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Building Better Construction Contracts 2015

Speaker(s): Alison Ashford, Anthony D. Platt, Carol J. Patterson, Clark S. Davis, David J. Hatem, PC, Kimberly A. Hurtado, L. Tyrone Holt, Patrick J. O'Connor, Jr., Patrick M. Miller, Rebecca McWilliams, Robin G. Banks, Stephen Jones, Tim Whisler, Timothy R. Twomey
Recorded on: Dec. 11, 2015
PLI Program #: 57156

Patrick Miller partners with clients to maximize value in executing major projects in the ever-evolving construction industry. Patrick is a co-leader of Faegre Drinker's Chicago team.

Patrick is experienced in public infrastructure, design-build and P3 procurement. He serves on the Design-Build Institute of America’s (DBIA) Legal Committee and is one of few lawyers in the nation approved to teach DBIA’s Contracts and Risk course. He has extensive experience with heavy civil and highway construction, P3 projects, and real estate development.

Patrick also represents clients in construction and real estate litigation, helping resolve disputes in Chicago, Indiana and throughout the country. He has represented clients in change and delay claims, construction defect matters, commercial foreclosure and workout litigation, among other issues.

Patrick graduated from Marquette University Law School and the University of Wisconsin-Madison.

Alison Ashford is a partner in the New York office of Seyfarth Shaw LLP and a member of the firm’s national construction practice.

Ms. Ashford has acted for the full spectrum of stakeholders in large scale public and private infrastructure, and energy, resources and mining projects in the United States and around the world.

She has solid experience in the representation of clients involved in the procurement of public projects, including via public-private partnership, in the sectors of economic infrastructure (rail, aviation, transportation, waste water and desalination projects) and social infrastructure (education, housing and health projects). Key recent achievements include the representation of the design-build joint venture member of the private consortium selected to redevelop the LaGuardia Airport Central Terminal Building in New York and the representation of the design-build joint venture member of the private consortium appointed to develop the James A. Farley Building in New York into the new Moynihan Station.

Ms. Ashford also regularly represents developers (including REITs and joint ventures) and contractors in the drafting and negotiation of project agreements for private commercial, retail, high-rise residential and industrial buildings and facilities. An important recent achievement includes the representation of a large United States-based REIT in the drafting and negotiation of project agreements for the redevelopment of hotel and lodging properties located across the United States and around the globe.

Ms. Ashford represents developers and large contractors within the energy, resources and mining sectors, including on iron ore, gas, methanol, fertilizer, civil and earthworks, manufacturing and pipeline projects. Ms. Ashford also advises investors and developers on renewable energy projects in the United States. A key recent engagement includes representation of the engineering, procurement and construction contractor in the development of the largest fertilizer plant in the United States.

Ms. Ashford is a regular speaker at industry conferences and events in the field of private and public project procurement and has prepared numerous papers and presentations for domestic and international industry publications.

Anthony D. Platt, Esq., is an Associate at Weil & Drage, APC. His practice focuses primarily on the representation of design professionals in a wide array of actions. Anthony has conducted all aspects of litigation, often in complex construction matters, catastrophic personal injury and death claims, delay and cost overrun claims on all types of private and public works projects, including case management, document review/analysis, written discovery, depositions, legal research, motions and briefs, mediation and other ADR, trial preparation, and trial. Anthony has extensive experience drafting and arguing law-and-motion in both California and Nevada, including demurrers, motions to dismiss, motions for summary judgment/summary adjudication, motions in limine, trial briefs, applications for extraordinary writ and appellate briefs. Anthony is also a sought after author for articles.


Whittier College
Bachelor of Arts-Business Administration, 1987

Whittier College School of Law
Juris Doctor, cum laude, 1997
Law Review
Moot Court Honors Board


State Bar of California

State Bar of Nevada

United States District Court, Central District of California


Finally a Certificate of Merit Statute with Teeth (April 2012)

Drafted appellate briefs to Nevada Supreme Court which led to landmark ruling in Terracon Consultants Western, Inc., et al. v. Mandalay Resort Group, et al., extending the economic loss doctrine to design professionals in construction actions (March, 2009)

Risk Management for the Design Professional (2007, presented to multiple design firms and State of Nevada Board of Professional Engineers and Land Surveyors)


The Nevada Chapter of State-By-State Guide to Construction Contracts and Claims (2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015 Supplements, Aspen Publishers) The California Chapter of State-By-State Guide to Construction Contracts and Claims (2012, 2013, 2014 and 2015 Supplement, Aspen Publishers)

Travelers Contract Guide (2008, authored Chapter on Warranties and Guarantees)

Carol J. Patterson is a Senior Partner of Zetlin & De Chiara LLP, advising clients on matters such as dispute resolution, contracts, and risk management strategies. She represents prominent national and international firms in matters relating to the design and construction of major office and residential buildings, performing arts centers, museums, hospitals, educational institutions, transportation facilities and other public buildings. Ms. Patterson regularly counsels owners, developers, engineers, architects, construction managers, contractors and other parties in the construction industry.

Ms. Patterson holds the notable AV rating from Martindale-Hubbell and is consistently recognized by Chambers USA and Super Lawyer Magazine as a leading attorney in construction law. Ms. Patterson is the co-editor of Construction Law, a textbook published by the American Bar Association Forum on the Construction Industry that provides a comprehensive introduction to the construction industry and the laws that govern it. She frequently speaks on various topics relating to the design and construction industries and has lectured at the New York University Real Estate Institute, Columbia University School of Engineering, and Polytechnic University.


  • American College of Construction Lawyers


  • Women of Influence 2013, Real Estate Forum Magazine
  • Chambers USA Leading Lawyer, New York Construction
  • Founder's Award, Association of Real Estate Women
  • Top 50 Women in Real Estate, Association of Real Estate Women
  • Women Real Estate Leaders of the 21st Century, Real Estate Weekly
  • Outstanding Women 2009, Women Builders Council


  • American Bar Association - Chair, Diversity Committee; former
  • Governing Committee Member, Forum on the Construction Industry; former Chair, Publications Committe
  • American Society of Civil Engineers, Metropolitan Section - General Counsel
  • American Institute of Architects, New York City - Affiliate Member
  • Association of Real Estate Women, New York - Past President
  • New York Building Congress
  • Urban Land Institute, New York
  • New York State Bar Association
  • New York City Bar Association


  • Zetlin & De Chiara Attorneys Present CLE Program for the Association of Corporate Counsel
  • Zetlin & De Chiara Participates in the ABA Forum on the Construction Industry Regional Program
  • Speaker, Negotiating the Owner/Architect Agreement, New York State Bar Association, October 2013
  • Speaker, Architectural Law: Architects Fast Track Leadership, AIA NewYork State Convention, September 2013
  • "Public Private Partnerships: New Opportunities for Participation," Women Build America - A National Conference on Construction Opportunities, April 2013
  • "Construction Contracts: Why the Forms are Not Enough," ABA Real Property Trust & Estate Law
  • Moderator - "Design and Delivery Trends of the Future," AIA New York State Convention, September 2012
  • Speaker - "Custom Tailoring for the Construction Contracts of Today and Tomorrow: Why the Forms are No Longer Enough," ABA Section of Real Estate, Trust & Estate Law, May 2012
  • Speaker - "AIA Fast Track Series: Architectural Law," AIA New York, April 2012
  • Moderator - "Bridging the Public Budget Gap: The Promise of P3 Project Delivery," Zetlin & De Chiara LLP, June 2011
  • Speaker - "AIA Fast Track Series: Architectural Law," AIA New York, April 2011
  • Speaker - "Hot Topics in Construction Law," Young Presidents Organization, February 2011
  • Presenter - "Protection of Intellectual Property Rights," American Institute of Architects, August 2010
  • Presenter - "Construction Phase Services: Pitfalls to Avoid," ASCE Metropolitan Section, June 2010
  • Presenter - "Is Your Firm Addressing Green Building Insurability Issues?," Cetra Ruddy, January 2010
  • Presenter - "Construction Law for Leasing Lawyers: The Nuts and Bolts," New York City Bar, June 2009
  • Presenter - "Media Do's, Don'ts and Dangers: When Ethics, Strategies and Survival Appear to Be on a Collision Course," American Bar Association Forum on the Construction Industry, April 2008
  • Moderator - "Managing Risk: Key Insurance Strategies -What Every Owner Should Know" in conjunction with Marsh USA, March 2007
  • Moderator - "Transportation Transformed: Innovations in the Tapestry of Urban Transit," Urban Land Institute New York program, March 2007
  • Presenter - "The Future of Market-Rate Multi-Family Housing, New York," The Institute for Professional and Executive Development, Inc. October 2006
  • Program Co-chair - "Expecting the Unexpected: Anticipating and Managing Key Risks to Successful Construction Projects," American Bar Association, April 2006
  • Moderator - "It's Not Easy Being Green - Great for the Environment; Hard on the Pocketbook?" in the conjunction with the annual conference of the Associated Owners and Developers, June 2005
  • Presenter - "It's Not Easy Being Green - Great for the Environment; Hard on the Pocketbook?" in the conjunction with the annual conference of the Associated Owners and Developers, June 2005
  • Presenter - "Finding the Handle: Perfecting and Proving the Contractor's Claim," American Bar Association Forum on the Construction Industry, January 2003


  • Author -Public-Private Opportunities Knocking, Construction Today, February 2015
  • Co-Author - " Crisis averted: Congress extends Terrorism Risk Insurance Act," Real Estate Weekly, Winter 2015
  • Author - Public Private Partnerships: Opportunity Knocking, Mann Report, January 2014
  • Author - "Diversity in the Long Run: How Forum Members Can Participate in the ACE Mentor Program," The Construction Lawyer, March 2012
  • Author - "Sustainability: Changing Values Create New Business Opportunities for Green Construction," Quarterly Review, Zetlin & DeChiara LLP, 2010
  • Co-Editor - Construction Law, American Bar Association Forum on the Construction Industry, 2009
  • Co-Author - "Representation of Multiple Parties in the Construction Arena: Ethical Issues," The Construction Lawyer, American Bar Association, Forum on the Construction, Fall 2005
  • Author - "Contractual ADR Provisions: The House Always Wins," The Construction Lawyer, American Bar Association, Forum on the Construction Industry, Winter 2004
  • Co-Author - "Joint Defense and Prosecution Agreements," The Construction Lawyer, American Bar Association, Forum on the Construction Industry, Spring 2001


  • "Women in Real Estate," The Commercial Observer, December 11, 2012
  • New York Building Congress Puts the Focus on Industry's Response to Hurricane Sandy at 2012 Industry Recognition Dinner
  • More Developers Opt for Green But Aren't Pursuing LEED
  • "Women First," New York Construction News, November 2007
  • "Interview with Mysore Nagaraja, President of MTA Capital Construction," Real Estate Weekly, August 2007


Construction Law

Commercial Litigation


University of Chicago Law School, J.D.

Columbia University, M.A. International Relations

Bryn Mawr College, B.A.


New York


U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

U.S. Court of Appeals, Second Circuit

Clark S. Davis, FAIA, LEED AP
Principal Consultant

Clark Davis, FAIA joined the Cameron MacAllister team in February 2014 to lead services in strategic positioning, practice management, organizational development, and project delivery.  He brings more than 30 years of leadership experience spanning diverse design and construction services, market sectors, client and project types, and global regions.  He is a licensed architect in several states.
Clark was a senior leader at HOK for more than 24 years, including 12 years as Vice Chairman and a member of the firm’s Executive Committee.  He was Managing Principal of HOK’s headquarters office in St. Louis for 15 years, adding offices in Chicago and Denver to form a broader North Central Region practice.  He was instrumental in building HOK’s global practices in healthcare, science and technology, corporate accounts, justice, aviation, and sustainable design. He was also president of HOK’s Construction Services subsidiary.  

Before joining HOK in 1988, Clark led architectural project management and design operations for Sverdrup Corporation, now part of Jacobs Engineering.
Clark is a Fellow of the American Institute of Architects and a Senior Fellow of the Design Futures Council. He was president of AIA St. Louis and AIA Missouri and on the executive committee of the AIA Large Firm Roundtable. He was a regional Entrepreneur of the Year award winner in 2008 and has served as a national judge and presenter for the national EOY program.  A St. Louis native, Clark has led a number of the region’s major community organizations.  
He holds architecture degrees from the University of Kansas and The University of Michigan. Clark has chaired alumni advisory boards for both institutions.  He has served as the AIA representative on NAAB accreditation teams for architecture programs at Cornell University and the University of Pennsylvania.

Clark is currently leading a major industry study, “Managing Uncertainty and Expectations in Building Design and Construction,” for the AIA Large Firm Roundtable and co-sponsors including AGC, AIA, DBIA, LCI, Autodesk, and Graphisoft.  The research report was published by McGraw Hill Construction in September 2014.

Clark is a frequent speaker to professional firms and industry groups.  His publications and presentations include Affordable Housing Development in St. Louis:  A Guidebook for Community Organizations for AIA St. Louis; “Architectural Services and Compensation” in the AIA Architect’s Handbook of Professional Practice; “Sustainable Environments: A Global Imperative for the 21st Century” for the Niagara Foundation; and “The Value of Design” for the Lean Construction Institute and Construction Users Roundtable.

Ms. Banks focuses her practice in all areas of construction law, from contract drafting and negotiation to pre-litigation dispute resolution and complex construction disputes involving mechanics liens, payment bond claims, and construction defect claims.  She represents clients across the construction spectrum, including design professionals, owners, construction managers, contractors, subcontractors, and suppliers.  In addition to her construction practice, Ms. Banks serves as an associate outside legal counsel to the AIA Contract Documents Committee and has, most recently, been directly involved with developing the 2021 Design Assist and Delegated Design Agreements, the 2021 G702 and G703 for Cost of the Work projects, and collateral materials for the 2019 Construction Manager Documents.

Ms. Banks has authored publications and spoken on topics such as the 2019 construction manager documents and collateral materials, risks of P3’s for design professionals, teaming agreements, contract considerations for design professionals and contractors, understanding the general conditions of a construction contract, innovative design - risks and rewards for the design professional, issues affecting Maryland design professionals, payment bonds and mechanics liens, and construction changes and extras.  

Ms. Banks is a member of the American Bar Association Forum on the Construction Industry, Maryland State Bar Association, and District of Columbia Bar Association, and an Allied Member of the National American Institute of Architects.  She is admitted to practice in Maryland state and federal courts and the District of Columbia.  She received her B.A. degree, with honors, in Economics, from the University of Delaware, Phi Beta Kappa, and her J.D. degree, with honors, from the University of Baltimore School of Law.



PATRICK J. O’CONNOR, JR.  Partner with the international law firm of Faegre Baker Daniels, LLP in its Minneapolis, Minnesota office.  He received his B.A. degree from Hamline University in 1975 and his JD degree from The American University in 1981.  He was law clerk to Miles W. Lord, Chief Judge of the Federal District Court for the District of Minnesota.  Mr. O’Connor’s practice focuses on construction, suretyship and insurance.  He has served as litigation or coverage counsel for contractors, owners, design professionals, and product suppliers in disputes venued in over 25 states and Canada.  He also acts as a mediator, arbitrator and expert witness in construction and insurance disputes.  Mr. O’Connor is co-author of Bruner & O’Connor on Construction Law (West Group 2002), a twelve-volume construction law treatise.  He was an adviser to the American Law Institute’s Restatement of the Law Third, Suretyship and Guaranty.  He works closely with a number of industry organizations on Building Information Modeling and Integrated Project Delivery initiatives.  Mr. O’Connor currently is Co-Chair of the BIMForum’s Legal Subforum.  Since 2007, Mr. O’Connor has counseled the AIA’s Documents Committee in connection with numerous contract forms.  Mr. O’Connor has held LEED AP (New Construction) certification through the U.S. Green Building Council.  He is a Fellow, former member of the Executive Committee, and Past-President of the American College of Construction Lawyers.  Mr. O’Connor is also a former member of the Governing Committee for the ABA Forum on the Construction Industry.  Mr. O’Connor is listed in “The Best Lawyers in America,” “International Who’s Who of Construction Lawyers,” and “Minnesota Super Lawyers.”  (Contact Pat O’Connor at 612-766-7413 or email at

Rebecca McWilliams is both an attorney and architect. She has a passion for working with teams utilizing collaborative building information modeling (BIM), virtual design and construction (VDC), and integrated project delivery (IPD). Rebecca focuses her practice on assisting building owners, design, and construction professionals with legal risk management. She provides custom contract services, BIM Execution Planning for teams, technology-based process consulting, project neutral, expert witness, and insurance advisory services for alternative project delivery methods. As an Autodesk Certified Professional in the Revit Software Suite, she assists with executive process consulting, best practices documentation and support for firms looking to better utilize and implement technology solutions.

Rebecca has extensive hands-on expertise with technology in practice and sustainable design projects. Prior to pursuing her legal career, Rebecca practiced architecture for over ten years, developing hands-on expertise as a Director of BIM for a large Boston A/E firm and Project Architect. Her architectural project experience includes international museum projects, commercial office, schools, religious, and high end residential design. Rebecca also worked as an attorney for a large Boston law firm’s construction and contract law group, providing insurance defense and custom contracts for building professionals.

Now as the CEO of McWilliams Law, Rebecca consults for design and construction firms in the Northeast undergoing efficiency, process and technology changes. Her expertise includes developing custom project standards, cloud-based collaboration solutions, processes and contracts. She has served as a project Information Manager, and provides expertise on BIM & IPD project management, contracts, risk management, and cross-discipline coordination.

At Dodge Data & Analytics, Steve Jones focuses on how emerging economic, practice and technology trends are transforming the global design and construction industry. In addition to hundreds of speaking engagements around the world and numerous articles in industry publications, he authors many of Dodge Data & Analytics’ SmartMarket Reports on key industry trends, which are read by millions worldwide and frequently cited as authoritative references.

Steve holds an MBA from the Wharton School of the University of Pennsylvania, and a BA from The Johns Hopkins University. He has a track record of active leadership in many industry initiatives including the BuildingSMART Alliance, and the TC Chan Center for Building Simulation and Energy Studies. Steve has also been a judge for several BIM Awards.   

Before joining Dodge Data & Analytics, Steve was Vice President of Primavera Systems (now part of Oracle), the global leader in project management software. Prior to that, Steve spent 19 years in creative and management roles with top architectural firms, most recently as a Principal and Board of Directors member with Burt Hill, one of the largest A/E firms in the US (now merged with Stantec).

B.A. 1971 (summa cum laude), Morehouse College; J.D. 1974, Stanford University; M. Theology, 1997 Peace Theological Seminary and College of Philosophy; Member of Phi Beta Kappa National Honor Society, Delta of Georgia Chapter (1971).  Ty has over forty years of experience as a construction and commerical trial lawyer, public finance lawyer, construction transaction attorney, project development and deal structuring attorney.  He also has more than thirty-five  years of experience as a construction mediator and arbitrator.  Ty is listed in the “Red Book” of public finance professionals.  He currently serves as Co-bond Counsel for the City & County of Denver, Colorado and Co-underwriters’ Counsel Park Creek Metropolitan District, Denver, Colorado.

Ty served as the President of the College of Commercial Arbitrators from 2013 to 2014.  He served as a member of the Governing Committee of the ABA Forum on the Construction Industry from 2007 to 2010, and was the Chair of the American Bar Association Forum on the Construction Industry’s Special Projects and Education Committee (SPEC) from 2009 to 2011.  He is a member of the Dean’s Advisory Council of the Stanford Law School; a Life Fellow of the American Bar Foundation; and a member of the American Arbitration Association’s Construction Arbitration Master Panel.  Certified Mediator, International Mediation Institute, [5 star rating review from AAA-ICDR - August 2019].

He currently serves as a Chair or Panel Member of two large, complex construction arbitration panels; and as the single arbitrator in several construction disputes.  Ty mediates approximatley 30-40 constuction disputes a year typically ranging in size from $500,000 to over $20,000,000.

Ty serves as a client advocate in a number of design and/or construction disputes in courts and before arbitration tribunals in various jurisdications throughout the United States.  He is actively engaged in the structuring, negotiating and documenting of design, construction and design-build contract relationships in the construction industry throughout the United States.

CallisonRTKL is an approximately 2,000-person architecture, engineering, planning and interior design firm headquartered in Baltimore, Maryland, with multiple offices both nationally and worldwide. Tim has over thirty-nine years of corporate management, administrative, legal practice and risk management experience, thirty-five of which have been while in-house counsel to The Architects Collaborative, Shepley Bulfinch Richardson and Abbott, RTKL Associates Inc., and now CallisonRTKL Inc.

Tim is a registered architect in numerous jurisdictions and is a member of: the Massachusetts Bar Association; the California Bar Association; the American Bar Association and its Forum Committee on the Construction Industry; He is a Fellow of the American Institute of Architects, where he is a past member and Chair of its Documents Committee, Chair of the Task Group which produced AIA's 2004 Design/Build Documents, a member of the Task Group that produced AIA's A201-2007 General Conditions, and Chair of the Task Group that produced the AIA’s 2008 integrated project delivery documents; the Boston Society of Architects (including a former member of the Board of Directors, former Commissioner of Professional Practice, member of the BSA/AGC Design/Build Task Force, and past member and chair of the BSA’s Ethics Committee); and past member of Design Professional Insurance Companies Architects Advisory Council.

David J. Hatem is a partner in the Boston-based law firm Donovan Hatem LLP. Nationally recognized for his expertise in representing engineers, architects and construction management professionals, David leads the firm’s Professional Practices Group which serves design professionals. David has been practicing law for approximately 40 years and has served as ACEC/MA Counsel since 1988. In recognition of his extraordinary career dedicated to the engineering sector, David received the Engineering Center Education Trust 2016 “Leadership in Professional Practice Legal Services” award and the 2008 ACEC Distinguished Service Award. David teaches Legal Aspects of Engineering at Tufts University and Legal Aspects of Civil Engineering at Northeastern University Graduate School of Engineering. He has authored and edited numerous articles and publications in his field of expertise, including the second edition of Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers, Subsurface Conditions: Risk Management for Design and Construction Management Professionals, Design-Build Subsurface Projects, and Megaprojects: Challenges and Recommended Practices.

KIMBERLY A. HURTADO, CM-BIM, LEED Associate, is the Managing Shareholder of Hurtado Zimmerman SC, Counselors at Law, and an Adjunct Professor of the Frank Lloyd Wright School of Architecture. Ms. Hurtado focuses her practice exclusively in the areas of construction, real property and public finance law, and is named in the International Who’s Who of Construction Lawyers and Martindale-Hubbell’s Bar Register of Preeminent Women Lawyers.  Ms. Hurtado has served on the Governing Committees of the American College of Construction Lawyers and the American Bar Association Construction Forum, and as the Chair of the State Bar of Wisconsin’s Construction & Public Contract Law Section.  She is a Founding Fellow of the Construction Lawyers Society of America.  Ms. Hurtado has participated on the US Army Corps of Engineers Industry BIM Advisory Committee since its inception in 2007 and speaks and writes extensively, both nationally and internationally, about legal issues related to sustainability, BIM technology, and related 3D printing of construction components and structures.

Tim Whisler is Head of Architects & Engineers Professional Liability for the U.S. and Canada at AIG. In this role, Tim is responsible for the profitability and all production related strategies associated with the A&E product line in the U.S. and Canada. Tim has been with AIG since 2005 and is a graduate of Boston University.