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Bret R. Gunnell

Bret R. Gunnell

633 Seventeenth Street
Suite 3000
Denver, CO 80202

Phone: 303.299.8242
Fax: 303.298.0940
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Areas of Emphasis

Construction
Real Estate
Alternative Dispute Resolution
Commercial Litigation

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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)