News
An article written by Ben Hammond was published by American Institute of Architects, Grand Valley Chapter. The article titled,"SB 77 Restores Two Year Statute of Limitations", discusses Senate Bill 77, which is now known as Public Act 162. This bill addressed a significant change in the law that occurred in 2006 when the Michigan Supreme Court decided Ostroth v Warren Regency.
Public Act 162 now specifically clarifies that an action against a design professional arising from the rendering of professional services is subject to the two year statute of limitations. The new law takes effect January 1, 2012, and will apply to causes of action that accrue after that time.
GRAND RAPIDS, MICHIGAN – November 1, 2011 – Hilger Hammond, PC is pleased to announce that Stephen Hilger and Aileen Leipprandt have been name “Super Lawyers” for 2011 by Super Lawyers magazine. Additionally, Benjamin Hammond has been named a “Rising Star”.
This is Stephen Hilger’s sixth recognition by Super Lawyers. He is engaged in complex commercial litigation with an emphasis on construction law. He has tried many cases in multiple state courts, and has appeared in state courts of appeal, the Michigan Supreme Court, United States District Courts, United States District Courts of Appeal, the United States Supreme Court, and multiple arbitration tribunals across the country.
Aileen Leipprandt practices in the areas of commercial litigation and construction law. She has represented a variety of clients in these areas, including contractors, subcontractors, owners, sureties, manufacturers, governmental agencies, and suppliers. Aileen has been a lecturer and author on many topics involving contract and construction law including Alternative Dispute Resolution, Bidding on Public Works, Public Works Act, MIOSHA Compliance, the Michigan Construction Lien Act, and the Builders Trust Fund Act.
Ben Hammond adds his experience in construction law and litigation to the firm. Ben received his law degree from Michigan State University College of Law and represents owners, design professionals, general contractors, subcontractors, suppliers and others related to the construction industry in matters ranging from contract review to mediation, arbitration and litigation. Ben is a frequent author and lecturer on construction law related topics.
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The magazine names exceptional attorneys annually in all 50 states and Washington, D.C. Super Lawyers uses a rigorous selection process that begins with peer nomination. Once an attorney has been nominated they are then evaluated on 12 indicators of peer recognition and professional achievement through a third-party researcher.
The program will review the structure of the Michigan Construction Lien and Public Bond Acts, and will provide a practical roadmap of the notices andrequirements which control the lien and bond enforcement process in Michigan.
You will learn about time sensitive filings, the forms to use, andhow to avoid common pitfalls. The goal of the program is to give you aworking understanding of how to integrate the lien and bond notices into your project administration and how to ensure that your liens and bond notices are timely filed.
The program will also cover priority disputes between lendersand lien claimants, contractual clauses that can impact lien enforcement, areview of lien and bond enforcement litigation, and a discussion of how an owner or contractor bankruptcy can impact lien or bond enforcement. This Program will provide you with an understanding of how lien and bond claims can assist you in receiving payment for your services and materials. The program is designed for anyone in the construction industry.
Presenter Stephen Hilger is engaged in complex commercial litigation with an emphasis on construction law. He has tried many cases inmultiple state courts, and has appeared in state courts of appeal, the Michigan Supreme Court, U.S. District Courts, U.SDistrict Courts of Appeal, and multiple arbitration tribunals acrossthe country. Steve is also involved in construction industry contract preparation and review. In addition, he is routinely involved in negotiation of transactions and agreements, as well as pre and post litigation mediation. The remainder of Steve's practice involves in depth participation and the making of recommendations for business decisions and business strategies, as well as assisting in regulatory compliance and promoting and developing best practices.
To register, go to the Business Credit Management Association website.
Original published in Rapid Growth Innovation and Job News
By Deborah Johnson Wood, Development News Editor
After experiencing considerable growth in the last three years, law firm Hilger Hammond decided it was time to expand its offices into the full 2,700-square-foot second floor of the Minhaar Building in downtown Grand Rapids.
Hilger Hammond partner and founder Steve Hilger says the company has grown from a one-person shop in 2008 to seven people this year, including four attorneys. The firm seeks to add an accountant in 2012. Hilger says it's important to hire a person with skills, but more important to get the right personality fit.
"Whoever we hire needs to be able to fit within our environment because we have a cohesive team environment," Hilger says. "We want people who get along with everybody and contribute to the team. We don't have many defined roles. I might argue in the Supreme Court in the morning and take the garbage out in the afternoon."
Hilger Hammond purchased the second floor of the building at 49 Monroe Center NW where it had already occupied a suite. The renovation resulted in what Hilger calls a "high cool factor" created by accenting the loft space and its high ceilings with light-hued woods and an emphasis on lighting.
"There are some very cool things happening around here -- the UICA building near us, the whole entertainment district on Ionia with HopCat and others," Hilger says. "Cooley Law on Commerce Avenue has completely redeveloped and changed that neighborhood. I've been here 22 years and watched the city change from semi-blighted and blighted to what it is now. We're committed to staying here and being part of the community."
Source: Steve Hilger, Hilger Hammond
Writer: Deborah Johnson Wood, Development News Editor
An article by Hilger Hammond attorney Mark Rysberg, was published in the September 2011 issue of Michigan Banker. The article, titled "Whose Money Is It Anyway - Avoiding Hidden Liability When Lending to Contractors", discusses risks for lenders when lending to the construction industry.
Rysberg practices in the areas of commercial litigation with an emphasis on serving the construction, real estate, and business industries. Having worked in the commercial construction and real estate industries for over ten years before practicing law gives Mark added insight into how to work with his clients as a business advisor and legal advocate.
Attorney Aileen Leipprandt was elected to the Board of Directors of the Grand Rapids Chapter of the National Association of Women in Construction. (NAWIC)
NAWIC’s core purpose is “To enhance the success of women in the construction industry” and, thus, advance the causes of all women in construction, from tradeswomen to business owners.
Ben Hammond of Hilger Hammond, PC, and Mike Poggi of Pinnacle Insurance Partners, will present "Casualty Insurance - Beyond Basics" at the General Membership Meeting of the Western Michigan Chapter of the Construction Financial Management Association, scheduled for January 26, 2012.
The meeting will be held at Stonewater Country Club located at 7177 Kalamazoo Avenue in Caledonia, Michigan. Registration begins at 11:30 a.m.
November 9, 2011 – San Diego, CA—Stephen A. Hilger, Construction Law Attorney, to speak about Integrated Project Delivery (IPD) at the IRMI Construction Risk Conference in San Diego, CA, November 13 -17, 2011.
Integrated Project Delivery, or “IPD”, is an attempt at solving the age-old problem of picking the right players who can function together as a team to deliver a quality construction project. However, IPD presents some very interesting contract and legal issues for the construction and insurance community.
Hilger’s presentation will provide a basic overview of IPD, including how it is structured, how the project risks differ from other project delivery methods, and the legal ramifications and obligations associated with an IPD contract.
Get more information and register for this conference at: http://www.irmi.com/conferences/crc/speakers/hilger.aspx
About Hilger Hammond, PC
Hilger Hammond, P.C. is located in Grand Rapids, Michigan and focuses on complex commercial litigation with an emphasis on construction law.
On September 14, 2011, Hilger Hammond will present “I Didn’t Sign a Contract…Now What?” during the general membership meeting of the American Subcontractors Association of Michigan (ASAM).
General membership meetings are held at 7:00 a.m. at the Pinnacle Center, 3330 Highland Drive, Hudsonville, Michigan. Members and prospective members are welcome.
Rachel Hammond, Special Projects Coordinator for Hilger Hammond, recently published an article in the Building Profits Magazine. The article, “Sustaining Employee Engagement: Racing Toward the Future” , discusses ways to engage employees, which can lead to higher sales, productivity and retention.
Hammond leads research and implementation of marketing, process improvement, and client relations with Hilger Hammond, PC.
Stephen A. Hilger, Construction Law Attorney, to speak about Integrated Project Delivery (IPD) at the IRMI Construction Risk Conference in SanDiego, CA, November 13 -17, 2011.
Integrated Project Delivery, or “IPD”, is an attempt at solving the age-old problem of picking the right players who can function together as a team to deliver a quality construction project. However, IPD presents some very interesting contract and legal issues for the construction and insurance community.
Hilger’s presentation will provide a basic overview of IPD, including how it is structured, how the project risks differ from other project delivery methods, and the legal ramifications and obligations associated with an IPD contract.
Get more information and register for this conference at: http://www.irmi.com/conferences/crc/default.aspx
Benjamin Hammond, of Hilger Hammond, PC, has been elected as a member of the Board of Directors of the American Subcontractors Association of Michigan.
A significant portion of Hammond’s practice concerns construction law where he is routinely engaged in complex litigation. His clients are representative of all parties involved in construction, from owners, to design professionals, to general contractors, subcontractors and suppliers. The remainder of Hammond’s practice involves commercial and residential real estate transactions, corporate and business law, and commercial litigation.
The American Subcontractors Association of Michigan (ASAM) provides services and benefits to subcontractors, suppliers and service providers that help their businesses become more successful.
Friday, May 27, 2011
11:30 a.m. - 1:30 p.m.
FSU/GRCC Applied Technology Center, Room 130
151 Fountain Street, Grand Rapids, MI 49503
During the May 27th Lunch and Learn program, Ben Hammond will present on “Top Ten Legal Issues Facing Design Professionals" and will cover the following: Licensing concerns, key contract provisions, contract forms, statute of limitations and statute of repose, bid protests, non-payment issues, LEED, BIM, shop drawings, IPD, insurance.
Grand Rapids Chapter of CSI
Builders Exchange of Michigan
West Michigan Design & Construction Expo
Thursday, April 21, 2011
Evaluating The Rights, Wrongs and Responsibilities in Construction Competitive Bidding
As in most businesses, in the construction industry, details matter. In times like these, more scrutiny than ever is given to the private and public bidding process, a process generally fraught with last minute number crunching and hurried analysis. During this interactive seminar, design professionals, construction managers, general contractors and subcontractors will learn about their potential liability in light of new Michigan case law regarding the competitive bid process and assessment of “responsible bidder.” Participants will gain a better understanding of the rights of disappointed bidders in Michigan, what a responsive bid is or is not, how material omissions may affect a bid, how to handle bid mistakes, potential liability for interference with the bidding process, bid evaluations in a world of “best value” contracting, and the fundamental tenets of a bid protest.
April 13, 2011
Hilger Hammond will be feature presenters during NAWIC's Construction Appreciation Night. The presentation will include a variety of construction topics.
Avoid the Road Bumps When Working out of State
Presented by the West Michigan Chapter of the Construction Financial Management Association
Topics to be discussed:
- Liens
- Licensing
- Taxes
- Employment issues and more
Speakers:
- (Attorney) Steve Hilger of Hilger & Hammond
- (CPA) Dallas Packer of Crowe Horwath
- (Contractor) Dan DeJager of DeJager Construction
Who should attend?
- Company Executives, Accounting staff, Project Manager
Cost:
- $25.00 per attendee (Continental Breakfast provided)
Location:
- Pinnacle Center
Tentative Schedule:
Registration 7:30 – 8:00 AM
Seminar 8:00 – 11:00 AM
Originally printed at Mlive.com
Firm: Hilger Hammond, Grand Rapids
Title: Attorney
Education: University of Florida, bachelor’s degree in chemistry, 1979; Case Western Reserve University College of Law, J.D. 1982
Years in law: 28
Specialty: Construction law and complex commercial litigation
Stephen Hilger is dedicated to serving clients in construction — a hard-hit industry currently facing unique challenges.
Hilger is co-chair of the Legal Advisory Committee of the Michigan chapter of the Associated General Contractors and is an active board member of the Associated Subcontractors of America. In 2008, after 17 years with a large firm, he started his own firm, which specializes in construction law.
What made you want to practice law?
Before and during college, I was absolutely convinced that I was going to be a doctor. … After taking the MCATs and after getting past the first level of admissions procedures, I decided for a variety of reasons that I did not want to become a doctor.
I then rekindled an interest in the practice of law primarily because of a family lineage involving many very successful lawyers. My grandfather was a famous criminal defense lawyer in Germany whose claim to fame arose when he defeated the Third Reich in various war crime allegations against the defendants he represented, which rewarded him with a year-and-a-half stay in jail.
The law has always interested me, and it provides an opportunity for continuous academic stimulus.
Why did you choose your particular specialty?
Coming through law school, I first anticipated working in a combined area of law and medicine, and even entertained getting both degrees. However, as a law clerk in Cleveland, I had the opportunity to work on some tax litigation involving George Steinbrenner and the New York Yankees. The whole process of commercial litigation fascinated me.
In 1982, within the first week of practicing law, the senior partner dropped a file on my desk that dealt with collecting an unpaid contract amount in the multiple millions for the construction of the Epcot Center in Orlando. I had the dubious honor of informing the client that his lien rights had expired and he no longer would be able to perfect the lien against Epcot.
The client appreciated the honesty and then gave me another large case involving a hospital renovation project in Winter Haven, Fla. I ended up taking that case through trial and prevailing. He then gave me a number of other cases, as did other clients. The construction practice then started to grow significantly.
What is the biggest challenge for your profession?
The biggest challenge I see for the legal profession is providing value to clients. It is important for a lawyer to understand, at least in a business context, that they are essentially a business consultant who really needs to provide advice to their clients that provides a value added result in the client’s business. Many lawyers lose sight of that fact.
Lawyers also need innovation; that is the ability to see things in a new or creative way. Many lawyers get stuck on solving problems the same way they have for many years, which prevents them from changing with the times. Lawyers also need to focus on becoming better communicators. …
Specifically with respect to construction law, the biggest challenge in today’s market is helping clients make the right decisions in order to stay in business in this down economy.
What is the biggest opportunity?
The biggest opportunity for lawyers is to become a major player in any given industry. There is a lot of opportunity to participate in the organizations of their choice and to give back to some degree to the community. Too many lawyers do not give back or only participate to a small degree. Becoming a player is about developing relationships, which can only occur if the lawyer is willing to make a commitment. …
Another opportunity is the flexibility to do other things in life besides the practice of law. The construction law and complex commercial litigation practice has provided personal satisfaction to me because it gives me the opportunity to meet many different people in many different walks of life, and it also provides me an outlet for the academic stimulus I need.
What is the best advice you have ever given a client?
It seems as though some of the best advice I have given is when a client should not file a lawsuit or not engage in certain activities that they are intending. I have spent a great deal of my professional life working on ADR and resolution procedures that may be slightly different than the norm in an effort to stave off the high cost of litigation.
|
Date: Thursday, February 10, 2011 Time: 6:00 p.m. - Social 6:30 p.m. - Program Cost: Free for CSI GR Members; $15 for Non-Members Place: The Pinnacle Center, Hudsonville, MI Register by Thursday, February 4, 2011, via: - E-mail to ptdejong_csi@yahoo.com
|
Ben Hammond will speak at the American Institute of Architects, Grand Valley Chapter, February 10, 2011, giving an overview of Consensus Documents. 
GRAND RAPIDS, Mich., January 14, 2011 – Hilger Hammond, PC is pleased to announce that Mark Rysberg joins Hilger Hammond, PC as an Associate. Rysberg is a graduate of Cooley Law School, graduating Cum Laude, and holds a BS degree in Building Construction Management from Michigan State University.
Prior to law school, Rysberg was the director of Four Points Development, Inc. where he was involved in overseeing and managing construction and real estate development projects as part of a closely-held investment group. Rysberg was also managing partner of Rysberg Holdings, LLC, a real estate development company focusing on the acquisition, construction and development of multi-family properties. Rysberg currently holds a Michigan Builders License.
“Mark is and will be a continuing asset to Hilger Hammond. He brings with him a broad range of experience in construction as a result of over ten years in the real estate development and contracting industry,” says attorney Stephen Hilger.
Topics Hilger presented included payment and performance bonds, bid bonds, warranty bonds, lien transfer bonds and indemnity obligations.
Topics include: Liens, Licensing, Taxes, Employment issues and more.
Also presenting are Dallas Packer of Crowe Horwath and Dan De Janger of DeJager Construction.
In its November 8, 2010 edition, Michigan Lawyers Weekly featured Stephen Hilger in the column entitled "On The Stand". Reporter Douglas J. Levy reports on Hilger's law practice and wide array of interests outside of the practice, including his work as a landscape photographer, his talants as lead singer and rhythm guitarist for The Steve Hilger Band, and his archery skills which landed him a role in the "The Weather Man" with Nicholas Cage.
The full article is available at www.milawyersweekly.com.
Though battered by an unprecedented economic downturn, the construction industry nonetheless continues to see emerging legal issues presented by Integrated Project Delivery, a collaborative-based project delivery model, and Building Information Modeling, a process of electronically modeling nearly all aspects of a construction project. Stephen Hilger and Aileen Leipprandt co-presented on these issues at the educational meeting of the Central Arizona Society for Healthcare Engineering on September 14, 2010 in Phoenix, Arizona to 100+ engineers, construction professionals and facility managers. 
Hilger discussed the potential benefits and hurdles presented by various levels of collaborative based project delivery including the challenges in allocating risk, contract drafting considerations, and an analysis of the standard construction industry form contracts developed to address IPD , such as ConsensusDOCS 300 and AIA 2008 IPD contracts -- C195, C196, and C197. 
Leipprandt outlined liability exposure presented through use of Building Information Modeling, the impact of BIM upon a construction professional’s standard of care, and standard construction industry form documents, such as the ConsensusDOCSs 301 (BIM Addendum) and AIA E202 (BIM Protocol).
Construction Legal Issues Related to LEED
**Learn about LEED certification challenges, potential decertification, the latest claims, impacted contract clauses, state and federal tax incentives/credits, insurance ramifications and more on Friday, October 29, 2010 from 9-11 a.m., at the AGC of Michigan.
*Background, Michigan Projects Pursuing LEED, Contractor Input
Moderator Paul Jacob, The Christman Company, Lansing
*Standard Construction Clauses Affected by Green Building, Standard of Care Issues, Consensus DOCS
Aileen Leipprandt, Hilger Hammond, Grand Rapids
*Federal and State Tax Incentive/Credits and Legislative Update
Angie Acosta, Grant Thornton, Southfield
*Insurance Issues and Best Practices
John Hurley, Marsh USA
Additional information about this informative session and registration can be accessed here.
**Hilger Hammond, PC is pleased to announce that Stephen Hilger and Aileen Leipprandt have been named “Super Lawyers” for 2010 by Super Lawyers magazine. Additionally, Benjamin Hammond has been named a ‘Rising Star’.
This is Stephen Hilger’s fifth recognition by Super Lawyers. He is engaged in complex commercial litigation with an emphasis on construction law.
Aileen Leipprandt practices in the areas of commercial litigation and construction law. She has represented a variety of clients in these areas, including contractors, subcontractors, owners, sureties, manufacturers, governmental agencies, and suppliers.
Ben Hammond adds his experience in construction law and litigation to the firm. Ben is a frequent author and lecturer on construction-law-related topics.
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The magazine names exceptional attorneys annually in all 50 states and Washington, D.C.
By Stephen A. Hilger - Published by Engineering Record News at ENR.com
Almost every article or discussion dealing with the legal aspects of integrated-project-delivery contracts raises the notion that IPD contracts have not been tested in court and that this untested status elevates the legal risk to the IPD participants. While it is true that, as of this date, there is little, if any, case authority dealing with the legal merits of IPD contracts, that does not tell the whole story.
The first challenge to this idea is determining whether IPD contracts really are new. Those of us who were around in the early 1980s will remember the “partnering” agreements that, along with other contract documents, were circulating and will recognize some of the “fluff” language inserted in IPD contracts in an obvious effort to engender a spirit of cooperation.
The language is really not all that new, but the same enforceability issues prevail. What is new about IPD contracts is that they have emerged with BIM technology. New technology, by itself, is not reason enough to avoid a project delivery method. New isn’t necessarily bad.
Contracts that are new and untested give most of the legal community a stomach ache because there are no legal authorities or precedents to provide assurances as to legal risk assessment. However, the lack of judicial precedent on a particular subject matter will give a skilled and savvy attorney a clear slate to educate the judicial community on what the language means or should mean.
Further, even though there may not be a long line of cases that lawyers can read to find the meaning of specific clauses in IPD contracts, we are dealing with contract law, and we have well over 100 years of well-defined rules of contract interpretation to guide us. While there may not be a lot of judicial history on IPD contracts, this may turn the unwary away but also may create opportunity for innovative thinkers. I do not believe the uncertainties are enough of a reason to avoid IPD contracts.
It is often said that the players in an IPD contract will be assuming risk they are not accustomed to undertaking. Yet any contractor or subcontractor who never has signed a design-build contract before does the same thing—and so does a designer who, generally, never has assumed any role in means and methods before.
