John H. Tarlow

John H. Tarlow

Attorney Profile

Top Rated Alternative Dispute Resolution Attorney in Bozeman, MT

Tarlow Stonecipher Weamer & Kelly, PLLC
 | 1705 West College Street, Bozeman, MT 59715-4913
Phone: 406-586-9714
Fax: 406-586-9720
Selected To Super Lawyers: 2017 - 2020
Licensed Since: 1989
Practice Areas:
  • Alternative Dispute Resolution (40%),
  • Construction Litigation: Business (40%),
  • Insurance Coverage (10%),
  • Business Litigation (10%)
    Attorney Profile

    Buzz Tarlow is a founding member of Tarlow and Stonecipher, PLLC.  His practice is primarily in the construction field representing owners, contractors, architects, insurance companies, engineers, suppliers and subcontractors in many types of matters including construction contracting, licensing, defective construction, and delay and financial dispute cases.  He regularly acts as a mediator in construction disputes and is a member of the National Construction Panel of Arbitrators for the American Arbitration Association. 

    Buzz has been inducted as a member of the National Academy of Distinguished Neutrals. NADN is an invitation-only professional association whose membership consists of mediators and arbitrators distinguished by their hands-on experience in the field of civil and commercial dispute resolution. 

    Additionally, Mr. Tarlow completed the training and examination to become a member of the Chartered Institute of Arbitrators. CIArb is a London based global organization comprising more than 16,000 counsel and advocates, academics, experts and other professionals engaged in the practice, promotion, facilitation and development of all forms of private dispute resolution

    Buzz is the only elected member of the American College of Construction Lawyers practicing in the state of Montana.  He is an adjunct professor at Montana State University College of Engineering.

    He is the founder of the Montana State Bar Construction Law Section and the Montana Construction Law Institute (an annual construction law conference sponsored by the State Bar of Montana).  He has also held a variety of national leadership positions in the American Bar Association Forum on Construction Law. Buzz has spoken at numerous state-wide and national construction law conferences, and is the creator and host of the ABA Forum’s podcast “Construction Law Today”. (Available on a variety of platforms including PodBean, iTunes, The Google Play Store, and Spotify)

    Buzz is also a LEED Green Associate, a licensed pilot and a mandolin, bass and guitar player.

    White Papers

  • In Defense of Lying: The Ethics of Deception in Mediation (2017) - The issue of the ethical considerations of deception’s role in mediation first came to my attention as a mediator in a construction dispute.  During preparation for the mediation, I noticed that there was a defect in the construction lien at issue, which would entitle the owner to prevail and, potentially, be awarded attorneys’ fees.  The owner, and its counsel however, did not realize that the lien contained a defect. To the contrary, the owner was seriously considering settling with the contractor based in large part on what the owner thought was a serious risk of being held liable for the contractor’s attorneys’ fees if and when the lien at issue was declared valid.  This was a substantial case and the swing of the attorneys’ fees from one party to the other would be a significant amount of money.  I even attempted to check my reasoning on the lien defect by questioning the contractor’s lawyer on the matter. The contractor’s lawyer quickly acknowledged the defect but explained that she did not think that the owner’s lawyer understood the issue because he had never mentioned it to her in the course of the protracted litigation occurring prior to the mediation.   What is a lawyer/mediator, a neutral facilitator sworn at least to some type of oath (depending on the jurisdiction) to be a truthful “officer of the court”, to do?  Should he or she sit back and let the owner make a settlement decision based on faulty information or analysis?  What if the owner—as parties often do—asked the mediator what he or she would do in the owner’s position?  What if the owner asks the common question: “what do you think the court will do here?”  Is the mediator to be the beacon of truth, or the purveyor of a lie? 

  • Certificates and Credentials

    About John Tarlow

    Admitted: 1989, Montana

    Professional Webpage: http://lawmt.com/attorneys/john-h-tarlow/

    Honors/Awards:

    • Nominated as a fellow of the American College of Construction Lawyers (inducted in February 2010); 2004 Pro Bono Publico Award - 18th Judicial District - Pro Bono Project; Construction Law Section Appreciation Award-State Bar of Montana; Big Sky Alexis de Jocqueville Society Charter Member; Martindale Hubbell Rating: AV

    Special Licenses/Certifications:

    • Appointed as a Member of the Chartered Institute of Arbitrators, 2020
    • Appointed as a Member of the National Academy of Distinguished Neutrals, 2019
    • U.S. Green Building Council, LEED Green Associate, 2020
    • Licensed pilot

    Bar/Professional Activity:

    • Active as construction mediator and arbitrator in the State of Montana Appointed to the American Arbitration Association Roster of Neutrals, Construction Panel Fellow of the American College of Construction Lawyers (inducted February, 2010); only ACCL member in State of Montana; elected to serve as member of the Board of Governors in February, 2014 Founder of Montana State Bar Construction Law Section Founder of Montana Construction Law Institute (an annual statewide construction law conference in association with the State Bar of Montana) AV rating from Martindale Hubbell Fellow of the American Bar Foundation American Bar Association Forum on the Construction Industry – Co-Chairperson of National Mid-Winter Meeting (2013) Naples, Florida American Bar Association Forum on the Construction Industry, Insurance Program, Co-Chair of Chicago 2011 Program; Program Coordinator, Santa Monica 2012 Program American Bar Association Forum on the Construction Industry - Fellowship Program (Mentor) American Bar Association Forum on the Construction Industry - Division 1 (Alternative Dispute Resolution) – Chairman of Steering Committee (2010-2012) American Bar Association Forum on the Construction Industry – Member of Technology Committee (active in organization of American Bar Association Forum on the Construction Industry podcast program) Montana Interim Legislative Joint Committee of the House and Senate, July 2008 (testified to Committee regarding operation of lien law, insurance and bonding in response to public forum on residential construction defects) Montana Interim Legislative Joint Committee - Residential Construction Working Group, August 2008 (served as consultant to the Committee regarding proposed legislation concerning residential construction defects) State Bar of Montana Professionalism Committee’s New Lawyers’ Workshop 2006, 2010 and 2012, Bozeman, Montana (served on Faculty) State Bar of Montana - Fee Arbitration Panelist - 18th Judicial District - (appointed to serve as a panel arbitrator for a 3-year term, June, 2009 to June, 2012) Moderator of the State Bar of Montana Construction Law Institute (2005 through 2014) U.S. Green Building Council, LEED Green Associate (March, 2012)

    Pro bono/Community Service:

    • Guardian Ad Litem in Gallatin County, Bozeman, MontanaBozeman Help Center (24-hour crisis counseling service) - Former PresidentGallatin County Chapter of MADD - Founding MemberGreater Gallatin United Way (Long-standing Board Member and former Chairman)Montana Council of Boy Scouts of America (former Cub Scout Leader and Assistant Scoutmaster)Family Promise of Gallatin Valley - Board Member

    Scholarly Lectures/Writings:

    • Adjunct Faculty Member, Montana State University, Bozeman, Montana, College of Engineering (2011 to present) Member of Academic Committee creating curriculum for the Professional Masters of Science and Engineering Management Program (September 2011 to 2014) Lecturer, Montana State University, College Of Engineering - Engineering Ethics & Professional Practice (2006 to present), Professor Lecturer, Adjunct Professor Montana State University, College of Engineering, College Of Engineering, 2020

    Other Outstanding Achievements:

    • The only lawyer in Montana to be elected to the American College of Construction Lawyers

    Videos:

    • Mr. Tarlow is the creator and host of the ABA Forum’s podcast “Construction Law Today” which is available on a variety of platforms including PodBean, iTunes, The Google Play Store, and Spotify., Construction Law Today, Construction, 2020

    Educational Background:

    • B.A. - 1981 - University of Connecticut (with distinction in Economics, cum laude)J.D. - 1985 - Boston University School of Law, 1981

    Industry Groups

    • Architecture
    • Construction
    • Engineering
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    Office Location for John H. Tarlow

    1705 West College Street
    Bozeman, MT 59715-4913

    John H. Tarlow:

    Last Updated: 3/21/2020

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