Member
Areas of Emphasis
Construction
Real Estate
Alternative Dispute Resolution
Commercial Litigation
Representative Matters
- Obtained bad faith jury verdict, entailing double damages and attorneys' fees, against general liability carrier for its unreasonable delay and denial of coverage for damages arising out of a construction accident
- On behalf of subcontractor, obtained jury verdict against lower-tier subcontractor in payment dispute
- Obtained defense verdict on $27 million in claims brought by EPC contractor, and recovered $5 million in extra work and changed conditions claims on behalf of marine contractor, on Mexico power plan project involving construction of $22 million underwater pipeline.
- Prevailed in bench trail, recovering $2 million in damages and attorneys fees, on behalf of girder supplier in disputed termination of a $7 million subcontract on a highway construction project, which judgment was affirmed on appeal by the Utah Supreme Court in a published opinion (210 P.3d 263)
- Obtained $1 million verdict (including attorneys' fees) on behalf of general contractor against a subcontractor after two-week jury trial involving delay and defective work claims on a mountain condominium resort development, and a defense verdict on $0.5 million in counterclaims.
- Prevailed in arbitration over a termination and payment dispute on behalf of a general contractor against the developer of a multi-family residential construction project, which award was affirmed by the Colorado Court of Appeals in a published opinion (181 P.3d 283)
- Represented general contractor against owner, insurers and subcontractors in $12 million of extra work/construction defect claims over construction of $70 million high-rise assisted living facility.
- Represented owner against general contractor in $2.5 million in construction defect claims in construction of an $8 million wastewater treatment facility
- Represented subcontractor against general contractor in $1.2 million mechanic's lien claim over construction of $6 million structural steel system for hotels.
- Represented general contractor against owner/developer in $11 million mechanic's lien claim over construction of $80 million 8-story hotel and condominium complex.
- Represented owner against design-builder in $2 million claim over design and construction of a specialized medical facility
- Represented general contractor against owner in $27 million of extra work/delay claims over construction of $193 million buried highway tunnel.
- Represented general contractor against owner and subcontractor in $7 million of extra work, delay and defective construction claims over construction of $10 million highway bridge.
- Represented owner in contract negotiations with designers and contractors of over $500 million in hospital facilities
Professional Activities
- Member of American Arbitration Association's panel of construction neutrals
- Graduate-level instructor, "Legal Aspects of Construction," Colorado State University
- Admitted in state and federal courts - Colorado (1994), Utah (1995)
- Member, Construction Section - Colorado Bar Association, American Bar Association
Publications and Presentations
- "Adverse Weather and the Construction Process," Construction Briefing, Federal Publications, Inc., 1998-6
- "Interpreting and Enforcing Unsigned Construction Contracts, "Construction Law Notes, Sept. 98
- "Claims for Lost Profit, Proving and Pricing Construction Claims," Wiley Law, 1996
Education
- Juris Doctor, with honors, University of Texas School of Law, 1994
- Order of the Coif
- Associate Editor, Texas Law Review
- Master of Science in Engineering Management, with distinction, University of Missouri at Rolla, 1986
- Bachelor of Science in Civil Engineering, Brigham Young University, 1985
Honors and Awards
- Colorado Super Lawyers (Construction) 2008-Present
- Continental Who's Who 2007-08 (Construction Law)
- Chambers USA Registry 2007-2010 (Construction)