Phone 
(801) 328-0266 
Email
alan@mountainwestlaw.com                                 
 
Practice Areas
Construction and Design Real Estate Law
Alternative Dispute Resolution Contract Law
Administrative Law Procurement Law and Protests                
Zoning and Land Use Mediator and Mediations

 
   


Alan S. Bachman


PROFESSIONAL EXPERIENCE

Alan graduated from Gonzaga Law School in the Spring of 1977.  Alan was a Chief Assistant County Counsel for Washington County, Oregon.  In 1987, Alan became an Assistant Attorney General for the State of Utah and retired from the State on June 1, 2017 in order to work for Fetzer Simonsen Booth & Jenkins.

While at the Utah Attorney General's Office, Alan was counsel to the:

  • Division of Facilities Construction and Management (DFCM);
  • Division of Purchasing and General Services;
  • Utah State Building Board;
  • Utah Department of Transportation;
  • Capitol Preservation Board. Drafted Administrative Rules for the Capitol Preservation Board including Free Speech, Solicitation, Facility Use Rules, Procurement Rules, Security matters and more;
  • Drafted contracts for design and construction, including for the 2002 Olympic Winter Games sites, Olympic Housing, Matheson Courthouse, State Capitol Renovation and over $5 billion of development.  Many of these contract forms are still online;
  • Worked with Martin Dies on Asbestos Litigation involving major Asbestos Manufacturers;
  • Drafted numerous administrative rules and statutes;
  • Opinions, including a published Attorney General Opinion in 1991 as well as countless written opinions on a wide variety of issues;
  • Drafted countless contracts, real estate documents, lease agreements, and other legal documents;
  • Resolution of disputes regarding design/construction of Olympic Facilities; and
  • Resolution of dispute regarding 65,000 square feet of tile, Utah Capitol.

While at the Washington County Counsel's Office, significate accomplishments included:

  • In 1980-1981, created the Coalition of Developers, Landowners and Environmentalists to create the revised Marginal Lands Bills which allowed Counties and Cities to be able to develop comprehensive plans for farm, forest, and urban lands. Legal drafter for the first comprehensive plan to be acknowledged by the State of Oregon.
  • Co-created and served as first Chair Elect of the Environmental Section of the Oregon State Bar.


COUNSEL TO COMMITTEES, COMMISSIONS AND BOARDS, including:

  • Executive Residence Commission (Governor's Mansion, State of Utah);
  • Purchasing from People with Disabilities Advisory Board;
  • Utah Board of Oil, Gas and Mining;
  • Utah State Building Board;
  • Utah Capitol Preservation Board;
  • Utah Procurement Policy Board;
  • Utah Transportation Commission;
  • Utah Tram Board;
  • Prison Relocation and Development Authority (First and Second Authority Organizations);
  • Performance Bases Procurement System Task Force (Developed Innovative Value-Based Procurement System);
  • Advisor and management responsibilities for procurement of outside legal counsel: Same-sex Marriage litigation.
  • Washington County, Oregon, Public Works Advisory Committee;
  • Washington County, Oregon, Board of Commissioners;
  • Washington County, Oregon, Planning Commission;
  • Washington County, Oregon, Rural/Natural Resources Committee; and
  • Washington County Council on Aging Conservatorship Committee.

PUBLICATIONS

  • Construction Law Handbook: Value-Based Procurement. Aspen Publishers 2004. (How to use Request for Proposals for design and construction procurement, where qualifications, value and price are all considerations.) This revolutionized procurement for construction projects, where Low-bid is not antiquated.
  • Informal Opinion No. 92-08 (June 16, 1992) Re: Whether the eminent domain power may be used by the Division of Facilities Construction and Management for acquisition of private property for State buildings and grounds.  Printed in Administrative Bulletin 92015, August 1, 1992, p.6. Available on Westlaw and Utah Government Digital Library.
  • Produced numerous articles for CLE seminars, including those sponsored by the Oregon state Bar, Utah State Bar, Lorman Education Services, the Construction Superconference, the Utah Attorney General's Office and for the Design-Construction-Procurement Industry.

CONTINUING LEGAL EDUCATION AND SEMINARS PRESENTED

Alan has presented at numerous CLE Seminars for decades.  Below is a sampling:

  • May 2016: Utah Procurement Code, emphasis on Construction Bidding, Protest, & Appellate Procedures. Utah Municipal Attorneys Association
  • June 2015: Contract Basics and Types of Contracts. Procurement Education Partnership Seminar
  • September 2011: E-Verification. Utah League of Cities and Towns
  • May 2010: Practical Contracts. Attorney General's Mid-Year CLE
  • October 2009: Recent Developments in the Economic Loss Doctrine. Utah State Bar Construction Law Section
  • December 2001: Construction Superconference, San Francisco, Organizer and Presenter: Roundtable of State Attorneys General


PROFESSIONAL AND SERVICE ASSOCIATIONS (past and present): 

Utah State Bar Association
     Construction Law Section, Utah State Bar
     Government Law Section, Utah State Bar
American Bar Association
Oregon State Bar Association (past)
Utah Civility and Community Advisory Council
Salt Lake Interfaith Roundtable
North American Interfaith Network, Vice-Chair and Board Member
Rabbinical Student