ACCL Membership Directory

John (Buzz) H. Tarlow

  • Attorney
  • Tarlow & Stonecipher, PLLC
  • 1705 West College Street
  • Bozeman, Montana 59715
  • Email: jtarlow@lawmt.com
  • Phone: (406) 586-9714
  • Cell:
  • Company Phone: (406) 586-9714
  • Fax: (406) 586-9720

Education

  • Undergraduate: BA University of Connecticut  1981
  • Law School: J.D. Boston University School of Law 1985

Honors and Activities

University of Connecticut (with distinction in Economics, cum laude).

Career History

  • 1986 to 1989 AssociateDowns Rachlin Martin, PLLC

    Burlington, VT

  • 1989 to 1996 Associate and PrincipalLandoe, Brown, Planalp & Komers, P.C.

    Bozeman, MT

  • 1997 to Present Founding MemberTarlow Stonecipher & Steele, PLLC

    Bozeman, MT

Professional Activities

John H. “Buzz” Tarlow is a member of the Bozeman, Montana law firm of Tarlow Stonecipher Weamer & Kelly, PLLC practicing primarily in the areas of Aviation Law, Commercial Law, Construction Law, Corporate Law, Insurance Law, and litigation. Mr. Tarlow received his B.A. with distinction in Economics, cum laude, from the University of Connecticut in 1981. He received his J.D. from the Boston University School of Law in 1985.

Mr. Tarlow represents owners, general contractors, subcontractors, sureties, engineers and architects throughout Montana and acts as a mediator and arbitrator in construction disputes. He is admitted to the State and Federal Courts of Vermont and Montana and is a member of the Gallatin County Bar Association, Montana Bar Association, American Association for Justice, and the ABA Forum on the Construction Industry. Mr. Tarlow is the founder (and former chairperson) of the Construction Law Section of the State Bar of Montana and the Montana Construction Law Institute in conjunction with Montana State University. Over the last several years he has presented programs on construction law related topics to several groups including the State Bar of Montana, the Montana Trial Lawyers  Association, the American Subcontractors Association of Montana, the American Bar Association Forum on the Construction Industry, the National Association of Women in Construction and several private organizations. He is a guest lecturer for the College of Civil Engineering at Montana State University – Bozeman. Mr. Tarlow is a member of both the Steering Committee of Division One (alternative dispute resolution) and the Technical Committee of the Forum on the Construction Industry of the American Bar Association.

In addition to his construction work, Mr. Tarlow regularly represents developers, homeowners associations and financial institutions in real estate matters throughout southwest Montana, many involving ski resort and other recreational projects and developments.

He also serves a number of charitable organizations in various capacities including as: a board member and former president of Greater Gallatin United Way; a founding member of the Gallatin County Chapter of MADD; former president of the Help Center, a 24 hour telephone crisis counseling service; and a cub scout leader and assistant scoutmaster for the Montana Council of the Boy Scouts of America. Mr. Tarlow and his law firm actively participate in several pro bono legal service projects including the Gallatin County Guardian Ad Litem program.

Mr. Tarlow is a licensed pilot, a certified ski and sailboard instructor and the founder and bass player of a local rock band.

Most importantly he is husband to his wife Holly. They have a daughter, Sarajane,  and a son, Jed.

Other Bar/Law Related Activities:

  • Active as construction mediator in the state of Montana
  • Founder of Montana State Bar Construction Law Section
  • Founder of Montana Construction Law Institute (an annual statewide construction law program)
  • American Bar Association Forum on the Construction Industry – Fellowship Program (Mentor)
  • American Bar Association Forum on the Construction Industry – Division 1 – Steering Committee
  • American Bar Association Forum on the Construction Industry – Division 1 – Technology Committee (active in organization of ABA Forum on the Construction Industry podcast program)
  • Montana Interim Legislative Joint Committee of the House and Senate, July 2008 (testified to Committee regarding operation of lien law, insurance and bonding in response to public forum on residential construction defects)
  • Montana Interim Legislative Joint Committee – Residential Construction Working Group, August 2008 (served as consultant to the Committee regarding proposed legislation concerning residential construction defects)
  • State Bar of Montana Professionalism Committee’s Rookie Camp 2006, September 14, 2006, Bozeman, MT (served on Faculty)
  • State Bar of Montana – Fee Arbitration Panelist – 18th Judicial District – (appointed to serve as a panel arbitrator for a 3-year term, June, 2009, to June, 2012)

Organizations:

  • Aircraft Owners and Pilots Association
  • American Association for Justice
  • American Bar Association Forum on Construction Law
  • American College of Construction Lawyers
  • Fellow of the American Bar Association Foundation
  • Gallatin County Bar Association
  • Gallatin County Guardian Ad Litem Program
  • Montana Bar Association
  • Montana Trial Lawyers Association
  • State Bar of Montana Construction Law Section

Representative Cases:

City of Bozeman v. McAlvain Civil Constructors, Inc.

Representation of City in a claim against contractor regarding the construction of a municipal wastewater treatment facility

1804 Operating, LLC v. JN Field Services, LLC

Successful defense of multimillion dollar claim against contractor in arbitration relating to salt-water pipeline construction in North Dakota

Killion Trucking et al. v. Skanska USA

Defense of national heavy construction firm in multi-party action on surety bond relating to Wyoming interstate highway project

Impact Mechanical, L.L. v. Walsh Construction, Inc. and URS Washington Division, LLC

Montana counsel for national engineering firm in connection with defense of claims arising out of construction of major hydro-electric facility

Barnard Impregilo Healy Joint Venture v. Willis of Michigan, Inc. and First West Insurance, Inc.

Defense of regional insurance broker in multimillion dollar claim arising out of insurance matters in complex mass transit tunneling project in San Francisco, California

MBA Construction Company v. Dry Prairie Rural Water Authority

Represented regional general contractor in arbitration against public water district entity concerning change orders and claims for additional compensation arising out of construction of office/maintenance facility, focusing on issues of geothermal heating system, scheduling and permitting requirements, resulting in arbitrator’s verdict in favor of the general contractor

Mobley & Sons, Inc. v. Matt Weaver

Defense of general contractor against claims by subcontractor for additional payments pursuant to work allegedly performed by the subcontractor, resulting in directed verdict granted by Court during the course of the jury trial in favor of general contractor

Caddell Construction Company, Inc. v. The Kulonis Company and Kenneth P. Kulonis

Montana counsel for national general contractor in complex construction dispute at Fort Sill, Oklahoma, involving multi-million dollar claim arising out of design defects in heating and cooling system

GreatHouse Builders, Inc., v. Evan Greenberg, et al.

Represented owners in multiple-day arbitration of claims by general contractor exceeding $2,000,000 in connection with the construction of a ski resort home resulting in successful defense of claims

Cust-O-Fab, Inc. v. CHS, Inc. and CEntry Constructors & Engineers, Inc.

Montana counsel for oil refinery equipment fabricator relating to project delays, design defects and related issues

Robert M. Lee v. Martel Construction, Inc.; Legere Group, Ltd.

Represented window manufacturer in connection with alleged defect claims in multi-party litigation arising out of the construction of a 50,000 square foot, $50,000,000.00 residence on a private island in Flathead Lake, considered to be the most expensive private residence ever built in the state of Montana

Big Sky Division 15, Inc. d/b/a Big Sky Plumbing and Heating v. Clark Construction Company, et al.          

Represented construction management company in connection with multi-million dollar claims by subcontractor for scheduling and related losses at centerpiece ski resort high-rise hotel

Superior Concrete, Ltd., et al. v. Vratsinas Construction, Inc.

Represented national retail facility constructor in defense of claims by multiple subcontractors in week-long arbitration, resulting in successful defense of claims

Haskell Corporation v. Cenex Harvest States Cooperative, Inc., et al.

Montana counsel for regional constructor in claims involving significant renovation of an oil refinery located in Laurel, Montana

William A. Ward d/b/a/ Stonewerx v. Voyager Construction, LLC, et al.

Represented owner in defense of issues arising out of $800,000 residential masonry contract primarily litigating the issue of pre-lien notice and attorneys’ fees leading to the award by the Court to the owner of substantial attorneys’ fees

Benton v. Pearson

Represented injured general contractor in personal injury claim resulting in multi-million dollar settlement

Grant v. United States of America

Represented claimant in complex helicopter accident resulting in multi-million dollar settlement

Arrowhead Condominium Association Phases I-IV Unit Owners, Inc. v. State Farm Fire and Casualty Co.

Represented Arrowhead Condominium Association in first-party property damage dispute involving failure of a retaining wall and its effect on a condominium development at Big Sky Ski Resort, resulting in a substantial recovery to the Condominium Association

Recent Montana Supreme Court Cases:

Leonard (“Duke”) Brown v. Yellowstone Club Operations, LLC, 2011 MT 155, 361 Mont. 124, 225 P.3d 205, 161 Lab.Cas. P 61, 162, June 28, 2011 (No. DA 10-0533)

Bunch v. Lancair Intern., Inc., 2009 MT 29, 349 Mont. 144, 202 P.3d 784, 2009 WL 250529, Mont., February 03, 2009 (No. DA 08-0090)

Gierke v. Walker, 279 Mont. 349, 927 P.2d 524, 1996 WL 678682, Mont., November 21, 1996 (No. 96-436)

Mobley and Sons, Inc. v. Weaver, 2009 MT 312, 352 Mont. 396, 218 P.3d 472, September 22, 2009 (No. DA 09-0145)

Sebena v. State, 267 Mont. 359, 883 P.2d 1263, 1994 WL 612808, Mont., November 07, 1994(No. 94-218)

Lumber Enterprises, Inc. v. Hansen, 257 Mont. 11, 846 P.2d 1046, 1993 WL 33511, 20 UCC Rep. Serv. 2d 774, Mont., February 11, 1993 (No. 92-375)

Academic Experience:

Adjunct Faculty Member, Montana State University, Bozeman, Montana, College of Engineering (2011 to present)

Montana State University, College of Engineering – Professional Masters of Science and Engineering Management Program – Member of Academic Committee creating curriculum  (September 2011 to present)

Lecturer, Montana State University, College Of Engineering – Engineering Ethics & Professional Practice (2006 to present)

Guest lecturer, Montana State University, College of Technology – Aviation Law

Awards:

2004 Pro Bono Publico Award – 18th Judicial District – Pro Bono Project (awarded for law firm’s representation of guardian ad litem in parental rights termination proceedings)

2014 Construction Law Section Appreciation Award (In recognition of exemplary contributions to the Construction Law Section of the State Bar of Montana from 2005 to 2014)

Charitable Organizations and Community Service:

Bozeman Help Center (24-hour crisis counseling service) (Former President)

Family Promise of Gallatin Valley, Inc. (Former Board Member and Chairman)

Gallatin County Chapter of MADD (Founding Board Member)

Greater Gallatin United Way (Long-standing Board Member and former Chairman)

Montana Council of the Boy Scouts of America (former Cub Scout Leader and Assistant Scoutmaster)

Representative Articles, Publications, Speeches and Seminars

In Defense of Lying: Ethical Issues in Mediation, American Bar Association Forum on Construction Law, Fall National Conference, October, 2015 Austin, Texas

 

50 Shades of Mediation, 10th Annual Montana State Bar Construction Law Institute, October, 2014, Bozeman, Montana; University of Kentucky College of Law Construction Law Institute, Lexington, Kentucky, October 2014;  Annual Meeting of the American College of Construction Lawyers,  Key Biscayne, Florida,  February, 2015

 

The Legal Issues Arising from Future On-Site Construction Technologies, American Bar Association Forum on the Construction Industry Annual Meeting, April, 2013 Dana Point, California

 

Construction Law Program for State and Local Government Attorneys and University Counsel, co-sponsored by the American Bar Association Forum on the Construction Industry and the American Bar Association Government and Public Sector Lawyers Division, October, 2012, Boston, Massachusetts

 

Multiple Party Construction Arbitrations:  Contractual and Jurisdictional Issues  – Who’s In, Who’s Out, and Who Decides,  American College of Construction Lawyers 23rd Annual Conference February, 2012 Laguna Beach, California

 

Engineers as Expert Witnesses: Practices, Procedures and Pitfalls, State of Montana Joint Professional Engineers Annual Conference, November, 2011 Helena, Montana

Coverages, Disputes and Tactics for Survival: Critical Insurance and Litigation Issues and Insights.  Presented at the American Bar Association Forum on the Construction Industry – Midwinter Meeting, January, 2009, Bonita Springs, Florida (Served on a panel of experts discussing managing disputes resolution process from the owner’s perspective)

 

ADR in Construction Cases: Mediation and Arbitration Practices, Issues and Problems.  Presented at the State Bar of Montana – Fourth Annual Construction Law Institute, September, 2008, Bozeman, Montana

Introduction to Issues Relating to Arbitration in Construction Contracts.  Presented at the National Association of Women in Construction – Annual Planning Conference for Region 9, October, 2007, Great Falls, Montana

Current Issues in Construction Law for Engineers.  Presented at the Montana Society of Engineers – Joint Engineering Conference, November, 2006, Helena, Montana

Change Orders and Defenses to Written Notice Requirements.  Presented at Lorman Education Services, program entitled – Changes, Change Orders and Changed Conditions in Montana, February, 2005, Billings, Montana

Dos and Don’ts of Construction Law Arbitration.  Presented at the State Bar of Montana annual statewide program, January, 2005, Big Sky, Montana

 

Montana Construction Lien Laws. Presented at the American Subcontractors of Montana program, June, 2003, Bozeman, Montana; published in Montana Subcontractor (The Quarterly Magazine for Montana Subcontractors)

 

Construction Claims in Montana, presented at the Lorman Education Services program, June, 2001, Billings, Montana

 

Contractors’ Rights:  Protecting Contractors’ Rights and New Developments and Pitfalls.  Presented at the Lorman Education Services program entitled – Montana Construction Law: Can This Job be Saved?  Creative Strategies for Project Completion and Litigation, August, 2000, Billings, MT, and August, 2001, Billings, Montana

 

Arbitration: When Is It Good? When Is It Bad? When Is It Ugly? Published in the Montana Subcontractor, December 2000 Issue (The Quarterly Magazine of the Associated Subcontractors of Montana)

Overview of Damages, Insurance Coverage and Attorney’s Fees in Construction Cases.  Presented at the Montana Trial Lawyers Association (MTLA) – statewide program entitled Commercial Litigation & Business Torts, February 6, 1998, Billings, Montana

Court Admissions

  • 1986, Vermont and U.S. District Court, District of Vermont
  • 1989, Montana and U.S. District Court, District of Montana
  • 1990, U.S. Court of Appeals, Ninth Circuit

Community Activities

  • Bozeman Help Center (24-hour crisis counseling service) (Former President)
  • Family Promise of Gallatin Valley, Inc. (Board Member)
  • Gallatin County Chapter of MADD (Founding Member)
  • Greater Gallatin United Way (Long-standing Board Member and former Chairman
  • Montana Council of the Boy Scouts of America (former Cub Scout Leader and Assistant Scoutmaster)


← Return to Previous Page