Mark Champoux
William A. Bianco
Senior of Counsel
James E. Culhane
Senior Of Counsel
Terry R. Miller

Construction & Real Estate Litigation

In the current Colorado residential, commercial, and industrial building climate, disputes over delay claims, scope changes, defects, unforeseen site conditions and contract termination claims have been inevitable. DGS attorneys represent clients in all of these disputes, both in the courtroom and in construction arbitration proceedings. Our construction lawyers also handle project distress and failure cases, ranging from distress in commercial and residential construction due to design/construction defects and expansive soils problems to outright failures in commercial and industrial facilities. Our construction and real estate lawyers team up with our environmental specialists to advise and represent companies on environmental compliance and remediation. 

Our construction and real estate litigation specialists have engineering and contracting backgrounds and/or experience in countless construction-claim and professional liability matters involving a variety of commercial, industrial, and residential projects. These attorneys work with clients in all aspects of the industry – builders, developers, design professionals, general contractors, subcontractors, and suppliers of building components and products – to keep them current with the newest concepts and contractual considerations.

Construction Contracts

We have attorneys with experience drafting and negotiating construction contracts involving a variety of commercial, industrial, and residential projects for various industries. This experience includes both construction and demolition contracts, architectural, construction management and engineering contracts, build-to-suit and development agreements, urban infrastructure contracts, and contracts for specific industries such as schools, medical office, power generation, warehousing, data centers, and water treatment facilities in connection with coalbed methane development. We work with clients in all aspects of the industry – public and private owners, builders and developers, design professions, general contractors, subcontractors, and suppliers of construction components and products.

Representative Experience

Mechanics Lien Recovery: Represented a subcontractor in recovering more than $3.3 million on a mechanic’s lien claim against a luxury hotel.  The case required assertion of liens against the developer, numerous time interval owners, and ultimately, assertion of claims in the developer’s bankruptcy.

Fraudulent Billing: Represented the owner of a 20,000-square-foot residence under construction in a dispute with the general contractor. The owner discovered that the general contractor had fraudulently overcharged for labor by hundreds of thousands of dollars.  The owner pursued claims of breach of contract, negligence, fraud, and civil theft.  

Bankruptcy/Creditor’s Rights: Represented the general contractor of a residential and commercial development in the owner’s Chapter 11 bankruptcy. As part of the filing, the debtor and a new lender sought to prime the general contractor’s $3 million lien on the project with a debtor-in-possession loan. We were able to negotiate favorable terms in a stipulated bankruptcy court order.

Improper Termination of Subcontractor: Represented a masonry subcontractor to recover lost profits and pre-judgment interest in a case where the general contractor terminated our client’s contract before any significant performance took place. After a multi-day hearing, the arbitrator agreed that the subcontractor was improperly terminated and awarded the damages.

Subcontractor Dispute: Represented a general contractor on a project to build a $600 million computer chip manufacturing facility, which included the defense of multiple lawsuits brought by more than 20 subcontractors on claims for breach of contract and to enforce more than $100 million in mechanic’s liens. These claims were all successfully resolved through mediation and negotiation.

May 2016

OSHA's Updated Silica Rule

The Occupational Safety and Health Administration (OSHA) has updated its rule on employee exposure to crystalline silica. Please join us for a panel discussion of the new rule and its impacts on construction and oil and gas operations. 

November 2014

DGS Ranks Among Best Law Firms

Davis Graham & Stubbs LLP was named among the 2014-2015 “Best Law Firms” by publisher Woodward/White, Inc. in their fifth edition, which published today. U.S. News and Best Lawyers® have joined forces to position more than 11,000 firms in 87 practice areas based in 178 metropolitan areas and eight states. Firms were ranked across three tiers both locally and nationally based on quantitative and qualitative data gathered from peer and client feedback.

August 2010

Davis Graham & Stubbs Attorneys Top “Best Lawyers” List in Colorado

The newly announced, 2011 edition of the Best Lawyers in America ranks Davis Graham & Stubbs LLP first in Colorado-based law practices for corporate governance and compliance law, environmental law, mergers and acquisitions law, natural resources law, oil and gas law and securities law. This year Best Lawyers recognizes 36 DGS attorneys, including 13 who have been named to the list for at least 10 years. Nearly half (46 percent) of DGS partners are recognized in the definitive guide to legal excellence, in addition to several attorneys of counsel to the firm. Best Lawyers is a peer-review survey of more than 39,000 in-house counsels and private practice attorneys.


November 2009

Press Follows Beck Decision quoted Tom Bell for a story about a decision favorable to Tom's client Beck Residential LLC in its dispute with the bankrupt developer of the Landmark Tower condominium project in Greenwood Village. The story, and a follow-on story, were written by long-time Rocky Mountain News real estate reporter John Rebchook.


Davis Graham & Stubbs Offering Seminar for Construction Contractors on Avoiding Liability in Building Projects

Davis Graham & Stubbs is offering a complimentary breakfast briefing on Thursday, March 15, 8:00-9:00 a.m. in their offices.  The seminar, “Contractor Liability: How to Stay Out of Court” is co-sponsored with CRS Insurance Brokerage and Daniels Benefit Specialists and will inform contractors and subcontractors how to reduce liability risk in building projects by incorporating indemnity and arbitration clauses in their contracts and insurance policies.