Commercial Construction

Construction Litigation

HHMR’s attorneys have been focused on Colorado construction law and the litigation of construction-related claims for over 20 years. We serve the legal needs of construction professionals, insurance carriers, and self-insureds in matters involving:

• Contract negotiation and disputes
• Defense of class action claims
• Construction payment claims
• Engineering and design failures
• Mechanic’s lien claims
• Surety/payment and performance bond claims
• Water damage claims
• Structural damage and failure claims
• Construction defect litigation defense

HHMR’s attorneys have defended developers and builders in several of Colorado’s largest class action and HOA lawsuits. Our experience in construction defect litigation includes expansive soils, steeply dipping bedrock, grading, drainage, interior slab-on-grade and exterior flatwork, streets and roads, waterproofing and building envelope, and stressed concrete in both commercial and residential settings, including single-family and multi-family (both for sale and for rent) construction.

In those cases where negotiations have warranted settlements, we have negotiated cash settlements, performance-based settlements, and buy-out settlements in cases involving thousands of structures. HHMR’s attorneys routinely advise clients on the Construction Defect Action Reform Act, the Homeowner Protection Act, Colorado’s anti-indemnity statute, and the statutes of limitation and repose applicable to construction claims.

Commercial Construction Litigation

In addition to our extensive experience in litigating residential construction claims, HHMR’s attorneys also represent commercial general contractors and construction professionals in a multitude of claim scenarios.

• In a recent case, we represented a commercial contractor that served as the general contractor for an outdoor lifestyle center with a four-block main street and community plaza surrounded by retailers and restaurants with a construction cost in excess of $150,000,000. The current owner asserted construction defect claims against our client and we were able to prevail on an early motion for summary judgment and subsequently negotiated a settlement by which our client agreed to waive its fees and costs claim as consideration for the owner’s agreement to not appeal the grant of summary judgment in our client’s favor.

• In another recent example, we represented a decking subcontractor in a personal injury case in which a 6’ by 3’ piece of sheet metal fell from a building and struck a worker on the project in the head. The injured worker brought claims for traumatic brain injury and loss of lifetime earnings in the amount of approximately $1 million. After trial to a jury, in which our client admitted liability, the jury returned a verdict in the amount of $75,000, significantly less than our pre-trial settlement offer. Our representation included defense of the plaintiff’s appeal to the Colorado Court of Appeals and his petition for a writ of certiorari to the Colorado Supreme Court. Ultimately the case settled for $125,000, still significantly less than our pre-trial settlement offer.

Recognizing that construction litigation is frequently expensive and time-consuming for defendants and their insurers, HHMR has embraced the use of alternative dispute resolution techniques in Colorado construction cases. Arbitration frequently provides a less hostile forum for a general contractor or developer to present an in-depth defense.

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