum on the Construction Industry – Member, Board of Governors (1999-2003); Chair, Division #5, Contract Negotiation and Administration (1996-1999); Technology Committee – Member; (1999-present); Long Range Planning Committee (2003-05); Member (1988-present); Forum Liaison to Associated General Contractors of America (2013-2017)
  • Named – Fortune Magazine, Women Leaders in the Law (Sept. 2015)
  • State Bar of Wisconsin, Construction and Public Contract Law Section – Chair (1997-98); Vice Chair (1996-97); Secretary (1994-95); Member (1987-present); Chair – Lien Law Subcommittee (1998-present); Lecturer
  • Associated General Contractors of America – Affiliate Member (1997-present); Contract Documents Committee – Member; Lecturer (1997-present); Author, BIM Education Program, Unit 3: BIM Contract Negotiation and Risk Management (2010); C0-Chair-Working Group-BIM Addendum (2012-2016); Chair-Working Group-Electronic Communications Addendum 200.0 (2008-2010)
  • Metropolitan Builders Association – Greater Milwaukee Chapter – Affiliate Member (1999-present); Lead Drafter-Construction Arbitration Board Procedure (2016)
  • American Arbitration Association – Arbitrator (1990)
  • Frank Lloyd Wright School of Architecture  Adjunct Professor – Ethics of Construction Contracts (2004-present)
  • US Army Corps of Engineers Industry BIM Advisory Group (2007-present)
  • Martindale Hubbell Bar Registry – AV Preeminent Lawyers (2011-present)
  • Engineering News Record, Next Generation Leaders Series – Recognized for Construction Legal Services (1996)
  • Who’s Who in American Law; Who’s Who Among American Law Students – Named (1987, 1990-91)
  • British Society of Construction Law – Member (2008-present)
  • Super Lawyers – Wisconsin – Named – Construction Litigation, Top 25 Women Attorneys (2008-present)
  • National Association of Bond Counsel – Member (2008-present)

Representative Articles, Publications, Speeches and Seminars

  • Journal of the American Bar Association Forum on Construction Law, “BIM Comes of Age: The New ConsensusDOCs BIM Addendum for Life Cycle Buildings Information Modeling,” Vol. 36, No. 4 (Fall, 2016)
  • Practicing Law Institute, Building Better Construction Contracts 2015, “New Technologies: 3D Printing, BIM and Cloud Computing – What Construction Counsel Need to Know” (Dec. 2015)
  • Journal of the American College of Construction Lawyers, “Emerging Standards of Care for Sustainable Design and Construction,” Vol. 5, No. 1 (Winter 2011).
  • Associated General Contractors of America, Building Information Modeling Education Program, Unit 3, “BIM Contract Negotiation and Risk Allocation” (2011)
  • International Construction Law Journal, “Contract Issues in the Use of Construction Building Information Modeling (BIM),” Vol. 25, Part 3, 262-71 (British Society of Construction Law, July, 2008)
  • Journal of the American College of Construction Lawyers, “Emerging Standards of Care for Sustainable Design & Construction,” Vol. 5, No. 1 (Winter, 2011).
  • “Developing Meaningful Contract Terms for Electronic Communication on Construction Projects,” Vol. 29, No. 4, 25, The Construction Lawyer (Spring 2009)
  • International Construction Law Journal, “Contract Issues in the Use of Construction Bujilding Information Modeling (BIM),” Vol. 25, Part 3, 262-71 (British Society of Construction Law, July, 2008)
  • “Journal of the American College of Construction Lawyers, “Emerging Standards of Care for Sustainable Design & Construction,” Vol. 5, No. 1 (Winter, 2011).
  • Construction Project Websites: Dealing with Technology Moving Faster than the Law,” Construct !, ABA Litigation Section (Winter 2004)
  • “Survey of Payment Provisions & Trust Fund Statutes – WI,” Construction Lawyer, Vol. 4, No. 4, 25 (2004)
  • “Agreements Between Design/Builder & Subcontractor – AGC 450, 455, 460 & 465,” AGC Contract Documents Handbook, Ch. 7, Aspen Publishers (2003)
  • “Partnering: A Practical Guide to Project Success,” ABA Publications (1999)
  • “Dispute Resolution Alternatives,” Design/Build Contracting Formbook, Ch. 12, Wiley Law Publications (1997)
  • “Dispute Avoidance Through the Use of Partnering,” Preventative Law Reporter (Spring 1996)
  • Editor – Wisconsin State Bar Construction Newsletter (1995-96)
  • “Counsel’s Role in Negotiating a Successful Construction Partnering Agreement,” ABA Construction Lawyer, Vol. 15, No. 4, 19-23 (1995)
  • “A Thorn in the Side of Privacy,” 70 Marq. L. Rev. 534 (1987)

Selected Speeches, Panel Discussions, Seminars

  • Insight’s Annual BIM Forum – Canada, “BIM Contracts: Using BIM Addenda Contract Forms to Maximize Project Best Value,” Vancouver, British Columbia (September 27, 2011).
  • American College of Construction Lawyers, “Custom Contract Modification of AIA and ConsensusDOCs Electronic Communications Protocol and Building Information Modeling Addenda,” Jacksonville, FL (February 21, 2009)
  • “Building Information Modeling: How Parametric Virtual Design is Changing the Construction Industry,” Wisconsin Bar Association, Milwaukee, WI (May 8, 2009)
  • “Minimizing Discovery Headaches by Managing Construction Project Electronically Stored Information,” American Bar Association  Forum on the Construction Industry, New Orleans, LA (April 16, 2009)
  • “Saving the Trees and Managing the Paper: Developing Meaningful Contract Terms for Construction Project Electronic Communication Protocols,” American Bar Association  Forum on the Construction Industry, Chicago, IL (September 12, 2008)
  • “The New ConsensusDOCS Forms: The Evolution from AGC DocuBuilder to Industry Consensus-Based Contracting,” AGC of Greater Milwaukee, Milwaukee, Wisconsin (March 3, 2008)
  • “Lessons Learned,” American Bar Association Forum on the Construction Industry
  • “The Owner’s Obligations and Duties to Pay Contractors,” Puerto Rico, San Juan (April 13, 2007).
  • “Crash, Boom, Ouch: Jobsite Crisis Management Tools to Protect your Company,” ACG of America (June 11, 2005)
  • “Change Orders: Can’t Live With Them, Can’t Live Without Them,” Associated General Contractors of America, Las Vegas, NV (March 15, 2005)
  • “Lien Law Update,” State Bar of Wisconsin, Madison, WI (March 9, 2004)
  • “Using Lien and Bond Claims to Boost Collection of Past Due Accounts,” National Association of Credit Managers, Milwaukee, WI (October 12, 2004)
  • “Construction Ethics,” Associated General Contractors – Greater Milwaukee, Milwaukee, WI (October 27, 2005)
  • “Understanding AIA Contract Indemnity, Insurance and Waiver Provisions,” American Institute of Architects, Milwaukee, WI (November 9, 2005)
  • “Subcontractor Agreements,” Fond du Lac Builders Association, Fond du Lac, WI (October 23, 2003)
  • “Effective Use of Partnering to Enhance ‘Best Value’ Performance,” American Bar Association – Forum on the Construction Industry, Washington, D.C. (October 2, 2003)
  • “AGC Docubuilder: Streamlining Contract Creation,” Associated General Contractors of America, Waukesha, WI (February 6, 2003)
  • “Evaluating Client-Requested Changes to Contract Documents,” Century Fence Corporation, West Allis, WI (January 7, 2003)
  • Using Contract Provisions to Resolve Construction Disputes,” CEO Roundtable, ” South Milwaukee, WI (September 17, 2002)
  • “Construction Claims,” National Business Institute Seminars, Milwaukee, WI (November 29, 2000)
  • “Construction Disputes,” Lorman Seminars, Milwaukee, WI (March 24, 2000)
  • “Construction Contracting and Tribal Jurisdiction,” State Bar of Wisconsin, Green Bay, WI (September 18, 1998)
  • “Modifying the AIA A201 General Conditions,” State Bar of Wisconsin, Lake Geneva, WI (June 25, 1998)
  • “Understanding Contract Terms,” Fond du Lac Builders Association, Fond du Lac, WI (February 24, 1998)
  • “The Role of Attorneys in Partnering on Private Projects,” Dispute Avoidance and Resolution Task Force (DART) and Construction Industry Institute (CII), San Antonio, TX (March 28, 1996).
  • “Ethical Issues Presented When Counsel Represents the Principal, Indemnitor and Surety,” American Bar Association – Public Contract Law Section and TIPS Fidelity/Surety Committee, New York, NY (October 18, 1996).
  • “Negotiating AIA Contracts,” American Bar Association Forum on the Construction Industry, Dallas, TX (May 1, 1996)
  • “Changing Trends in Project Delivery: Design/Build Dispute Resolution Alternatives,” American Bar Association – Forum on the Construction Industry, San Francisco, CA (April 26, 1995)
  • “The New AGC Subcontractor Agreement,” Associated General Contractors – Greater Milwaukee, Milwaukee, WI (July 19, 1994)
  • “WCC Forms Seminar,” Wisconsin Credit Union League, Wisconsin Dells, WI (May 18, 1994)
  • “Modifying Construction Contract Forms,” Manitowoc Builders Association, Manitowoc, WI (March 24, 1994)
  • “The New Wisconsin Public and Private Construction Lien and Bond Forms,” Associated General Contractors – Greater Milwaukee, Milwaukee, WI (March 3, 1994)
  • “Nuts and Bolts: Perfecting Construction Claims,” State Bar of Wisconsin, Oshkosh, WI (June 17, 1993)
  • “Working With the New Wisconsin Bankers Association Disbursement Agreement,” Chicago Title Insurance, Appleton, WI (April 26, 1993)
  • “Access Requirements Under the Americans with Disabilities Act,” Wisconsin Physical Therapy Association, Oconomowoc, WI (April 2, 1993)
  • “Getting Paid: Credits and Collections,” Wisconsin Landscape Federation, Wisconsin Dells, WI (February 23, 1993)
  • “Lien Law – Minority Contractor Development Program,” Associated General Contractors, Milwaukee, WI (December 12, 1990)
  • “Disputes Resolution: Arbitration, Litigation and Mediation,” Metropolitan Builders Association of Milwaukee, Waukesha, WI (September 17, 1990)
  • “Constitutionality of Wisconsin’s Construction Statute of Repose,” Wisconsin Engineers Association – State Convention, (April 6, 1990)

Court Admissions

  • State of Wisconsin 1987
  • U.S. District Court (E.D. WI) 1987
  • U.S. District Court (W.D. WI) 1987
  • U.S. Court of Appeals (7th Circuit) 1990
  • U.S. District Court (District of Delaware) 2014
  • United States Bankruptcy Court (Delaware) 2014

Community Activities

  • Mercy Housing – Lakefront – Regional Advisory Committee (2016-present)
  • International Society of Business Leaders – Lifetime Member (2016-present)
  • Taliesin Preservation, Inc. – Board Member (2003-2011); Executive Committee (2004-2011)
  • National Space Society – Member (1998-present)
  • Outpost Cooperative  Member (1993-present); Board of Directors (1993-94); Owner of the Year (2000)
  • Amnesty International USA – Amnesty Leadership Group (2003-07); Member (1993-2014)
  • Metropolitan Builders Association Associate Member (1989-present); Construction Arbitration Board Member (1989-97)
  • Endometriosis Association – Recording Secretary (2006-07); Vice President of Funding (1986-87); Member (1984-present)
  • Greenleaf Center for Servant Leadership – Member, Milwaukee Chapter (2009-present)


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