Erika S Baurecht

Special Counsel

Overview

Erika Baurecht, special counsel with Foley & Lardner LLP, has 22 years of complex construction and contracting experience as outside and in-house counsel to general contractors, design/build firms, subcontractors, engineers, architects, developers and governmental entities throughout the United States on private and public projects of all sizes.

Erika advises her construction clients on risk management and project delivery models, including design-build, design-bid-build, GC/CM, CMAR, and construction contracting and pricing options, such as guaranteed maximum price, cost-plus fee and fixed fee. Erika works closely with her clients throughout the multiple phases of project development, including assistance with bid packages, RFP’s, the preparation and negotiation of custom and standard industry complex construction contracts (eg. AIA, AGC, EJCDC, DBIA & ConsensusDOCS), and the ongoing administration of construction projects, including issues related to change orders, applications for payment, performance and payment bonds and lien disputes. She is also highly versed in the areas of procurement, vendor management, and a wide variety of commercial contracts.

Erika currently represents numerous owners and developers on the acquisition-rehabilitation and new construction of affordable housing, senior housing and community development projects financed utilizing Low Income Housing Tax Credits (LIHTC), Housing & Urban Development (HUD) and Federal Housing Administration (FHA) multifamily finance programs, State HOME Funds, Municipal HOME Funds, Community Development Block Grant (CDBG) funds and Historic Tax Credits.

Representative Experience

  • Represented Wisconsin Energies on the negotiation and drafting of a $2.3 billion dollar Engineering Procurement and Construction contract with Bechtel Corporation for the construction of the Oak Creek supercritical coal-based power facility on the west shore of Lake Michigan (the largest lump-sum turnkey project in Bechtel’s history
  • Representation of the Milwaukee Brewers Baseball Club in the drafting and negotiation of the design, construction management, and other construction and development related agreements for the Brewers’ new spring training facility in Phoenix, Arizona, including the ongoing assistance with project management
  • Representation of the Milwaukee Brewers Baseball Club on construction and facilities transactions for Miller Park
  • Representation of Wisconsin Developer in the acquisition and HUD financing for the development of a 78-unit LEED designed apartment complex in the Titletown community in Green Bay, Wisconsin
  • Ongoing representation of Fortune 500 U.S. motorcycle manufacturer on global construction and facilities transactions, including the drafting and negotiation of design-build, GC, and architect and engineering agreements
  • Acted as lead construction counsel for the State of Wisconsin Department of Administration, Division of State Facilities, to develop the state’s Construction Manager at Risk model contracts and to revise all of the state’s construction related contracts and supporting documentation, including: State of Wisconsin Department of Administration – Division of State Facilities (DSP) – General Conditions of the Contract, Agreement Between the State of Wisconsin for Construction Management Services (Construction Manager at Risk), Shared Savings Value Engineering Change Proposal ("VECP's"), T&Cs, Schedule Incentives and Green Design Goals
  • Represented Wisconsin Center District on construction contracts for four-square-mile development of the City of Milwaukee Convention and the rehabilitation of the Wisconsin Center District Arena, including development and monitoring of M/WBE Programs
  • Represented the Southeastern Wisconsin Professional Baseball Park District (“SWPBPD”) on construction and related contracts for the multimillion dollar development of Miller Park, the public professional baseball stadium for the Milwaukee Brewers; also served on the SWPBPD Board of the Minority Advisory Affairs Committee and the Board of the SWPBPD Minority and Women Owned Business Participation Committee

Thought Leadership

Erika frequently speaks at seminars and to local and national associations on issues concerning contracting, facilities management, construction, leasing and lien law, including a CLE presentation entitled “Legal Issues In The Design And Construction Process,” a presentation to the Wisconsin Association of Corporate Counsel’s Annual Chapter Conference in 2014 entitled “Tips on Transforming Your Team from ‘The Deal Killers’ to the ‘Department of Yes!’ How to Properly Allocate Corporate Risk and Negotiate a Contract Everyone Can Live With”, annual presentations at the Washington Construction Law conference, and the publication of the articles “ABC’s of Construction Contracting: Creating a Contract You Can Live With” and “Don’t Let The Roof Fall On Your Head! The Risky Relationship Between Owner, Contractor And Subcontractors.”

Education

Erika earned her J.D. from Marquette University Law School and a B.A. in English and geology, magna cum laude, at the University of New Mexico.

Admissions and Professional Memberships

Erika is active in the national Commercial Real Estate Women (CREW) network, is the past president of the CREW Seattle & Sound Chapter, and has served on the board of the Wisconsin CREW Chapter. Her other professional associations and memberships include the Wisconsin State Bar Association, the Washington State Bar Association, the American Bar Association Forum on the Construction Industry, the International Council of Shopping Centers and the American Corporate Counsel Association.

Erika is admitted to practice in Wisconsin, Washington, U.S. District Court, Eastern District of Wisconsin, U.S. District Court, Western District of Wisconsin, U.S. Court of Appeals, Seventh Circuit, and U.S. Court of Appeals, Ninth Circuit.

Capabilities