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Following the New Leed: Version 3
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The Limits on Limiting Liability
2009 Utah Legislative Summary: How the Law Changed for the Construction Industry
LV Lawyers Invest Time for LEED Accreditation
"LEED 2009" Takes Effect in March
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Can I Lien That, Too?
Climate Change: Hot Trends and Even Hotter Litigation
2008 Legislative Summary: How the Law Changed for the Construction Industry
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State Brownfields Law
Can I Lien That?
 
  PEOPLE : Attorneys/Professionals Profile  
     
 

Melissa Orien
Melissa A. Orien
Associate
morien@hollandhart.com
Salt Lake City Office
60 E. South Temple
Suite 2000
Salt Lake City, UT 84111-1031
Phone: 801-799-5863
Fax: 801-799-5700
 
Las Vegas Office
Hughes Center
3800 Howard Hughes Pkwy, 10th Floor
Las Vegas, NV 89169
Phone: 702-669-4634
Fax: 702-669-4650

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PRACTICE AREAS

Construction Litigation
Construction and Design Representation
Green Building
Sustainable Business

EXPERIENCE

While maintaining her practice in Salt Lake City, Ms. Orien also works in the firm's Las Vegas office. Her practice focuses on counseling parties on all aspects of the construction project from drafting and negotiating contracts to facilitating project-level resolution of claims and, when necessary, construction litigation and dispute resolution.

Ms. Orien represents owners, contractors, and subcontractors on a variety of public and private construction-related disputes in arbitration, state courts, federal courts, and before the Armed Services Board of Contract Appeals.  She prosecutes and defends complex mechanics' lien and bond claims involving delay and disruption, differing site conditions, changes, defective plans and specifications, terminations, lost production, energy savings performance guarantees, and liquidated damages. 

Ms. Orien also represents owners and contractors in transactional matters including drafting and negotiating construction contracts.  She has drafted a variety of complex and specialized contracts including the following:

guaranteed energy-savings performance contract for a federal biomass facility;

design-build contract for large solar-energy project;

design and construction contracts for remodel of large hotel/casino project;

energy-savings performance contract for phased project on university campus;

design and construction management contract for 15-facility public project;

LEED general conditions for large project with target LEED certification goal; and

LEED consulting agreement for LEED consultant

As a member of the Consensus DOCS Advisory Council, Ms. Orien is actively involved in drafting and reviewing the ConsensusDOCS form contracts.  Ms. Orien also compiles and edits the annual 50-State Construction Legislation and Caselaw Update prepared by Division 10 of the ABA Forum on the Construction Industry.  To further her interest in green and sustainable building, Ms. Orien chairs the Advocacy Subcommittee of the ABC National Green Building Council.

Ms. Orien was named one of "Utah's Legal Elite" in 2009 by Utah Business Magazine.

Prior to law school, Ms. Orien was a broadcast journalist, working in both television and radio, and was  a sports correspondent for a Salt Lake newspaper.  Ms. Orien also worked as a copy editor revising articles and text books for publication.

When she is not working, Ms. Orien runs marathons and competes on the Las Vegas Masters swim team.

Ms. Orien is admitted to practice in Utah and Nevada.

PROFESSIONAL ACTIVITIES

Member, ABA Forum of Construction Industry
- Contributing Editor, The Construction Lawyer
- Division 10, (Legislative and Environmental) Steering Committee
- Regional Coordinator, 2008 Regional Program

Member, Associated General Contractors of Utah

Member, Associate Builders and Contractors of Utah

Member, U.S. Green Building Council, Utah and Nevada Chapters

Member, Associated General Contractors Las Vegas
- Government Affairs Committee

Member, Associated Builders and Contractors of Nevada
- Membership Committee

PUBLICATIONS AND SPEAKING ENGAGEMENTS

"Following the New LEED: Version 3," Holland & Hart Constructive Developments Newsletter, November 2009.

"Federal Court Upholds OSHA Multi-Employer Policy" Intermountain Contractor - August 2009

"The Limits on Limiting Liability," Construction Executive, (co-authored with Buck Beltzer) September 2009.

"Utah Legislative Summary," Holland & Hart Constructive Developments Newsletter, July 2009.

"2009 Utah Legislative Summary: How the Law Changed for the Construction Industry," Intermountain Contractor, (co-authored with David Zimmerman) May 2009.

"Keeping Your Green Project Out of the Red," Engineering News-Record, McGraw-Hill Construction, (co-authored with David Zimmerman), September 2008.

"Can I Lien That, Too?" Construction Lawyer, (co-authored with David Zimmerman), Fall 2008.

"Climate Change, Hot Trends and Even Hotter Litigation," Construction Executive, (co-authored with David Zimmerman) June 2008.

"2008 Legislative Summary: How the Law Changed for the Construction Industry," Legislative Review, (co-authored with David Zimmerman) Spring 2008.

"Climate Change Is Heating Up the Construction Industry," Construction Lawyer, Vol. 28, No. 1, Winter 2008. (co-authored with Theresa Laughlin Silver)

"Can I Lien That?", Construction Lawyer Vol. 27, No.4, Fall 2007. (co-authored with David Zimmerman)

"Legislative Update: State Brownfields Law," Construction Lawyer, Vol. 27, No. 3, Summer 2007. (co-authored with Ellie B. Wood)

"The Battle over Low-Level Nuclear Waste - Are Some States Overstepping Their Bounds?" B.Y.U. Law Review, Winter 2005.

EDUCATION

Brigham Young University  
- magna cum laude

Brigham Young University Law School  
- cum laude
- Most Outstanding Female Law Student