Stephen A. Hilger

Education

University of Florida

Bachelor of Science 

Gainesville, FL

Case Western Reserve University

College of Law

J.D. 

Cleveland, OH

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Bar Admissions

• Michigan
• Florida

Court Admissions

• U.S. District Court, Eastern and Western District of Michigan
• U.S. District Court, Middle District of Florida
• U.S. District Court, Eastern District of Wisconsin
• 6th Circuit Court of Appeals
• U.S. Court of Claims
• Supreme Court of the United States
• American Arbitration Association Panel of Arbitrators – Large Complex Case Panel
• Mediator, U.S. District Court – Western District of Michigan’s Voluntary Facilitative Mediation Program

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Teaching Experience

• Cooley Law School, Adjunct Professor of Law
• Case Western Reserve University College of Law
• University of Florida, Gainesville, FL
• University of Central Florida, Orlando, FL

• Associated Builders and Contractors, West Michigan Chapter, Former Board Member (2013-2018)
• Associated General Contractors, Michigan Chapter, Legal Advisory Committee – Former Co-chair
• American Subcontractors Association, Charter Board Member (2005 – 2011)
• Construction Financial Management Association
• Construction Lawyers Society of America, Trial Law Institute Member, Diversity Law Institute Member

• Super Lawyer 2006 – Present; 15-Year Milestone, Super Lawyer, 2020
• America’s Top 100 Bet-the-Company Litigators, 2021
• Fellow, Construction Lawyers Society of America
• Construction Dispute Resolution Specialist
• 40-Hour SCAO Approved General Civil Mediation Training
• Michigan Lawyers Weekly Leader in the Law, 2014
• Thought Leader in the Law, West Michigan Business Review, 2011
• The Best Lawyers in America, Construction and Litigation, 2007-Present
• The Fellows of the Michigan State Bar
• AV rated Preeminent Attorney, Martindale & Hubbell

Published Decisions

• Lighthouse Place Development, L.L.C. v. Moorings Association, et al, 485 Mich 1120 (Mich 2010)
• Lighthouse Place Development, L.L.C. v. Moorings Association, et al, 2009 WL 1139260 (Mich. App. 2009)
• 84 Lumber Company, LP v. Pagel & Frey, L.L.C., et al, 2007 WL 1228629 (2007)
• Wentworth v. State of Florida, Department of Environmental Protection, 771 So.2d 1279, (4th DCA 2000)
• Hilliard v. Shell Western E & P Inc., U.S. App LEXIS 22736 (1998)
• Fournier Furniture v. Waltz Holst Blow Pipe Co., 980 F. Supp 187 (U.S.D.Ct., W.D.Va. 1997)
• The Travelers Insurance Company v. Jacob C. Mol, Inc., et al 898 F. Supp. 528 (U.S. D.Ct., W.D.Mi. 1995)
• Central Constructors, Inc., and Seaboard Surety Company v. The Spectrum Contracting Co., et al., 621 So. 2d 526 (Fla. 4th DCA 1993)
• Hold and Hooker, Inc., v. DRW Property Co. 74 LTD., etc., et al, 565 So. 2d 898 (Fla. 5th DCA 1990)
• In re Continental Country Club, Inc., Hill, etc. v. Southeast Bank, N.A., 108 B.R. 327 (Bkrtcy. M.D.Fla. 1989) (reversed 1991)
• Barcelona West Investor’s Ltd. v. Hold & Hooker, Inc., etc., et al, 545 So.2d 342 (Fla. 5th DCA 1989)
• The City of Winter Park, Florida v. Southern States Utilities, Inc., 540 So.2d 178 (Fla. 5th DCA 1989)
• State Federal Savings and Loan Association v. W. M. Campbel, 848 F.2d 1186 (11th Cir. 1988)
• In re Hunter, Southeast Bank, N,A. v. Hunter, 83 B.R. 803 (Bkrtcy. M.D.Fla. 1988)
• Dependable Life Insurance Company v. Harris, 510 So.2d 985 (Fla. 5th DCA 1987)
• D.R.L., Inc. v. Murphy, 508 So.2d 413 (Fla. 5th DCA 1987), 518 So.2d 1277(Fla. 1987)
• Bellochi v. Andrews, 505 So.2d 506 (Fla. 5th DCA 1987), 511 So.2d 998(Fla. 1987)
• Mullins v. Harrel, 490 So.2d 1338 (Fla. 5th DCA 1986)
• I.C. Industries v. I.C. Industries, 595 F. Supp. 340 (D.C.Fla. 1983)

Publications

• “12 Tips on Winning the Price Escalation Game”; Hilger Hammond Construction Law Blog, April 2021
• “7 Construction Contract Clauses to Minimize COVID-Related Risk”; Hilger Hammond Construction Law Blog, April 2021
• “Moving Your Case Forward with Arbitration and Special Masters”; Hilger Hammond Construction Law Blog, March 2021
• “Revisions to Indiana’s Anti-Indemnity Statute Impacts Architects, Engineers, and Design Builders”; Hilger Hammond Construction Law Blog, July 2019
• “Up in Smoke: Michigan Marijuana Law and its Applicability to the Construction Industry”; Hilger Hammond Construction Law Blog, June 2019
• “A Rocky Road Ahead for Design Professionals”; Hilger Hammond Construction Law Blog, February 2019
• “Will There Be Discovery in Arbitration?”; Hilger Hammond Construction Law Blog, August 2018
• “Changes to the 2017 AIA A201 General Conditions: Section 1.6.1 and 1.6.2 Regarding Notice”; Hilger Hammond Construction Law Blog, August 2018
• “What Rules Govern Your Arbitration?”; Hilger Hammond Construction Law Blog, August 2018
• “How to Choose an Arbitrator”; Hilger Hammond Construction Law Blog, July 2018
• “The Michigan Supreme Court Moves Forward on Prevailing Wage Repeal”; Hilger Hammond Construction Law Blog, June 2018
• “Changes to the 2017 AIA A201 General Conditions: Part 1: Section 1.1.8 – Initial Decision Maker”; Hilger Hammond Construction Law Blog, May 2018
• “Changes to the 2017 AIA A201 General Conditions: Invalidity”; Hilger Hammond Construction Law Blog, March 2018
• “How Many Arbitrators Should You Request?”; Hilger Hammond Construction Law Blog, March 2018
• “Should You Use AAA, Private Arbitration, or Some Other Vehicle?”; Hilger Hammond Construction Law Blog, March 2018
• “The Enforceability of Prehearing Arbitration Subpoenas”; Hilger Hammond Construction Law Blog, January 2018
• “Should You Make Meetings of CEOs a Condition to Arbitration?”; Hilger Hammond Construction Law Blog, December 2017
• “Changes to the 2017 AIA A201 General Conditions: Section 1.1.8 On Initial Decision Maker”; Hilger Hammond Construction Law Blog, October 2017
• “Language You Need for an Enforceable Arbitration Clause”; Hilger Hammond Construction Law Blog, August 2017
• “Construction Disputes: Arbitration or Litigation?”; Hilger Hammond Construction Law Blog, August 2017
• “Significant Changes to Michigan Indemnity Law”; Hilger Hammond Construction Law Blog, February 2013
• “The Legislature Jump-Starts Housing Development”; Hilger Hammond Construction Law Blog, January 2013
• “The Legal Worries Raised by IPD”; Engineering News Record, September 2010
• “International Risk Management Institute 2010”; Hilger Hammond Construction Law Blog, November 2010
• “Construction Defects, Mold Litigation and the Rise of Substandard Drywall Claims: Chapter XXII”; – A Contractor’s Guide to Michigan Construction Law, AGC of Michigan, 2009
• “The Design-Build Relationship”; Chapter XIV, A Contractor’s Guide to Michigan Construction Law, AGC of Michigan, 2009
• “Building Information Modeling (BIM): A Basic Primer: Chapter XX”; A Contractor’s Guide to Michigan Construction Law, AGC of Michigan, 2009
• “Recent Perils in the Construction Industry”; Business Update Publication, July 2007
• “Sick Buildings Need More Than Two Aspirins”; Business Direct Weekly, June 2004
• “Mold Litigation Can Be a Sticky Issue in Michigan”; West Michigan Commercial Quarterly, February 2004
• “A Boon for Contractors: The Narrowing of AD”; Walls & Ceilings, September 1999
• “Even the Construction Arena Can Fall Prey to the Y2K Bug”; Walls & Ceilings, June 1999
• “Pay-When-Paid Clauses: A Contractors Defense”; (reprinted with permission) Walls & Ceilings, January 1999
• “The Perils of Partnering”; (reprinted with permission) Roofing Contractor Colossal, Vol. 18, No. 10, Michigan Defense Quarterly, Summer 1998
• “Disabilities and Design Responsibilities”; Walls & Ceilings, July 1998
• “The Perils of Partnering”; Walls & Ceilings, April 1998
• “Construction in the Year 2058”; Walls & Ceilings, January 1998
• “Dealing with Construction Site Deaths”; Walls & Ceilings, November 1997
• “Design-Build Construction Considerations”; Walls & Ceilings, October 1997
• “Preparing Yourself for Inclement Weather”; Walls & Ceilings, July 1997
• “Arbitration in Construction Litigation”; Walls & Ceilings, May 1997
• “An Insurance Primer for Construction Companies”; Walls & Ceilings, March 1997
• “Indemnity: Pitfall or Windfall?”; Walls & Ceilings, January 1997
• “Courts Scrutinize Use of ‘Pay-When-Paid’ Clause”; Walls & Ceilings, September 1996
• “The 10-Step Claims Prosecution Decision Tree”; Walls & Ceilings, February 1996
• “The Winds of Change”; Walls & Ceilings, October 1995
• “Preparing Yourself for Arbitration”; Walls & Ceilings, July 1995
• “The Best Defense is a Good Offense”; Construction Dimensions, March 1994
• “Models for Battles”; Construction Dimensions, January 1994
• “Performance Bonds v. Letters of Credit”; Construction Dimensions, November 1993
• “The Opportunity of Arbitration”; Construction Dimensions, October 1993
• “The Indemnity Dilemma”; Construction Dimensions, September 1993
• “The Five W’s”; Construction Dimensions, August 1993
• “The Perils of Pass-Throughs”; Construction Dimensions, July 1993
• “Preparing Yourself for a Deposition”; Construction Dimensions, June 1993
• “Using a Damage Summary”; Construction Dimensions, May 1993
• “The Renovator’s Dilemma”; Construction Dimensions, April 1993
• “Reducing Litigation Costs”; Construction Dimensions, March 1993
• “Invention as the Grandmother of Necessity”; Construction Dimensions, February 1993
• “Contingency Fees in Construction Cases”; Construction Dimensions, September 1992
• “Protecting Yourself in an Owner or General Contractor’s Bankruptcy”; Construction Dimensions, February 1992
• “Recognizing the Problem”; Construction Dimensions, November 1991
• “Managing Stucco Thickness Questions”; Construction Dimensions, July 1991
• “How Wall and Ceiling Contractors Can Beat the High Costs of Litigation”; co-author, Construction Dimensions, April 1991

Presentations

• “Remote Dispute Resolution: Temporary Band-Aid or Long-Term Solution? The Pros and Cons of Remote Dispute Resolution in Arbitration, Mediation and Discovery”; Construction Super Conference, Orlando, Florida, December 6, 2021
• “Prevailing Wage Repeal”; panel member, Associated Builders and Contractors of Michigan, Grand Rapids, Michigan, June 2018
• “Contract Law Primer for Engineers”; American Institute of Architects Seminar Engineering Law and Ethics, Grand Rapids, Michigan, November 2017
• “Negotiating a Construction Contract”; State Bar of Michigan Real Property Law Section, Grand Rapids, Michigan, October 2017
• “Comparing Litigation, Arbitration and ADR”; West Michigan Construction Industry Forum, Grand Rapids, Michigan, October 2017
• “Avoiding Risk of Consequential Damages”; West Michigan Construction Industry Forum, Grand Rapids, Michigan, October 2017
• “Top 10 Construction Clauses”; Associated Builders and Contractors, Western Michigan Chapter, Traverse City, Michigan, March 2017
• “Stop Dating Crazy People”; West Michigan Construction Industry Forum, Grand Rapids, Michigan, October 2016
• “Navigating the Design Build Dilemma”; West Michigan Construction Industry Forum, Grand Rapids, Michigan, October 2016
• “Insurance and Indemnity – Twin Brothers from Different Mothers’; West Michigan Construction Industry Forum, co-presenter: Mike Poggi; Grand Rapids, Michigan, October 2015
• “Doing Business Out of State – How to Avoid Issues When You Cross State Lines”; West Michigan Construction Industry Forum, co-presenters: Mike Poggi and David Barrons; Grand Rapids, Michigan, October 2015
• “Liens, Bonds & Common Misunderstandings – How to Protect Your Business”; West Michigan Construction Industry Forum; Grand Rapids, Michigan, October 2015
• “Construction Liens and Bonds”; Dan Vos Construction Company, December 2014
• “Construction Liens and Bonds: Steps to Perfecting and Challenging a Claim”; West Michigan Construction Industry Forum; Grand Rapids, Michigan, October 2014
• “Anatomy of a Claim: Strategies for Anticipating and Avoiding Claims”; Co-presenter, Grand Rapids, Michigan, October 2014
• “Top 20 Contract Clauses”; Construction Financial Management Association 2014
• Midwest Regional Conference, Oak Brook, Illinois, September 2014
• “Construction Liens and Bonds”; ABC Western Michigan Chapter, Traverse City, Michigan, May 2014
• “Liens and Waivers”; Ferris State University, Big Rapids, Michigan, November 2013
• “BIM: Raising the Accountability Bar”; Central Arizona Society for Healthcare Engineering, Phoenix, Arizona, October 2013
• “Public Private Partnerships”; West Michigan Construction Industry Forum, Grand Rapids, Michigan, September 2013
• “Construction Liens and Payment Bonds”; West Michigan Construction Industry Forum, Grand Rapids, Michigan, September 2013
• “Clearing the Path Towards a Successful Project”; Building Envelope Symposium, Ann Arbor, Michigan, April 2013
• “Litigation and Building Information Modeling”; Missouri Society for Healthcare Engineering, Chesterfield, Missouri, January 2013
• “Legal Review 2012: The Good, The Bad and The Ugly”; Construction Specifications Institute, Grand Rapids, Michigan, January 2013“
• “IPD & BIM: Getting Teams and Systems to Play Well Together”; West Michigan Design and Construction Expo, Grand Rapids, Michigan, October 2012
• “Building Information Modeling: Raising the Accountability Bar for Building Performance”; BIM Forum, Tacoma, Washington, October 2012
• “Construction Liens and Payment Bonds”; West Michigan Construction Industry Forum, Grand Rapids, Michigan, September 2012
• “Integrated Project Delivery”; West Michigan Construction Industry Forum, Grand Rapids, Michigan, September 2012
• “Doing Business Out of State”; West Michigan Construction Industry Forum, Grand Rapids, Michigan, September 2012
• “Where did the $100 Grand Go? Understanding the Michigan Builders’ Trust Fund Act”; Associated Builders and Contractors, Grand Rapids, Michigan May 2012
• “Builders Trust Fund Act: A Tool to Get Paid? A Way to Pay Twice?”; American Subcontractors Association of Michigan, Grand Rapids, Michigan, March 2012
• “Integrated Project Delivery”; International Risk Management Institute Construction Risk Conference, San Diego, California, November 2011
• “Evaluating the Rights, Wrongs, and Responsibilities in Construction Competitive Bidding”; West Michigan Design & Construction Expo, Grand Rapids, Michigan, April 2011
• “Construction Jeopardy”; National Association of Women in Construction, Grand Rapids, Michigan, April 2011
• “A Primer to Michigan Construction Liens”; ASA of West Michigan, Grand Rapids, Michigan, March 2011
• “Avoid the Road Bumps when Working Out of State”; Construction Financial Management Association, Grand Rapids, Michigan, March 2011
• “Bond Boot Camp”; Pinnacle Insurance, Grand Rapids, Michigan, January 2011
• “Protecting Your Interest: Helpful Steps to Facilitate Payment”; American Subcontractors Association of West Michigan, Grand Rapids, Michigan, December 2010
• “Warranties, Guarantees, Indemnities & Insurance”; Structure Tec, Lansing, Michigan, October 2010
• “IPD and BIM”; Central Arizona Society of Health Care Engineers,” Scottsdale, Arizona, September 2010
• “The New Indemnity Dilemma – How Does it Affect You and Your Business”; Associated Builders and Contractors, Grand Rapids, Michigan, June 2010
• “Building Information Modeling (BIM): A Basic Primer”; Moderator, Association of General Contractors (AGC), Lansing, Michigan, October 2009
• Client Seminar, Structure Tec, Grand Rapids, Michigan, August 2009
• AGC 1st Annual Meeting, Ypsilanti, Michigan, January 2008
• “ConsensusDOCS”; ASAWM/ABC Seminar, Grand Rapids, Michigan, January 2008
• “Advanced Lien Law Protection & Joint Surety Issues”; Association of General Contractors, Grand Rapids, Michigan, October 2007
• “Pay-when-Paid and Pay-if-Paid”; American Subcontractors Association of West Michigan, Grand Rapids, Michigan, January 2007
• “Mitigating Risk & Balancing Indemnification”; Association of General Contractors, Grand Rapids, Michigan, October 2006
• “Retainage”; American Subcontractors Association of West Michigan, Grand Rapids, Michigan, December 2006
• “Roof Asset Management Program”; Structure Tec, Kalamazoo, Michigan, March 2006
• “Roof Asset Management Program”; Structure Tec, Symposium at Lawrence Tech University, Detroit, Michigan, February 2006
• “Public Contract, Code/Competitive Bidding”; Lorman Education Services, Grand Rapids, Michigan, August 2005
• “Building Envelope Symposium”; Structure Tec, Grand Rapids, Michigan, August 2005
• “Roof Asset Management Program”; Structure Tec, Symposium, Oak Brook, Illinois, April 2005
• “Roof Asset Management Program”; Structure Tec, Symposium at Lawrence Tech University, Detroit, Michigan, February 2005
• “AIA Contracts in Michigan”; Lorman Education Services, Traverse City, Michigan, January 2005
• “Public Contracts & Procurement Regulations in Michigan”; Lorman Education Services, Grand Rapids, Michigan, October 2004
• “Public Contract Code & Competitive Public Bidding in Michigan”; Lorman Education Services, Lansing, Michigan, October 2004
• “Roof Asset Management Program”; Structure Tec, Symposium at Lawrence Tech University, Detroit, Michigan, September 2004
• “Construction Mixer”; St. Cecilia’s, Grand Rapids, Michigan, March 2004
• Client Seminar, Structure Tec, Kalamazoo, Michigan, March 2004
• “Roof Asset Management Program”; Structure Tec, Symposium at Lawrence Tech University, Detroit, Michigan, February 2004
• “Roof Asset Management Program”; Structure Tec, Symposium at Lawrence Tech University, Kalamazoo, Michigan, November 2003
• “Michigan Construction Law: What Do You Do When…?”; National Business Institute, Grand Rapids, Michigan, October 2003
• “Construction Contracting for Public Entities in Michigan”; Lorman Education Services, Kalamazoo, Michigan, July 2003
• “Water Intrusion and Mold Claims in Michigan”; Sterling Education Services, Lansing, Michigan, July 2003
• “Construction Management/Design-Build in Michigan”; Lorman Education Services, Traverse City, Michigan, May 2003
• “Michigan Construction Defect and Mold Litigation”; National Business Institute, Grand Rapids, Michigan, May 2003
• “Public Contract Code and Competitive Public Bidding in Michigan”; Lorman Education Services, Kalamazoo, Michigan, April 2003
• “Public Contract Code and Competitive Bidding in Michigan”; Lorman Education Services, East Lansing, Michigan, December 2002
• “Construction Lien Law and Strategies in Michigan”; National Business Institute, Grand Rapids, Michigan, September 2002
• “Construction Issues in Michigan”; Lorman Education Services, Lansing, Michigan, September 2002
• “Mold & Mildew”; Lorman Education Services, Grand Rapids, Michigan, July 2002
• “Design Build”; Lorman Education Services, Grand Rapids, Michigan, June 2002
• “Michigan Construction Law: What Do You Do When…?”; National Business Institute, Grand Rapids, Michigan, May 2002
• Seminar, Associated Builders and Contractors, Inc., Grand Rapids, Michigan, March 2002
• “Public Contract Code and Competitive Public Bidding in Michigan”; Lorman Education Services, Grand Rapids, Michigan, March 2002
• Conference Seminar, Association of the Wall and Ceiling Industries, International 85th Annual Convention and Trade Show, San Antonio, Texas, March 2002
• “Construction Claims in Michigan”; Lorman Education Services, Grand Rapids, Michigan, April 2002
• “Construction Contracting for Public Entities in Michigan”; Lorman Education Services, Grand Rapids, Michigan, March 2001
• “Successful Strategies in Construction Claims Management”; Lorman Education Services, Grand Rapids, Michigan, February 2001
• “Construction/Management Design-Build in Michigan”; Lorman Education Services, Grand Rapids, Michigan, November 2000
• “Michigan Construction Law: Can This Job Be Saved?”; Lorman Education Services, Grand Rapids, Michigan, February 2000
• “Construction Contracts and Michigan Lien Law”; National Business Institute, Grand Rapids, Michigan, July 1999
• Seminar, American Society of Professional Estimators, Grand Rapids, Michigan, April 1999
• Seminar, Associated Builders and Contractors, Grand Rapids, Michigan, February 1997
• Conference Seminar, Construction Marketing Conference, McGraw Hill, Tampa, Florida, January 1997
• “Construction Lien Law”; American Society of Professional Estimators, Grand Rapids, Michigan, December 1996
• Conference Seminar, Construction Marketing Conference, McGraw Hill, Cambridge, Massachusetts, August 1996
• “Construction Contract and Lien Law”; Lorman Business Center, Grand Rapids, Michigan, May 1996
• “Current Topics in Construction Law”; Associated Builders and Contractors, Grand Rapids, Michigan, September 1995
• “How to Stay Out of the Sandtrap Called Litigation”; Florida Wall and Ceiling Contractors Convention, Fort Lauderdale, Florida, June 1994
• Conference Seminar, 77th Annual Meeting of the Association of Wall and Ceiling Industries – International, Las Vegas, NV, March 1994
• Conference Seminar, 75th Annual Meeting of the Association of Wall and Ceiling Industries – International, Washington D.C., February 1992
• Conference Seminar, Mid-Year Meeting of the Association of Wall and Ceiling Industries – International, Honolulu, Hawaii, September 1991
• Conference Seminar, Association of the Wall and Ceiling Industries – International, San Francisco, California, March 1991
• “Changes to the Florida Construction Lien Laws”; Florida, Wall and Ceiling Contractors Association, Fort Myers, Florida, December 1990