Publications

Published works by Stephen A. Hess

Press

Books

CONSTRUCTION LAW TREATISES


  • Carol Patterson, Ross Altman, Allan Overcash, & Stephen Hess, eds., American Bar Association – Forum on the Construction Industry, Construction Law, Second Edition (2019)


  • Stephen Hess, “Damages” and “Construction Contract Pricing” in Construction Law, Second Edition (2019)


  • Andrew Ness, Stephen Hess, and Robbie MacPherson, The Insider’s Guide to Construction Contracts, American Bar Association – Forum on the Construction Industry (forthcoming 2024)


  • Stephen Hess, “Damages,” “Construction Contract Pricing,” and “The Design Undertaking” (the latter with Lawrence Melton) in William Allensworth, Ross Altman, Adrian Bastianelli, & Allan Overcash, eds., American Bar Association – Forum on the Construction Industry, Construction Law (2009)(textbook for law students)


  • Stephen Hess, “Cost-Plus Contracts – Contractor Considerations,” “Stipulated Sum Contracts – Contractor Considerations,” and “General Conditions – Contractor Considerations” "Termination of Contracts -- Contractor Considerations," and "Mechanics'  Liens" in Eric Berg, ed., Construction Checklists (American Bar Association - Forum on the Construction Industry, 2008 & Second ed. 2021)


  • Stephen A. Hess, Executive Editor, Design Professional And Construction Manager Law (American Bar Association – Forum on the Construction Industry, January 2007)


  • Stephen A. Hess and Stephen Miller, “Damages and Remedies,” in Matthew Ninneman, et al. DESIGN PROFESSIONAL's GUIDE TO CONSTRUCTION LAW (American Bar Association – Forum on the Construction Industry, 2021)


  • Chapter 3, “Private Construction Contracts,” and Chapter 10 “The Contractor” in Robert Benson, ed., The Practitioner’s Guide To Colorado Construction Law (CLE in Colorado Inc., 2d ed. 2005 through 7th ed. 2021)

Editorial positions


SELECTED CONSTRUCTION LAW PERIODICALS AND PROGRAMS [2005 – present only]


  • Associate Editor, The Journal of the American College of Construction Lawyers (2021-present)
  • Editor (2012 – 2015); Associate Editor (2008-2012), The Construction Lawyer, American Bar Association
  • Editor-in-Chief, Construction Briefings, (Thomson Reuters)(2006-2008)
  • Member, Board of Editors, Real Estate Review, 2005 - 2007 (West)

Articles

  • Cardinal Change, Journal of the American College of Construction Lawyers (Thomson/West for the American College of Construction Lawyers; Summer 2021)


  • The Sanctity of Contracts, Journal of the American College of Construction Lawyers (Thomson/West for the American College of Construction Lawyers; Summer 2021)


  • Anticipatory Repudiation, Journal of the American College of Construction Lawyers (Thomson/West for the American College of Construction Lawyers; Winter 2020)


  • Delay Damages and Site Conditions: Contrasts in U.S. and U.K. Law, (with Julian Bailey), 2015 Construction Lawyer (Summer 2015); published simultaneously by the Society of Construction Law


  • Assessing Liability for Green Building Failures, Part 2: How Claims for Green Building Failures Fare Under Common Law Doctrines, Journal of the American College of Construction Lawyers (Thomson/West for the American College of Construction Lawyers 2013)(with William McConnell)


  • Termination American Style: Handling the Acutely Troubled Construction Project, Journal of the Canadian College of Construction Lawyers (Thomson/West for the Canadian College of Construction Lawyers 2013)


  • Assessing Liability for Green Building Failures, Part 1: The History, Development, and Status of Green Building Codes, Journal of the American College of Construction Lawyers (Thomson/West for the American College of Construction Lawyers 2012)(with William McConnell)


  • Who Should Own the Float?, Journal of the American College of Construction Lawyers (Thomson/West for the American College of Construction Lawyers 2010)


  • The Availability and Proof of Damages for Lost Bonding Capacity, Journal of the American College of Construction Lawyers (Thomson/West for the American College of Construction Lawyers 2008)


  • Flow-Down Clauses, Construction Briefings (October 2008, West)

  • A Mechanics’ Lien Primer , Construction Briefings (May 2008, West)



  • Noncomplying Change Orders, Construction Briefings (April 2008, West)


  •  Nondischargeability of Personal Debts for Violations of Construction Trust Fund Statutes, Under Construction (American Bar Association March 2008).


  • Unbalanced Bidding, Construction Briefings (December 2007, West)


  • Personal Liability, Payment Protection, and Construction Contract Defaults Construction Briefings (November 2007, West)


  • Jury Verdict Method of Proving Damages, Construction Briefings (May 2007, West)


  • The Total Cost Method of Proving Damages, Construction Briefings (February 2007, West)


  •  ‘All Appropriate Inquiry’ Regulations Under CE R CLA for the Protection of Innocent Landowners, 35-3 Real Estate Review 25 (2007)(with Christopher Brandt)


  • Scope of Work, Standard of Care, and Changes, American Bar Association, Forum on the Construction Industry Advanced Drafting Seminar (Scottsdale, Fall 2006)(paper and presentation, with Gary Berman)


  • Application of the Cardinal Change Doctrine in Federal Construction Contracts, 9 A.L.R.Fed.2d 969 (2006 West)


  • Assessing Default Termination, Construction Briefings (February 2006, West)


  • Anticipatory Repudiation and Construction Contracts, Construction Briefings (June 2006, West)


  • Dealing With the Financially Marginal Contractor, 35 Real Estate Review 5 (December 2006)(with Kent Borges)


  •  Use of Total Cost Method to Prove Damages or Equitable Adjustments in Federal Cases, 200 A.L.R. Fed. 475, (2005 West)


COLORADO LITIGATION PRACTICE TREATISES

  • Stephen A. Hess, Editor, COLORADO METHODS OF PRACTICE, VOLS. 1, 1A, 2, 2A, 2B, 3,3A (2015 - present) (West/Thomson Reuters)(Continuation of Krendl’s COLORADO METHODS OF PRACTICE)


  • Stephen A. Hess, Colorado Civil Litigation Manual (Thomson Reuters 2002 with annual replacement volumes; current through 2023)




  • Stephen A. Hess & Sheila K. Hyatt, Colorado Courtroom Evidence Manual (Thomson Reuter 2003 with annual replacement volumes; current through 2023)


  • Sheila K. Hyatt, Colorado Evidence Treatise (Thomson Reuter 2009 with annual supplements)(I began providing annual updates in 2019; current through 2023)


  • Stephen A. Hess, Colorado Civil Rules Annotated (5th ed. 2020)(two volumes) (3rd and 4th ed. with Sheila K. Hyatt)(updated annually, current through 2023) 



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