Education:
U.C.L.A. School of Law (J.D.); Comment Editor, U.C.L.A. Law Review;
Law Clerk, Hon. Alfred T. Goodwin, United States 9th Circuit Court of Appeals
University of New Mexico (Ph.D., English; M.A., English; B.A., English)
Licenses: New Mexico; California; U.S. District Court, District of New Mexico;
U.S. District Court, District of Central California; U.S. District Court, District of Colorado.
Professional Experience:
August, 2007 - Present Law Offices of Mickey Beisman
In her private practice, Mickey Beisman specializes in construction contracts, including drafting, negotiation and administration of contracts and represents clients in mediation, arbitration and litigation relating to contract disputes. She has handled technical matters, such as soils settlement and water treatment results, as well as contractual issues, including liability for testing, changed conditions, warranties, delayed payments, and adjusted pricing.
Ms. Beisman is also a featured speaker at Lorman seminars on construction delay claims and construction contracts.
January, 2005-July, 2007
Assistant General Counsel
New Mexico Department of Transportation
In her work as Assistant General Counsel for the New Mexico Department of Transportation ("NMDOT"), Ms. Beisman represented the NMDOT in the negotiation and administration of its public works contracts. Her work encompassed administrative proceedings, mediation, arbitration, and litigation of contractor claims; bid protest hearings; Public Records Act requests; claims analyses; and settlement negotiations. She also represented the NMDOT in legislative hearings and the rulemaking process and trained NMDOT personnel in contract claims requirements and contract documentation.
In addition, Ms. Beisman drafted legislation, performed bill analyses, and testified before the New Mexico Legislature in support of false claims and Design-Build legislation supported by the NMDOT. She also participated in the drafting of new NMDOT contract specifications sections and prequalification requirements and represented the NMDOT on joint committees with contractors on these subjects.
She spoke on claims procedure and documentation at state-wide NMDOT Project Managers meetings and at internal NMDOT training sessions and produced an NMDOT training manual on this subject which is used by all districts within the agency.
September, 2002 - December, 2004 Mickey Beisman, Attorney at Law
Ms. Beisman specialized in contracts, construction law; public works procurement; state and Federal construction claims litigation; construction and procurement-related administrative hearings; and false claims. She received a unanimous administrative decision in her client's favor from a City of Las Cruces Board of Appeals and was a featured speaker at Lorman seminars on "Construction Delay Claims in New Mexico" and "The Basics of Construction Contracts" and at a New Mexico Public Procurement Institute seminar on "New Mexico's Preference Law: What's Going On?" The delay claims seminar was repeated at the request of Bernalillo County.
October, 1998 - August, 2002
Vice-President and Corporate Counsel
Bradbury Stamm Construction, Inc.
Ms. Beisman, as a member of senior management, directed Bradbury Stamm's legal actions and provided day-to-day legal and strategic advice. She analyzed public and private contracts; prepared and negotiated subcontractor and supplier contracts and related agreements; prepared and responded to bid protests; handled payment bond and mechanic's lien claims; represented Bradbury in active litigation, arbitration and mediation; coordinated subcontractor substitutions, Retainage Act escrow agreements, and securities in lieu of retainage agreements; and prepared assorted documents such as purchase/sale agreements, promissory notes and leases.
Ms. Beisman demonstrated particular expertise in the Resident Contractor Preference laws for New Mexico, Colorado and Texas and the New Mexico Subcontractor Fair Practices Act. She won a trial court decision, affirmed unanimously by the New Mexico Court of Appeals, requiring Bernalillo County to apply the New Mexico Resident Contractor Preference to a public project; won a Texas public agency decision that Bradbury Stamm was not subject to the Texas Resident Preference law and won a Colorado trial court decision that Bradbury Stamm of Colorado was not subject to the Colorado Resident Contractor Preference. She also won an agency decision declaring another contractor's bid nonresponsive on the grounds that it had violated the New Mexico Subcontractors Fair Practices Act and was instrumental in a trial court decision overturning another contractor's bid on the same grounds. Later, she successfully defended Bradbury Stamm against this same charge on two other projects.
Published decision: Bradbury Stamm Construction v. Board of Commissioners, 2001 NMCA 106, 35 P.3d 298 (2001).
January, 1997 - September, 1998 Mickey Beisman, Attorney at Law (California)
Ms. Beisman offered services to owners, contractors, and subcontractors in the drafting, analysis, negotiation and implementation of construction documents including bid packages, prime contracts, supplier, subcontract and development agreements.
August, 1995 - December, 1996 Brand, Farrar, Dziubla, Freilich & Kohlstad (California)
Ms. Beisman represented the following clients on Design/Build and Design-Bid-Build projects: the Metropolitan Water District of Southern California in the construction of its headquarters; Shimizu Construction in the analysis, negotiation of subcontractor and supplier contracts; and Sakti International in the renovation of an historic San Francisco office building.
July, 1990 - July, 1995 Morgan, Lewis & Bockius (Los Angeles Office)
Ms. Beisman represented the following clients in major litigation and negotiations: the Regents of the University of California in the seismic reconstruction of student dormitories; the Los Angeles County Transportation Commission in the construction of the Los Angeles Metrorail; Samsung Heavy Industries in the installation of low-profile cranes for the Port of Oakland; Babcock & Wilcox Industries in the construction of materials recycling facilities and power generating systems; and homeowners in California Coastal Commission construction.
Ms. Beisman's expertise in both state and Federal procurement also led to her providing ongoing advice to owners, contractors, and subcontractors on projects ranging from a Metropolitan Water District reservoir to the Orange County toll road to AMTRAK railroad projects. In addition, she drafted and analyzed contracts for contractors, subcontractors, and developers and other owners on private projects ranging from seawall construction to shopping center construction to housing tract development.
May, 1989 - June, 1990 Carlsmith, Wichman, Case & Ichiki (Los Angeles Office)
Ms. Beisman represented a major contractor on a variety of projects including an office building and the City of Los Angeles zoo renovation and represented the Beverly Hills Country Club in its renovation claim against an architect.
March, 1988 - April, 1989 Shea & Gould (Los Angeles Office) Ms. Beisman handled a range of matters including a developer's claims against a contractor for the construction of a post office, the State of California's defenses against contractor claims for the construction of a state prison, and the drafting and negotiation of all contractor and subcontractor contracts for a major developer.
September, 1982 - February, 1988 Beisman Associates Ms. Beisman assisted in the preparation of contractor claims on projects ranging from a banana unloading gantry crane on lower Manhattan Island to a rocket-cooling system for the space shuttle facilities at Vandenberg Air Force Base.
September, 1981 - June, 1982 Federal Appellate Law Clerk After graduation from U.C.L.A. School of Law, Ms. Beisman clerked for the Hon. Alfred T. Goodwin on the 9th Circuit Court of Appeals. During her clerkship, she worked on appellate subjects ranging from copyright to F.A.A. liability for Federal inspections to the expectation of privacy.
Memberships and Publications:
New Mexico Bar Association; California Bar Association; American Bar Association.
"Construction Delay Claims in New Mexico," Lorman Seminar.
"The Basics of Construction Contracts," Lorman Seminar.
"Disruption, Delay and the Contractor Claims Procedure," NMDOT.
"New Mexico's Preference Law: What's Going On?" New Mexico Public Procurement Institute.
"How to Choose A Construction Expert, "37
The Practical Lawyer, No.7.
Book Review, "Preventing and Solving Construction Disputes" by H.
Murray Hohns," 27
U.C.L.A. Law Review 56.
Biography