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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 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 due to defects and expansive soils problems to outright failures in commercial and industrial facilities. Our construction and real estate lawyers work with our environmental specialists to advise and represent companies on environmental compliance and remediation.

Many of our construction and real estate litigation specialists have engineering and contracting backgrounds. They have also worked on 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 – 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 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 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 professions, general contractors, 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.

303.892.7421

Jonathon D. Bergman

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

303.892.7493

Mark Champoux

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