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

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

RECENT PUBLICATIONS

ABA Construction Lawyer, “Florida Law Requires Inspections in Wake of Surfside Collapse,” (Volume 42, Number 2, 2023)
Wisconsin’s Construction and Public Contract Law Section Blog, “Biden Mandates Project Labor Agreements on Large-Scale Federal Construction Projects” (July 29, 2022). https://www.americanbar.org/content/dam/aba/publications/construction_lawyer/construction-lawyervol-42-no2.pdf
ABA Construction Lawyer, “Construction Bills: Recent changes to Construction Laws” (Volume 42, Number 1, 2022)
ABA Construction Lawyer, “Construction Bills: Recent changes to Construction Laws” (Volume 41, Number 4, 2022)
ABA Construction Lawyer, “Construction Bills: Recent changes to Construction Laws” (Volume 41, Number 3, 2021)
ABA Construction Lawyer, “Construction Bills: Recent changes to Construction Laws” (Summer 2021)
Wisconsin’s Construction and Public Contract Law Section Blog, “Construction Material Price Increases: Options for Contractual Risk Shifting” (July 27, 2021)
ABA Construction Lawyer, “DOL Proposes Change to White-Collar Overtime Exemption (Summer 2019)
ABA Construction Lawyer, “California Law Limits Independent Contractor Classification in the Gig Economy” (Fall 2019)
ABA Construction Lawyer, “The General Data Protection Regulation Presents New Challenges for Construction Firms Serving the European Union” (Fall 2018)
The Daily Reporter, “In construction, be careful what you contract for” (Mar. 15, 2019)
American Bar Association Forum on Construction Law, “Construction Bills: Recent Changes to Construction Law”, Co-Contributing Editor
ABA Construction Lawyer, “Revisions and Interpretation of State Statutes of Repose” (Summer 2018)
ABA Construction Lawyer, “2018: This is Happening, People: California Requires General Contractors to Pay Subcontractors Unpaid Wages” (Spring 2018)
ABA Construction Lawyer, “OHSA’s Crystalline Silica Rule Takes Effect” (Winter 2018)
ABA Construction Lawyer, “A Condo Attitude: Colorado and Minnesota Amend Requirements for Condo Defect Litigation” (Fall 2017)
ABA Construction Lawyer, “Goodbye to “Fair Play and Safe Workplaces”” (Summer 2017)
ABA Construction Lawyer, “Trump Administration Infrastructure Revitalization Package” (Spring 2017)
ABA Construction Lawyer, “SBA Implements National Defense Authorization Act of 2013 Affecting Set-Aside Contracts” (Winter 2017)
ABA Construction Lawyer, “Droning On” (New Drone Legislation) (Fall 2016)
ABA Construction Lawyer, “State Prevailing Wage Law Repeals: Reigniting Old Conflicts” (Summer 2016)
ABA Construction Lawyer, “The FAST Act: A Federal Long-Term Surface Transportation Law Ten Years in the Making” (Spring 2016)
ABA Construction Lawyer, “Resurgence of False Claims Acts at Federal and State Levels” (Winter 2016)
ABA Construction Lawyer, “Changes to Limitation on Subcontractor for Small Business Set-Asides” (Fall 2015)
ABA Construction Lawyer, “Obama Administration’s Active Interest in Government Contracting Regulations” (Spring 2015)
ABA Construction Lawyer, “New Veteran and Disabled Individual Affirmative Action Requirements for Federal Contractors” (Fall 2014)
ABA Construction Lawyer, “Maryland Individual Surety Law Set to Subset in 2014” (Summer 2014)
ABA Construction Lawyer, “Design-Build Continues Its Advance into Public Contracts” (Spring 2014)
ABA Construction Lawyer, “Amendments to California, Michigan, Washington, and Minnesota Anti-Indemnity Laws Represent Expansion and Refinement of Indemnity Restrictions” (Winter 2014)
ABA Construction Lawyer, “Moving Ahead With MAP-21” (Summer 2013)
American Bar Association Forum on Construction Law, for the 2018 Annual Program of the ABA Forum on Construction Law, “Know Something that Nobody Else Knows – The Economics of Construction” (April 2018)
Construction Law Wisconsin Law Journal/Daily Reporter “Construction Law” publication, Featured Profile (July, 2013)
Wisconsin Law Journal/Daily Reporter “Construction Law” publication, Kalahari Lawsuit Offers Defect Lessons (July, 2012)
The Wisconsin Builders Association’s Builder Buzz Blog, “Wisconsin Construction Warranties and Limits on Liability” (April 17, 2012)
The Wisconsin Builders Association’s Builder Buzz Blog, “Right to Cure Law: Use It or Lose It” (August 29, 2011)
The Wisconsin Builders Association’s Builder Buzz Blog, “Theft by Contractor: Avoiding the Pitfalls” (February 17, 2011)

SEMINARS

Quit Getting Screwed Podcast- Wisconsin Lien Law, Episode 43: Learn Your Liens, Wisconsin! – Cromeens Law Firm (thecromeenslawfirm.com)
“Ethics: Legal and Ethical Issues with Defects and Failures,” Structural Engineers Association of Wisconsin, Pewaukee, WI, (May 11, 2023).
“Handling Ethical Issues in Professional Engineering Practice,” Engineering Law and Ethics 2019, Halfmoon Education Inc., Madison, WI (October 26, 2022).
“Complying with Rules of Professional Conduct and Handling Ethical Issues in Professional Engineering Practice,” Engineering Law and Ethics 2022, Halfmoon Education Inc., Madison, WI (October 26, 2022).
“Preventing and Resolving Disputes Generated By Defects and Failures,” Engineering Law and Ethics 2022, Halfmoon Education Inc., Madison, WI (August 25, 2022).
“Complying with Rules of Professional Conduct and Handling Ethical Issues in Professional Engineering Practice,” Engineering Law and Ethics 2019, Halfmoon Education Inc., Madison, WI (October 2, 2019).
“Subcontractor Clauses that Will Improve Your Profitability,” AGC of Greater Milwaukee, Milwaukee, WI (September 24, 2019).
2018 Annual Meeting of the Forum on Construction Law, “Know Something That Nobody Else Knows – The Economics of Construction”, Moderator for panel with Karen P. Layng and Stan Simmons, New Orleans, LA (April 2018)
Halfmoon Education, Inc., Managing Engineering Liability and Ethics Issues, “Understanding How Contracts Can Reduce (or Increase) Risk” (March 2017)
Indiana Bar Association, Big 10 Construction & Surety Law CLE, “Wisconsin Construction-Related Legal Issues”, Indianapolis (March 2016)
Instructor for the AGC of Greater Milwaukee, “Supervisory Training Program, Unit 4 Contract Documents” (2015)
AGC of Greater Milwaukee, “Wisconsin Construction Liens on Private Projects” (April 2014)
AGC of Greater Milwaukee, “Wisconsin Construction Liens on Private Projects” (April 2012)
Remodel Power Conference, “Wisconsin Remodeling Laws Metropolitan Builders Association” (September 2012)
Fond du Lac Builders Association, “Construction Lien Foreclosure on Privately Owned Property in Wisconsin” (January 2011)