Kimberly A. Hurtado

Kimberly A. Hurtado, CM-BIM, LEED AssociateFounder and Managing Shareholder

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 Member of the Board of Governors 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 as a Thought Leader, she 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 billions in construction, real property, business acquisition and financing contracts annually—including public bond issuance and related funding mechanisms for large infrastructure projects, such as public-private partnerships (PPPs), integrated project delivery (IPD) and other forms of joint ventured project completion. 

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

Her experience further extends to the successful resolution of complex construction disputes—particularly structural design and construction defects, 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 highly successful disadvantaged, minority and small business enterprise (DBE/MBE/SBE) programs for private, public and quasi-public entities that are compliant with federal and state funding requirements, and provides best practices consultation for ongoing implementation of these programs.

Kim is widely respected for her work in construction project management. Clients rely on her for help with best value practices in development financing, 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® accreditation.

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 analysis that leads to mutually acceptable resolution of claims.   

Kim is the author of several books and numerous articles, and is a frequent lecturer on construction and alternative dispute resolution law at universities and bar associations, 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 serves as an Adjunct Professor at the School of Architecture at Taliesin, teaching on the Ethics of Construction Contracting.

Kim is a Lifetime Member of the International Society of Business Leaders, a Fellow of the Litigation Counsel of America. She is a Fellow of the American Bar Association Foundation and the Wisconsin Bar Foundation, and also serves on the Southeastern Wisconsin Advisory Board for Mercy Housing Lakefront, a non-profit organization providing low income and special needs housing and related social services.

She holds MA and JD degrees from Marquette University, and Certificates in CM-BIM and structural engineering.  She is also accredited as a LEED® Green Associate.


EDUCATION

3/95 Certification
Structural Engineering, The Center for Professional Advancement, East Brunswick, New Jersey

3/87 Juris Doctor
Marquette University Law School, Milwaukee, Wisconsin

5/83 Master of Arts
Communication - Marquette University, Milwaukee, Wisconsin

5/81 Bachelor of Science
Theatre Arts - University of Wisconsin, Stevens Point, Wisconsin


PROFESSIONAL AFFILIATIONS & ACTIVITIES

  • International Who’s Who of Construction Lawyers, Named
  • Bar Register of Preeminent Women Lawyers – Martindale-Hubbell, Named
  • American College of Construction Lawyers – Fellow, Member – BIM & Technology Committee
  • 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); Lecturer
  • 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; Contract Documents Committee –Member (1990-present); Chair – Drafting Committee – ConsensusDOCs 200.2 Electronic Communications Protocol Addendum; Lecturer; Co-Chair of BIM Addendum v.2 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 Lecturer – Legal Issues in Architectural Practice and Ethics of Construction Contracting Classes
  • Engineering News Record, Next Generation Leaders Series -Recognized for Construction Legal Services
  • Named - Wisconsin Super Lawyer’s List (2005-2008); Top 25 Women Super Lawyers (2006-08)
  • Member - British Society of Construction Law
  • Who’s Who in American Law; Who’s Who Among American Law Students - Named
  • Martindale-Hubbell’s Bar Register of Preeminent Women Lawyers - Named

LICENCES & ADMISSIONS TO PRACTICE

Licensed State of Wisconsin – 1987

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


SELECTED PUBLICATIONS

  • International Construction Law Journal, "Contract Issues in the Use of ConstructionBuilding Information Modeling (BIM)," Vol. 25, Part 3, 262-71 (July, 2008).
  • ABA Construction Lawyer, "Developing Meaningful Contract Terms for Electronic Communications on Construction Projects," Vol. 29, No. 2, 5-14 (Spring, 2009)
  • Construct, “Construction Project Websites: Dealing with Technology Moving Faster Than the Law,” Vol. 13, No. 2, 20-23 (ABA Litigation Section Construction Litigation Committee, Winter 2004).
  • AGC Contract Document Deskbook, Chapter 10, “Standard Forms Of Agreement Between Design-Builder and Subcontractor - AGC 450, 455, 460 & 465,” Co-Author (Wiley Law Publications, 2003).
  • Partnering: A Practical Guide to Project Success - Co-Author, Editor (ABA Publications, 1999).
  • Design/Build Contracting Formbook, Chapter 12, “Dispute Resolution,” 355-380 (Wiley Law Publications, 1997).

SELECTED SEMINARS

American College of Construction Lawyers, “Custom Contract Modification of AIAand Consensus DOCs Electronic Communications Protocol and Building Information Modeling Addendas,” Jacksonville, FL (February 21, 2009).

State Bar of Wisconsin Annual Meeting, “Building Information Modeling: How Parametric Virtual Design is Changing the Construction Industry,” Madison, WI (May 8, 2009