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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 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.

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