Construction Claim Litigation

• Three-week 2025 federal jury trial for an international oil and gas refinery contractor in the United States District Court for District of Montana against a top five global oil company on a dispute relating to a $160 million refinery turnaround mechanical construction project. The jury verdict awarded client $64 million in damages and rejected the refinery owner’s consequential damages counterclaim; pending judgment for additional interest, Montana Prompt Payment Act Penalties, attorney fees and expenses.   
• Four-week 2024 federal jury trial for an international highway engineering client in the United States District Court for District of Colorado against a design-build contractor on a dispute relating to a $500 million, 13-mile highway expansion project. Jury verdict awarded client $5.25 million in damages and rejected the entirety of the defendant’s $260 million in counterclaims; Court awarded client $14.2 million in attorneys and expert witness fees and costs.
• Represented a major general infrastructure contractor on a regional highway and light rail project in a state court trial; obtained judgment on fraud and veil-piercing claims against subcontractor.
• Obtained a vacation of a $18.5 million construction defect jury verdict against an officer and director of a publicly traded REIT.
• Defense of a multi-state public utility in arbitration and federal court actions surrounding the installation and performance of automated meter reading and data management utility infrastructure and equipment.
• Representation of an international food company in the defense of contractor scope and delay claims relating to the construction of manufacturing plants.
• Represented a national hotel developer in multiple civil actions and arbitration proceedings relating to design, construction defect and delay claims.
• Defense of an international oil and gas producer on claims by general contractor of design deficiencies, wrongful termination and delay damages.
• Representation of an international luxury hotel and condominium developer in litigation, mediation and arbitrations of design/construction and warranty claims.

Complex Civil Litigation

• Prevailed in a landmark 2016 eminent domain case before the Colorado Supreme Court establishing that the Colorado Department of Transportation lacked condemnation authority to take client U-Haul’s property. The holding established that CDOT’s Chief Engineer acted without condemnation authority after 1994, when Colorado’s Transportation Commission unlawfully delegated its condemnation power.
• Defense of an international oil and gas producer in federal jury trial of breach of day drilling contract claims.
• Obtained a $7.75 million Judgment and Permanent Injunction on trademark, copyright, cyber-squatting and deceptive trade practice claims for the family-owned international distributor of Salba™ registered varieties of organic chia seeds.
• Represented a water project developer in defense of investor securities fraud claims.
• Established important Colorado Supreme Court precedent for corporate officer defense of shareholder derivative actions through special litigation committee review.
• Successful litigation of shareholder proxy fight with ultimate appointment of clients’ slate of board of directors.
• Prosecution and defense of post-acquisition "earn-out" disputes in federal, state and arbitration forums, including recent successful defense of an international company in federal court where the court rejected plaintiffs’ $34 million damages model and struck their expert witness and expert report.

Construction Contract Document Drafting, Negotiation and Review

• Ongoing representations of international engineering and construction, global alternative investment, manufacturing, food and beverage, infrastructure, real estate investment trust (REIT) and real estate private equity and real estate lending clients in drafting and negotiating design, construction, EPC, development and construction management agreements
• Representation of publicly-traded oil and gas producers in design and construction contracts for office and field operation facilities.
• Twenty years representing a major Colorado-based regional developer of medical, office, retail and residential projects.
• Due diligence review of construction, design and insurance documents in support of construction, real estate lending and M&A clients.

Litigation of Design Professional Liability Claims

• Represented a utility engineering firm in multiple litigations relating to construction of coal-fired steam-electric generation stations, including design, performance and delay disputes relating to dechlorination system, bag house, cooling tower and flue gas stack refurbishing projects.
• Prosecuted claims against an ethanol plant design-builder arising out of commissioning and performance failures.
• Represented a townhome developer in a multi-week arbitration against a general contractor and engineer relating to the failure of post-tensioned slab-on-grade systems.
• Representation of a casino hotel developer in design claims against an architect.
• Represented an international casino architect in claims against a casino hotel developer.

Investigations

• Represented Colorado and out-of-state attorneys in responding to investigations brought by the Colorado Supreme Court’s Attorney Regulatory Counsel (ARC).
• Represented oil and gas partnerships in responding to a securities fraud investigation by Colorado Securities Commissioner.

International Arbitrations

• Obtained an award in International Centre for Dispute Resolution arbitration of trademark claims for an Argentinian client and against a Canadian corporation with successful confirmation of Award in federal court.
• Prosecuted a series of international arbitration claims under the Uniform Domain Name Dispute Resolution Policy (UDRP) through the WIPO Arbitration and Mediation Center.