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Practice Areas Construction Arbitration, Mediation, and Litigation Construction Law and Contracts Experience David’s primary area of practice is construction law. He represents general contractors, subcontractors, suppliers, owners, and sureties, and provides advice regarding planning and dispute avoidance as well as dispute resolution through negotiation, mediation, arbitration, and litigation, and drafting and negotiation of construction contracts and other documents, in both private and public construction. David’s practice has included the following: Represented a painting contractor in disputes with the owner of two large apartment complexes; the issues included statute of limitations and other procedural issues; technical analysis of coatings and other expert testimony; contract interpretation; and damages and measure of damages Represented the general contractor and a subcontractor on a major road and bridge project; the matter involved delays, differing site conditions, measure of damages, contract interpretation and enforcement, waiver or release, defective plans and specifications, and other issues Represented a major heavy-highway and paving contractor in disputes arising from construction of runways at Denver International Airport; the issues included compliance with specifications, contract interpretation, technical materials-testing disputes, damages, and alleged falsification of concrete test results. Represented a major steel fabricator in a dispute with the general contractor regarding fabrication of massive steel components; issues involved delays, inefficiency, sequencing of work, scheduling issues, and technical welding issues. Represented a surety which took over a project upon default of the principal; issues involved priority of different types of claims against contract balance, propriety of payments under payment bond, subrogation, and other issues. Represented two subcontractors in disputes arising from construction of privately owned structures on publicly owned property; issues included the validity, extent, and value of mechanics liens on such structures, performance and breach of contract, and measure of damages. Represented supplier of granite and marble for construction of a luxury hotel in a resort area; issues included delays, bonding, damages, and bankruptcy issues. Represented the owner-developer of a loft-conversion project in lower downtown Denver in disputes with a former general contractor for the project; the matter involved two court actions and a two-week arbitration hearing; issues included mechanics liens, contract termination, measure of damages, and discovery and other procedural issues. Represented the former owner of a large hospital and medical office building complex in disputes arising from alleged construction and design defects in the parking levels underlying the hospital; issues included nature and extent of defects, warranties, disclaimers, successor liability, and damages. Represented a site work contractor in a dispute with the developer of a regional shopping center; the arbitration involved three weeks of hearings spread over a four-month period; the issues included delays, termination, performance, costs of completion, surety issues, and technical soils engineering and hydrologic issues. Represented a subcontractor in connection with a wrongful discharge claim by a former employee; issues included employment at will, the Americans with Disabilities Act, mitigation, and other damages issues Represented a steel fabrication subcontractor in a dispute with general contractor arising from refurbishing of a historic building into a federal courthouse; issues included interpretation of drawings and contract documents and Miller Act issues. Represented the operator of an oil well in a dispute with a working interest owner arising from the original mislocation of the oil well; issues included validity and accuracy of the original government survey in 1882, the effect of a government resurvey in 1990, interpretation of several provisions contained in a joint operating agreement, and existence and measure of damages Managed local counsel in negotiating and resolving substantial differences between a subcontractor and general contractor arising from construction of a student housing complex at a University of California campus; issues included delays, defective plans, excessive changes, and delays in approval of shop drawings and pay requests. Drafting and negotiation of contracts, subcontracts, purchase orders and other documents. Arbitrated and mediated many construction disputes over twenty-five years, involving myriad issues including contract interpretation, delays, inefficiency, design and construction defects, differing site conditions, damages, mechanics liens, and surety and insurance issues. Counseling of contractors, suppliers, and owners in all aspects of the construction process from bidding and contract issues through performance and resolution of disputes.Education B.A., Claremont McKenna College (1966) J.D., University of Colorado, Boulder (1973), Law Review Professional Recognition.The Best Lawyers in America® 2008, Construction Law Super Lawyers® Construction/Surety and Construction Litigation, 2007, 2006.Chambers USA, America’s Leading Lawyers for Business, top ranked in Construction and Real Estate, 2008, ranked since 2005. Professional and Trade Associations American Arbitration Association, Construction Industry Arbitrator and Mediator American Bar Association, Forum on the Construction Industry Colorado Bar Association, Construction Law Forum, past chairman Civic Associations Associated General Contractors of Colorado, board of directors; legal advisory committee, chairman; associate council, president Professionals for Colorado Contractors Council, past president Admitted to Practice (State) Colorado. |
