Representative Matters

DISPUTE RESOLUTION

• Represented developer in litigation, mediation and/or settlement of a number of design and construction defect matters relating to condominium projects in downtown Denver and the Vail Valley, including door and window, building envelope, deck, sound transmission, HVAC system and other issues.
• Represented general contractor in complex mechanics' lien foreclosure action over hotel project in Vail; obtained $14.6 million settlement for general contractor after two years of litigation and owner bankruptcy.
• Represented homeowners' association regarding construction defect issues; advised board of directors on notice of claims, investigation, experts, mediation and settlement negotiations; obtained repair-based settlement, extended warranty and payment of client's attorneys' fees.
• Assisted non-profit owner of low-income elderly housing project on the Western Slope determine cause of, and pursue design and construction defect claims relating to, unusual soil conditions and significant building movement and damage.
• Represented general contractor in complex mechanics' lien claim relating to condominium project in Avon.
• Lead counsel for general contractor on claim against subcontractor over failure of standing seam metal roof at school building in Kremmling.
• Won dismissal of insurance company's subrogation claim against subcontractor and obtained order that plaintiff pay client's attorneys' fees.
• Helped municipal owner favorably resolve lawsuit over design and construction of wastewater treatment facility in southern Colorado.
• Obtained multi-million dollar settlement of surety bond claims for national utility infrastructure subcontractor.
• Won temporary restraining order and preliminary injunction for Swedish computer software company in copyright infringement action.
• Won summary judgment and appeal for telecommunications client in putative consumer class action.
• Obtained complete summary judgment for financial institution client in case arising from fraudulent deed of trust investments.

CONTRACT PREPARATION AND NEGOTIATION

• Advised large general contractor on response to RFP, contract provisions and major risks relating to proposed public projects of $178-$200 million.
• Represented general contractor in negotiations with owners over terms of construction contracts valued from $10 million to $30 million.
• Revised general contractor's standard subcontract and purchase agreement.
• Advised general contractor on 2007 changes to AIA contract documents.
• Revised homebuilder's standard purchase and sale agreement for sale of new homes in Denver.
  
  APPELLATE MATTERS

• Mesa Cty. Bd. of Cty. Comm'rs, et al. v. State of Colorado, et al., 203 P.3d 519 (Colo. 2009) (holding Senate Bill 07-199 relating to school district property tax mill levy rates is constitutional under Taxpayers Bill of Rights ("TABOR") provision of the Colorado Constitution)
• Bruce v. Pikes Peak Library Dist., 155 P.3d 630 (Colo. Ct. App. 2007) (affirming summary judgment for district in TABOR case)
• Transcontinental Ins. Co. v. Denver Drywall Co., No. 2004CA899 (Colo. Ct. App.) (appeal fully briefed; settled before decision)
• First Trust Corp. v. Bryant, 410 F.3d 842 (6th Cir. 2005)
• Pruitt, et al. v. Comcast Cable Holdings, LLC, No. 03-1297, 2004 WL 1226935 (10th Cir. June 3, 2004), cert. denied, 543 U.S. 1020 (2004)
• Bangert Bros. Constr. Co., et al. v. Kiewit W. Co., et al., 310 F.3d 1278 (10th Cir. 2002)
• Stevens v. First Trust Corp., No. 98CA2209 (Colo. Ct. App. Nov. 18, 1999) (unpublished)
• Huntoon v. TCI Cablevision of Colorado, Inc., 969 P.2d 681 (Colo. 1998)
• Godat Family P'ship, Ltd. v. Mountain Star Ltd. Liab. Co., No. 96CA1383 (Colo. Ct. App. Nov. 13, 1997) (unpublished)

Professional Activities

• Admitted Tenth Circuit, 1992; Colorado, 1993; Sixth Circuit, 2002; U.S. Supreme Court, 2004
• Adjunct Professor, Construction Law, University of Denver Sturm College of Law, Spring semester 2013
• Faculty, National Institute for Trial Advocacy, Building Trial Skills: Rocky Mountain, 2013
• Member, Vote No 40 Steering Committee, 2006 (defeated judicial term limits)
• Member, Denver Metro Chamber Foundation Leadership Denver Class of 2004
• Board Member, Colorado Fourteeners Initiative, 2012-present
• Board Member, Golden Gate Fire Protection District, 2004-2005
• Board Member, Colorado Mountain Club, 2002-2004
• Volunteer, Habitat for Humanity of Metro Denver, 2007-present

Publications and Presentations

• Regular speaker at Sherman & Howard's Annual Construction Law Seminar, 2001-present
• Speaker at several construction seminars sponsored by Lorman Education Services, 2007-2011
• Speaker, Colorado Municipal League's Annual Seminar on Municipal Law, "Public Construction Projects and the Colorado Public Works Act," September 28, 2012
• Speaker, Associated General Contractors/Colorado Future Leaders Forum on "Managing Risk/Dealing with Claims," June 21, 2012
• Guest lecturer, Legal Aspects of the Construction Process Class, Colorado State University, February 1, 2012
• Guest lecturer, Construction Law class, University of Denver College of Law, March 31, 2009
• "Contractor Consents to Assignment: Pitfalls and Practical Advice for Contractors," AGC Colorado eNews (September 7, 2011) by Associated General Contractors/Colorado
• "Civil Litigation Under the Colorado Organized Crime Control Act-Part I," 37 The Colorado Lawyer 69 (July 2008). 
• "Civil Litigation Under the Colorado Organized Crime Control Act-Part II," 37 The Colorado Lawyer 67 (August 2008).

Education

• Juris Doctor, summa cum laude, University of Illinois College of Law, 1991
  • Editor-in-Chief, University of Illinois Law Review
  • Class Rank Number 2, Class of 1991
  • Order of the Coif
• Master of Science, University of Missouri-Columbia, 1984
• Bachelor of Science, cum laude, University of Missouri-Columbia, 1981

Previous Experience

• Law Clerk to Hon. James K. Logan, U.S. Court of Appeals for the Tenth Circuit, 1991-1992
• Special Assistant City Attorney, Denver, prosecuted domestic violence cases, 1995