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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. Davis Graham & Stubbs LLP attorneys represent clients in all aspects and phases of these disputes, both in the courtroom and in arbitration proceedings in the context of commercial, industrial, or residential projects. We frequently litigate disputes involving delay claims, engineering and design defects, failure to construct per plans, expansive soils, and others. We work with clients in all aspects of the industry – builders, developers, design professionals, general contractors, subcontractors, and suppliers – to keep them current with the latest 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 construction and demolition contracts, architectural, construction management and engineering contracts, build-to-suit and development agreements, tenant improvement build-out, urban infrastructure contracts, and contracts for specific industries such as schools, medical offices, power generation, warehousing, and data centers. We work with clients in all aspects of the industry – public and private owners, builders and developers, design professionals, general contractors, design-builders, subcontractors, and suppliers of construction components and products.

Representative Experience

  • Breach of Contract Against EPC Contractor: DGS represented two of the top five gold producers in the world in a dispute against a global engineering firm that had been engaged to provide engineering and related professional services as part of a $100 million project to design and construct a high-grade ore processing mill in Colorado. The services provided were defective on multiple levels, including the engineering and design of the mill building (a substantial structure about nine stories tall and the footprint of a football field) and the specification of certain equipment used to process ore. After a three-week arbitration hearing that included testimony from more than 20 witnesses, numerous technical experts, and 250 exhibits, the arbitrators issued an award affirming the claims brought by the gold producers.
  • Mechanics Lien Recovery: DGS represented a subcontractor in recovering more than $3.3 million on a mechanic’s lien claim against a luxury hotel. The case required the assertion of liens against the developer, numerous time interval owners, and, ultimately, the assertion of claims in the developer’s bankruptcy.
  • Fraudulent Billing: DGS 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: DGS 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.

Related Attorneys

Jennifer S. Allen

Partner, Commercial Litigation, Class & Consolidated Actions, Antitrust, Construction & Real Estate Litigation, Appellate, White Collar Defense & Investigations

Thomas C. Bell

Senior of Counsel (Retired),

Jonathon D. Bergman

Partner, Commercial Litigation, Securities Enforcement & Litigation, Construction & Real Estate Litigation, Class & Consolidated Actions, Midstream Services, Natural Resources

William A. Bianco

Senior of Counsel, Commercial Litigation, Construction & Real Estate Litigation

Mark Champoux

Partner, Commercial Litigation, Crisis Management, White Collar Defense & Investigations, Natural Resources, Securities Enforcement & Litigation, Products Liability, Toxic Tort Litigation, Construction & Real Estate Litigation, Privacy & Data Security

J. Christopher Kinsman

Partner, Real Estate, Real Estate Development, Real Estate Finance, Construction & Real Estate Litigation

Joel Mayo

Partner, Real Estate, Real Estate Development, Real Estate Finance, Construction & Real Estate Litigation, Clean Energy & Sustainability, Open Space & Land Conservation Transactions

Barbara J. Mueller

Senior of Counsel, Real Estate, Real Estate Development, Real Estate Finance, Commercial Leasing, Open Space & Land Conservation Transactions, Clean Energy & Sustainability

Daniel A. Richards

Partner, Antitrust, Appellate, Arbitration, Class & Consolidated Actions, Commercial Litigation, Intellectual Property & Technology Transactions, Products Liability, Securities Enforcement & Litigation

News & Events

DGS Ranks Among 2023 Best Law Firms

Davis Graham & Stubbs LLP was named among the 2023 U.S. News – Best Lawyers® “Best Law Firms” by publisher...

DGS Ranks Among 2022 Best Law Firms

Davis Graham & Stubbs LLP was named among the 2022 “Best Law Firms” by publisher Woodward/White, Inc. in the latest...

Colorado Supreme Court Clarifies Time Requirements for Asserting Third-Party Claims in Construction Defect Litigation

A recent Colorado Supreme Court case has clarified the statutory tolling provision concerning third-party construction defect claims. In Goodman v...

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...