Kimberly A. Hurtado

Kimberly A. Hurtado

Kimberly Hurtado

1011 N. Mayfair Road | Suite 204
Wauwatosa, WI 53226
P: (414) 727-6250
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Kimberly A. Hurtado, CM-BIM, LEED Associate

Since founding Hurtado Zimmerman SC in 1998, Kim has built a reputation as one of the most well-respected construction lawyers in the world. As a Fellow and Board of Governers Member of the American College of Construction Lawyers, a Charter Fellow of the Construction Lawyers Society of America, and recognized as a Thought Leader by International Who’s Who – Construction Law, Kim has been at the forefront of the development of construction law for decades.

Kim’s success is built on a deep understanding and appreciation of the construction and real estate industries, a passion for the ethical practice of law, and a commitment to delivering service excellence to her clients.

Her practice includes domestic and international negotiation of construction, real property, business acquisition and financing contracts—including public bond issuance and related funding mechanisms for major infrastructure projects, such as public-private partnerships (PPPs), integrated project delivery (IPD) and other forms of joint venture project completion.

She has decades of experience in the successful resolution of complex construction disputes—particularly structural design and construction defects, scope change, bond and lien foreclosure, critical path delay, insurance coverage and contract interpretation claims in state and federal court trials and appeals, and through a wide range of alternative dispute resolution (ADR) processes.

Kim has also developed acclaimed disadvantaged, minority and small business enterprise (DBE/MBE/SBE) programs for private, public and quasi-public entities compliant with federal and state funding requirements, and provides best practices consultation for ongoing implementation of these programs.

In addition, Kim provides long-range planning and strategic analysis for development and construction firms, including employment and non-compete agreements, joint venture and merger agreements, and succession planning services, including generational business transitions.

Kim has extensive experience providing guidance for ongoing construction project management issues. Clients rely on her for help with best value practices in development financing, change order resolutions, building information modeling (BIM and BPxP) and electronic project management, 3D printing, prefabrication of structures and building components, and life cycle sustainability initiatives, including LEED® and other sustainability certifications.

She frequently serves as a partnering facilitator, mediator and private arbitrator, and is known for thoughtful listening, thorough knowledge of the law, and out-of-the-box problem solving that leads to mutually acceptable resolution of claims.

Kim is the author of numerous books and articles about construction law, and is a frequent lecturer on construction and alternative dispute resolution law for universities, bar associations, and construction industry groups nationally and internationally.

She also serves on the US Army Corps of Engineers Industry BIM Consortium, and has chaired Drafting Committees for several Associated General Contractors of America ConsensusDOCs contracting forms.

Kim is a Lifetime Member of the International Society of Business Leaders, and a Senior Fellow of the Litigation Counsel of America, The Trial Lawyer Honorary Society, and a member of the Trial Law Institute and Diversity Law Institute. She is a Fellow of the American Bar Association Foundation and the Wisconsin Bar Foundation, and also serves on Travaux Board of Directors, a non-profit subsidiary of the Housing Authority of the City of Milwaukee providing low income and special needs housing and related social services and has provided pro bono services to numerous non-profit organization over her thirty-five year legal career, including the Milwaukee Art Museum, Frank Lloyd Wright Foundation, Betty Brinn Children’s Museum Maker Space, Mercy Housing Lakefront, and the US Army Corps of Engineers BIM Advisory Committee.

She is a professor at The School of Architecture at Arcosanti and is a frequent lecturer internationally on construction and ethics issues.


EDUCATION

Certification
CM-BIM 
Associated General Contractors of America

Certification
Structural Engineering, The Center for Professional Advancement, East Brunswick, New Jersey

Juris Doctor
Marquette University Law School, Milwaukee, Wisconsin

Master of Arts
Communication – Marquette University, Milwaukee, Wisconsin

Bachelor of Science
Theatre Arts – University of Wisconsin, Stevens Point, Wisconsin

Certificate – Diploma Course in Tibetan Buddhism – Nolanda University


PROFESSIONAL AFFILIATIONS & ACTIVITIES

  • 2022 National Bar Register AV Preeminent Attorneys – Judicial Edition, Martindale Hubbell – Named
  • International Who’s Who of Construction Lawyers – Named
  • Bar Register of Preeminent Lawyers Judicial Edition; Bar Register of Preeminent Women Lawyers – Martindale-Hubbell – Named
  • American College of Construction Lawyers – Fellow, Board of Governors; Member – BIM & Technology Committee; Lecturer
  • American Bar Association, Forum on the Construction Industry – Member, Governing Committee; Chair, Division #5, Contract Negotiation and Administration; Technology Committee – Member; Long Range Planning Committee; Member; Lecturer
  • State Bar of Wisconsin, Construction and Public Contract Law Section – Chair; Vice Chair; Secretary; Chair – Lien Law Subcommittee; Lecturer
  • Associated General Contractors of America – Affiliate Member; Contract Documents Committee – Member; Chair – Drafting Committee – ConsensusDOCs 200.2 Electronic Communications Protocol Addendum; Lecturer; Co-Chair of ConsensusDOCS 301 BIM Addendum Working Group
  • Metropolitan Builders Association – Greater Milwaukee Chapter – Affiliate Member
  • Marquette University Law School – Adjunct Lecturer – Construction, Alternative Dispute Resolution and Solo Practitioner Classes
  • Frank Lloyd Wright School of Architecture – Adjunct Professor
  • American Bar Association Foundation– Fellow
  • Construction Lawyers Society of America – Founding Fellow
  • International Society of Business Leaders (ISoBL) – Lifetime Member
  • Litigation Counsel of America, Senior Fellow, Member – Trial Law Institute, Member, Diversity Law Institute
  • Order of Vertitas – Barrister
  • Orer of Certus – Advocate
  • Wisconsin Law Foundation – Fellow
  • Construction Lawyers Society of America – Founding Fellow, Distinguished Speaker Award
  • Greenleaf Center for Servant Leadership – Member
  • Engineering News Record, Next Generation Leaders Series – Recognized for Construction Legal Services
  • Wisconsin Super Lawyer’s List; Top 25 Women Super Lawyers – Named
  • British Society of Construction Law – Member
  • Who’s Who in American Law; Who’s Who Among American Law Students – Named
  • Fortune Magazine, Women Leaders in the Law – Named
  • Business Journal – Named, Notable women in Law

LICENSES & ADMISSIONS TO PRACTICE

Licensed State of Wisconsin

Admitted to Practice – United States District Court – Eastern District of Wisconsin;  United States District Court – Western District of Wisconsin; United States Court of Appeals – Seventh Circuit; United States District Court – Delaware; United States Bankruptcy Court – Delaware


RECENT PUBLICATIONS

RECENT SEMINARS

  • Construction Lawyer Society of America, “Discovery of Building Information Modeling Data”, Banff Springs, Alberta, Canada – Distinguished Speaker Award (September 7, 2018)
  • Practicing Law Institute, “Construction Industry 3D Printing Legal Issues,” New York, NY (December 15, 2017)
  • American College of Construction Lawyers, “Brave New Extruded World: Additive 3D Printing in the Construction Industry,” Key Biscayne, FL (February 19, 2015)
  • WPL Publishing Co. Webinar, “Contracting for BIM Lifecycle Uses,” U.S. webcast (June 4, 2013)
  • International Construction Law Conference, “Britain’s iBIM Initiative: The RIBA BIM Overlay & Recommendations to Promote BIM as an Asset Life Cycle Tool,” Hamilton House, London, United Kingdom (September 23, 2012)
  • American Institute of Steel Construction Annual Conference, “Building Information Modeling: Contract Negotiation and Risk Management,” Dallas, Texas (April 18, 2012)
  • Texas Bar Association, “Baffled by BIM No More: How-To Basics of Building Information Modeling Contracts,” San Antonia Texas (March 2, 2012)
  • American College of Construction Lawyers, “Protecting Your Client in the Sustainable Construction Contracting Process,” Laguna Beach, CA (February 25, 2012)