Colorado Construction Lawyers

Keep Your Projects Going Smoothly With Our Colorado Construction Lawyer

If you’re a developer, contractor, property owner, or subcontractor with a claim, you have certain legal rights and avenues open to you for asserting them. Taking action fast can help save you money and keep your current projects moving forward on time and on budget. Our Colorado construction lawyer can help you resolve the matter to your benefit, including initiating legal action. If you’ve been served with a claim, it’s equally important to act fast. You may have a limited time to reply to the claim or make a counter-claim; otherwise, you may be stuck with whatever the courts decide. Our legal team can help you in these situations, too.

If a legal complication threatens your business success, or you cannot settle a dispute on your own, the attorneys at Volpe Law LLC are here to help you. As experienced Colorado construction litigation attorneys, we’re familiar with each side of a construction dispute, giving us a broad perspective to apply to your case. From addressing delays from subcontractors and suppliers to litigating a breach of contract or filing a mechanic’s lien, we take the appropriate steps to protect your business and preserve your professional relationships. Please contact us today to discuss your matter.

Professional Legal Advice For Common Construction Disputes

Our attorneys represent plaintiffs and defendants in construction disputes; as your legal advocate, we represent your interests alone. We’ve achieved successful outcomes for clients in a broad range of construction industry matters, including:

• Oversight of multi-phase projects
• Breach of contract disputes, representing both plaintiff and defense
• Settling construction deficiencies
• Addressing delay-related compensation claims
• Managing contract agreements in construction
• Handling lien filings and removals
• Securing bonds to override liens
• Challenging and defending against unfounded warranty and lien claims
• Resolving insurance claim conflicts
• Pursuing injunctions through special legal proceedings

We take pride in our ability to arbitrate the most complex, hotly disputed construction conflicts. We combine our decades of experience with a deep knowledge of state and federal laws that apply in each situation. Then, we use our creativity to find a custom solution for your problems.

Protecting Your Enterprise From Financial Loss

We know how thin the profit margins are on some construction projects. One delay in supplies arriving, a subcontractor’s failure to complete a phase of the project on time, or a construction defect that requires a complete rebuild can turn a profitable project into a money pit.

Instead of waiting for problems to solve themselves, we provide ongoing oversight and risk assessment, using proactive approaches to address potential problems. This may be as simple as reminding you of your rights and legal options when you discuss issues with another party or as complex as filing a breach of contract lawsuit for damages.

Many construction companies work closely with professionals in complementary fields, often requiring several specialists to complete a full project. Thus, preserving these relationships is key even when there are problems. Our attorneys handle every aspect of the legal issue, from filing the necessary papers and motions to negotiating with the other party. We can also act as the primary point of communication with the other party to help you preserve your relationship.

CONSTRUCTION DISPUTES

Construction is a very litigious area of law in Colorado. However, many times simple disputes between a homeowner and contractor can be resolved in pre-suit negotiations. We are experienced in helping property owners and contractors alike work through the dispute to achieve a reasonable settlement, which can result in savings of thousands of dollars in attorney’s fees for litigation. However, when negotiation and mediation fails, we are prepared to bring a lawsuit on your behalf and seek compensation for damages.

Some of the most common lawsuits between contractors and property owners involve breach of contract, breach of warranty, negligent construction, fraud, mechanics’ lien foreclosure, unjust enrichment, and consumer protection issues. Other disputes often involve payment disputes between contractors and their subcontractors. If you have a construction dispute, Contact us to discuss your issue to evaluate potential remedies available to you.

CONSTRUCTION DEFECTS

A common dispute we see involves a property owner experiencing defects in a home they purchased from a builder after the build is complete. A construction defect claim can also arise after hiring any sort of contractor to work on a building and finding the work was done negligently. These disputes may also involve commercial buildings and often have many players in the litigation, from developers, to general contractors, to architects, engineers, plumbers, electricians, and subcontractors.

We have a wide swath of experience representing owners, developers, contractors, and subcontractors in these types of cases. If you have received a notice of claim letter or a tender of defense and indemnification letter, or otherwise have knowledge of impending litigation, do not hesitate. Give us a call now to discuss the process and what to expect. If you are a property owner, Contact us to discuss your options for remedying defective construction found in your home or building.

CONSTRUCTION CONTRACTS – REVIEW, DRAFTING & NEGOTIATION

One of the best investments you can make is to have a lawyer review contracts before you enter into business relationships. If you have a construction contract or if you are considering hiring a contractor, please do not sign it or hire the contractor before having an attorney review.

Construction Contracts in Colorado are complex. There are several considerations that come into play when entering into a commercial relationship involving construction. There are real property issues, lending and financing issues, contract law issues, liability considerations, insurance considerations, and statutory construction laws that all must be considered in harmony for a project to be successful.

There is plenty of information available on the internet to assist landowners, developers, and contractors in contract formation and performance. However, this area of law is very complex. We strongly advise that no matter who you are – whether the owner, developer, contractor, engineer, architect, or subcontractor – to contact a lawyer for advice and representation before you sign any contract or enter into any type of construction agreement. In our experience, if you go cheap and forego legal advice at the contracting stage, you are likely to pay dearly on the back end once litigation ensues.

Contact us to review any proposals and agreements before signing. The cost of a contract review and complimentary discovery call pales in comparison to the tens of thousands of dollars you will spend in attorney’s fees and costs if and when a dispute arises. It is important to ensure any contracts you enter into are well-drafted and protect you to the maximum extent possible.

COMMON DISPUTES IN CONSTRUCTION

• design and construction defects
• defective workmanship and negligence
• unreasonable delays
• failure to provide project accounting and maintain accounts
• change order disputes
• failure to honor an express warranty
• project abandonment after receiving payment for work not performed
• contractor’s failure to pay subcontractors
• invalid or fraudulent lien
• failure to understand a stipulated sum or lump sum contract

Do not jump into a construction dispute alone. Give us a call or Contact us to schedule a complimentary discovery call.

Skilled Legal Advice in Construction Disputes and Litigation

Construction disputes can crop up at every phase of your project, from obtaining the right permits, settling questions of proper zoning and land use, addressing contractor and subcontractor performance, and dealing with cost overruns or supply chain issues. Our Colorado construction lawyer protects your project at every step.

Types of Construction Legal Matters We Handle

• Contract Disputes: We interpret disagreements over contract terms, including the scope of work and other obligations.
• Change Order Disputes: Disagreements about the impact of changes and their cost can arise; we can renegotiate the original contract to accommodate the change order or draft a new one to accommodate the necessary change.
• Construction Defects: Addressing issues with workmanship, including the performance of contractors and subcontractors, or with materials, such as receiving sub-par materials, unapproved substitutions, or questions of warranty coverage.
• Lien Claims: We can file a mechanic’s lien against vendors or subcontractors who haven’t performed required work or supplied paid-for materials. We can also appeal a mechanic’s lease if one is placed on your business.
• Lien Foreclosure Actions: We take legal action to enforce a lien placed against real estate or other property, recover payment, or take the matter to court to seek damages.
• Project Delays and Changes: Our lawyers seek damages if foreseeable factors cause a delay in the completion of a phase or project. We can also protect developers if delays are due to an act of nature or supply chain disruption that is out of their control.
• Disruption Claims: We settle disputes that arise when changes in the project’s schedule or scope increase costs or disrupt the completion timeline.
• Design and Planning Disputes: Demand corrections of errors or omissions in the project’s design and settle disagreements about the project’s specifications, drawings, and blueprints.
• Payment Disputes: We negotiate solutions when disagreements arise about the amount of payment owed or the timing of payments. We represent general contractors, vendors, subcontractors, real estate owners, and developers.
• Regulatory Compliance Issues: Our firm represents you in disputes relating to permitting or zoning, land use, and address building code violations. We also represent you in matters related to environmental impact and compliance.

Why Experience Matters in Construction Law

A successful outcome for construction claims and disputes in Colorado rests on your attorney’s knowledge of Colorado construction laws, building codes, and the legal avenues available to resolve the matter and secure damages.

• Senior attorney David Tscheschke is a member of the bar in Colorado, Massachusetts, Texas, Kansas, and Missouri. As your business expands, he can represent your interests in several states.
• Prior to founding Volpe Law, founding partner Ben Volpe was a prominent insurance defense firm in Denver, handling multi-state construction defects, breach of warranty, and general liability litigation. He understands how the other side thinks in construction disputes and uses this to his clients’ advantage.
• Ben Volpe was honored by Martindale-Hubbell® with the Client Champion Award, Gold Level, in 2022

Volpe Law, LLC, delivers a straightforward, clear vision to resolve your construction dispute efficiently. We advocate for your interests and protect your investment. Please contact us today for a complimentary discovery call.

6 Reasons Construction Projects End In Legal Disputes

Construction projects involve a lot of moving parts: multiple participants and phases, strict deadlines for phase completion, and often significant amounts of money, too. And, even with the best planning, construction project disputes can crop up. Our construction lawyers practicing in Colorado have seen any number of legal problems arise between owners, contractors, subcontractors, developers, and investors. Understanding the common causes of construction disputes can help you take steps to avoid costly legal trouble.

1. Poorly Drafted or Incomplete Contracts

Even if your construction job starts with a handshake deal, you should follow it up with a clear, detailed contract outlining the specifics of the agreement. Good business contracts should be very precise about the terms of payment, deadline for completion, and proper execution of the contract. Without clear expectations in the contract, misunderstandings are inevitable, and some can end up in civil court.

2. Payment Disputes

Late payments, failure to pay, and underpayments are common in the construction industry. Although you have the option to place a mechanic’s lien in cases of non-payment, that process can be long and costly. Instead, include payment terms and acceptable methods of payment, any milestone triggers, and lien rights in each of your contracts, including those between subcontractors. Our construction lawyers ensure that each contract follows Colorado’s payment law provisions.

3. Project Delays and Missed Deadlines

Some delays may be out of your hands, but regardless of the cause, delays are costly. Your contracts should include provisions for delays, including your right to damages and force majeure clauses. If you encounter delays, document them thoroughly in case you have to argue the matter in court.

4. Defective Work or Construction Errors

Setting clear expectations for acceptable work can help avoid construction defects or subpar workmanship. Conduct regular inspections of the site so you can quickly correct any deviations from your standards. Ensure all your contractors and subcontractors are properly licensed and trained in Colorado and national building codes, including the NEC. For your own protection, keep detailed records of your inspections and log all the materials used in case a defect claim is filed against you.

5. Change Orders and Scope Creep

Any time the scope of work changes, it’s important to issue written change orders that detail the proposed changes, any cost increase, and the reason for the change order. Some owners may refuse to pay for extra work, so as a contractor or subcontractor, it’s important to cover yourself. As an owner, carefully review the need for a change order to ensure it’s a necessary alteration of your initial agreement.

6. Communication Breakdowns

Poor communication and misunderstandings can lead to disputes where neither party is clearly in the wrong. Failure to properly communicate who is responsible for what, how changes are to be handled, and the nature of what was promised can quickly escalate. Before you start your project, make sure that your expectations are aligned with each contractor and subcontractor, and regularly communicate project updates, inspection results, and potential changes clearly and in writing.

Our Construction Lawyer Helps Avoid Common Colorado Construction Disputes

Many construction disputes can be prevented with proactive planning, clear communication, and solid, written contracts. Our legal team can help in all of these areas and, should an irresolvable dispute persist, initiate legal action on your behalf. Contact Volpe Law LLC today for legal guidance.

FEES

A $5,000 retainer is required for all pre-litigation dispute cases, while active litigation matters have a minimum retainer of $10,000. As of 1/1/2025, attorney rates vary between $275 – $400/hour. These hourly rates are paid by the retainer account. Fees and retainers for contract reviews and smaller projects vary, with some cases best suited for a 1-2 hour paid complimentary discovery call at $350 per hour or $700 for two hours. All retainers are evergreen and refundable. Please call to inquire for further details.

DISCLAIMER

The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may contact us by completing our complimentary discovery call.