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, give us a call to discuss your issue to evaluate potential remedies available to you.
Construction Defect Litigation
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 int 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, give us a call 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. The cost of a contract review and consultation 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.
One of the most common disputes we receive calls about are conflicts between contractors and homeowners. This often leads to the homeowner threatening to not pay the contractor for work or the contractor threatening to record a mechanics' lien against the homeowner's property. Having a mechanics' lien on your property is a serious issue that needs to be resolved. Likewise, not being paid for providing improvements to someone's property is a serious issue affecting a contractor's livelihood. We represent both homeowners and contractors on these issues. If you have a construction or contract dispute involving construction, give us a call to determine how to proceed. If you are a contractor, we can record a mechanics' lien on your behalf and walk you through the process, up through and including foreclosure and breach of contract litigation if needed. If you are a homeowner, we can help you with dispute resolution, up to and including breach of contract litigation, removal of the mechanics' lien, and construction defect litigation, to name a few.
Real Estate Law
Real Estate Litigation
Real estate law is one of those areas of law most people cannot avoid. At some point in everybody's life, they will sign some form of real estate contract, whether it be for ownership or lease. These contracts will also often signify one of the biggest financial investments you will ever make. Unfortunately, it is very common for real estate disputes to develop. We handle a variety of real estate disputes, including non-disclosure/concealment, boundary disputes, easement disputes, adverse possession, Homeowner's Association (HOA) disputes, and landlord-tenant disputes. No matter the issue, give us a call to discuss your options.
Landlord and Tenant disputes are a huge subset of the real estate disputes that arise. We handle both residential and commercial leasing issues, and, we represent the full spectrum of parties involved, including landlords, owners, property managers, and tenants. Many people have experience with residential leasing at some point in their life, and anybody with a small business probably has experience with a commercial lease. Much of what we do involves some form of contract or breach of contract dispute, which usually involves a lease agreement or addenda. However, there are usually multiple issues involved, including security deposit act violations, property damages, unlawful evictions, negotiating an early lease termination, and enforcing the covenant of quiet enjoyment and warranty of habitability. We've successfully helped many clients, including both landlords and tenants, resolve disputes both with and without court intervention. Whether you are on the tenant or landlord side does not matter to us. We represent all of our clients vigorously and aggressively, and in our view, litigating on both sides gives us more insight into both perspectives and potentially, how a judge would view the dispute.
Real Estate Contracts and Agreements
The firm is experienced in drafting and negotiating various real estate contracts, purchase agreements; commercial and residential leases; easements; property management contracts, handbooks, and agreements; business arrangements for investment properties; independent contractor and agency agreements; and various other real estate contracts and agreements.
If you are a real estate broker and need support or advice on a point of law you are unsure about with respect to any of these types of agreements or transactions, do not hesitate to give us a call to discuss. Real estate brokers are bound by a complex set of regulations enforced by the Department of Regulatory Agencies (DORA) Division of Real Estate. If you are a broker and have any questions about a particular agreement, contract term, trust/escrow account, property management setup, etc., give us a call. We provide support to many real estate agents as questions arise.
We also frequently assist homeowners, business owners, and commercial property owners with contract review and drafting. If you have any questions or misgivings about what might constitute the biggest investment of your lifetime, please do not hesitate to call.
Civil Liability, Casualty, and Commercial Litigation and Arbitration
If you have been sued or are contemplating suing someone, whether it involves general casualty, personal injury, breach of contract, business disputes, or otherwise, please give us a call for a free consultation. We can help you evaluate your rights and options and determine a path forward. We usually make demands and attempt dispute resolution prior to filing suit, and the way to do that often depends on whether a contractual dispute resolution provision is involved and whether any statutes govern the dispute. However, every situation is unique and sometimes a lawsuit needs to be filed quickly. Furthermore, if you are on the receiving end of litigation or threatened litigation, you need to act quickly so as to not miss any court deadlines or waive any rights or defenses. We are experienced defense litigators and will step in to defend you aggressively.