Brian R. Zimmerman

Brian R. Zimmerman — Attorney and Shareholder

With a Bachelor of Science degree in civil engineering—and job site experience in engineering and surveying to complement it—Brian brings a unique perspective to his work in construction and real estate law.

As a Shareholder of the firm, Brian’s practice includes construction and real estate litigation, alternative dispute resolution, commercial and residential real property sales—including title and survey analysis—and construction contract preparation and negotiation.

Brian’s experience in dispute resolution includes contract disputes, construction defects, delay and warranty claims, theft by contractor claims, right to cure issues, home improvement practices claims, construction collections and lien foreclosure actions.

He has counseled clients in the negotiation of construction contracts—representing owners, contractors and architects—on projects that ranged from the tens of millions of dollars to residential home construction. Brian regularly helps clients prepare master contract forms for use in contracting with owners, subcontractors and suppliers.

In addition, Brian has assisted disadvantaged and minority contractors with certifications in DBE, WBE, WOSB, MBE, and other state and federal programs. This work has included both successful applications and appeal of decertification.

Brian works closely with clients to understand their needs and to provide legal advice as an outside general counsel. His work addresses both their immediate and long-term legal needs, including risk management, dispute resolution, personnel management, insurance, and strategic planning issues.
 
Brian currently serves on the Board of Directors for Habitat for Humanity of Waukesha County and is a member of the Steering Committee of the ABA Forum on the Construction Industry, Division 5 – General Contractors.


EDUCATION

Juris Doctor
Marquette University Law School, Milwaukee, Wisconsin

Bachelor of Science – Civil Engineering
Marquette University, Milwaukee, Wisconsin


PROFESSIONAL AFFILIATIONS & ACTIVITIES

  • American Bar Association, Forum on Construction Law, Division 5 Steering Committee
  • State Bar of Wisconsin – Member – Construction and Public Contract Law, Business Law and Real Property and Probate Sections
  • Board Member, Habitat for Humanity of Waukesha County
  • AGC of Greater Milwaukee, Member
  • Wisconsin Bar Association –Lien Law Drafting Committee (2015)
  • ConsensusDOCS Drafting Committee for Master Subcontract
  • ConsensusDOCS BIM Addendum Working Group
  • Metropolitan Builders Association of Milwaukee

LICENCES & ADMISSIONS TO PRACTICE

State of Wisconsin; United States District Court - Eastern and Western District of Wisconsin


PUBLICATIONS

  • Construction Bills: Recent Changes to Construction Law, Co-Contributing Editor American Bar Association Forum on Construction Law:
    • Revisions and Interpretation of State Statutes of Repose (Summer 2018)
    • 2018: This is Happening, People: California Requires General Contractors to Pay Subcontractors Unpaid Wages (Spring 2018)
    • OHSA’s Crystalline Silica Rule Takes Effect (Winter 2018)
    • A Condo Attitude: Colorado and Minnesota Amend Requirements for Condo Defect Litigation (Fall 2017)
    • Goodbye to “Fair Play and Safe Workplaces” (Summer 2017)
    • Trump Administration Infrastructure Revitalization Package (Spring 2017)
    • SBA Implements National Defense Authorization Act of 2013 Affecting Set-Aside Contracts (Winter 2017)
    • Droning On (New Drone Legislation) (Fall 2016)
    • State Prevailing Wage Law Repeals: Reigniting Old Conflicts (Summer 2016)
    • The FAST Act: A Federal Long-Term Surface Transportation Law Ten Years in the Making (Spring 2016)
    • Resurgence of False Claims Acts at Federal and State Levels (Winter 2016)
    • Changes to Limitation on Subcontractor for Small Business Set-Asides (Fall 2015)
    • Obama Administration’s Active Interest in Government Contracting Regulations (Spring 2015)
    • New Veteran and Disabled Individual Affirmative Action Requirements for Federal Contractors (Fall 2014)
    • Maryland Individual Surety Law Set to Subset in 2014 (Summer 2014)
    • Design-Build Continues Its Advance into Public Contracts (Spring 2014)
    • Amendments to California, Michigan, Washington, and Minnesota Anti-Indemnity Laws Represent Expansion and Refinement of Indemnity Restrictions (Winter 2014)
    • Moving Ahead With MAP-21 (Summer 2013)
  • Know Something that Nobody Else Knows – The Economics of Construction, American Bar Association Forum on Construction Law, for the 2018 Annual Program of the ABA Forum on Construction Law (April 2018).
  • Featured Profile, Construction Law Wisconsin Law Journal/Daily Reporter “Construction Law” publication (July, 2013).
  • Kalahari Lawsuit Offers Defect Lessons, Wisconsin Law Journal/Daily Reporter “Construction Law” publication (July, 2012).
  • Wisconsin Construction Warranties and Limits on Liability the Wisconsin Builders Association's Builder Buzz Blog (April 17, 2012).
  • Right to Cure Law: Use It or Lose It the Wisconsin Builders Association's Builder Buzz Blog (August 29, 2011).
  • Theft by Contractor: Avoiding the Pitfalls the Wisconsin Builders Association's Builder Buzz Blog (February 17, 2011).

 


SEMINARS

Know Something That Nobody Else Knows – The Economics of Construction, Moderator for panel with Karen P. Layng and Stan Simmons, 2018 Annual Meeting of the Forum on Construction Law, New Orleans, LA, (April 2018).

Understanding How Contracts Can Reduce (or Increase) Risk, Halfmoon Education, Inc., Managing Engineering Liability and Ethics Issues, (March 2017).

Wisconsin Construction-Related Legal Issues, Indiana Bar Association, Big 10 Construction & Surety Law CLE, Indianapolis (March 2016).

Supervisory Training Program, Unit 4 Contract Documents, Instructor for the AGC of Greater Milwaukee (2015).

Wisconsin Construction Liens on Private Projects for AGC of Greater Milwaukee, (April 2014).

Wisconsin Construction Liens on Private Projects for AGC of Greater Milwaukee, (April 2012).

Wisconsin Remodeling Laws Metropolitan Builders Association, Remodel Power Conference, (September 2012).

Construction Lien Foreclosure on Privately Owned Property in Wisconsin, Fond du Lac Builders Association, (January 2011)