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Commercial Disputes

Our Colorado business litigation and dispute resolution practice is varied and extensive. Our attorneys are regularly in court presenting cases and arguments to judges and jurors. We also provide representation for our clients in front of administrative bodies, both state and federal. Whether in negotiation, mediation, arbitration or in the courtroom, our approach with your case will be suitably aggressive and practical. We understand that in business, a scorched earth litigation policy may not be the most appropriate if relationships need to be maintained. Our trial and business dispute practice is also geographically dispersed. We handle cases across Colorado from the Denver metro area to the Western Slope and mountain towns. We handle or supervise litigation in other states across the country and associate with local counsel when necessary. 

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Business Disputes

It is common for attorneys to seek a negotiated settlement for business disputes, but settlement results in business disputes and lawsuits vary greatly. Our firm approaches each case as if it will go to trial. Even during negotiation or mediation, we are conscious of the possible future trial, and we consider the ramifications of each position we take and how it might persuade a judge or jury. In our experience, achieving the best results for our clients comes when our opposition knows our resolve and ability to win business cases in the courtroom.

We understand how to simplify complex business disputes. We try a lean and highly structured case focused on the core theories of the dispute. Helping our clients understand the best strategic plan and litigation and courtroom procedures is essential for our clients to feel comfortable with the process. Because we have hands-on business experience and an extensive understanding of the transactions underlying business, our complete approach to business disputes also informs our clients of how to minimize exposure to risk in the future.

  • Breach of Contract
  • Royalty, and Licensing Enforcement
  • Disputes between Partners, Shareholders, and Investors
  • Lawsuits against Former Employees in Non-compete Disputes and Trade Secret Claims
  • Claims of Breach of Fiduciary Duty and Business Fraud
  • Governmental Citations, Regulatory h
  • Hearings and Administrative Actions
  • Payment Disputes with Vendors, Suppliers, Consultants, Representatives and Customers
  • Business Dissolutions
  • Insurance Claims and Coverage Disputes
  • Employment Disputes and Claims
  • Post-judgment Collections including Fraudulent Transfer of Assets and “Piercing the Corporate Veil”
  • Contract Disputes
  • Title Defects
  • Title Insurance Claims
  • Co-ownership Issues
  • Entity Ownership
  • Management
  • Landlord-Tenant Issues
  • Surveys & Area Shortages
  • Encroachments
  • Title Warranties
  • Boundary Line Problems
  • Easements
  • Access Rights
  • Water rights
  • Eminent Domain
  • Adverse Possession
  • HOA Matters
  • Borrower-Lender Disputes

Real Estate Disputes

Our clients' real estate investments are often a significant part of their assets and planning. Our hands-on Colorado real estate practice is focused on avoiding future problems. When a real estate dispute arises, our firm brings its experience in real estate transactions to achieve our client's goals through negotiation or in the courtroom. Our lawyers' real estate litigation experience ranges from Denver to the Western Slope, handling issues involving big urban lofts to rural easement disputes.

Insurance Disputes

You purchase insurance to protect you, your family, and your business. When the insurance company fails to pay a claim, it can be grounds for a case against the insurance company to obtain the coverage you are entitled to, and, in appropriate cases, for bad faith or statutory damages under Colorado law. Based in Denver, our attorneys handle insurance disputes throughout Colorado. Upholding the contract with an insurance company is one aspect of an insurance claim. In Colorado, statutory provisions also provide for damages of double the amount where an insurance company has improperly delayed or denied your claim, and may also provide attorney fees. We help our clients hold their insurance companies accountable. We are also retained by insurance companies to defend their insureds under the insurance policy.

  • Wrongful Denial of Coverage
  • Inadequate Payment under Policy
  • Coverage Issues
  • Insurance Company Bad Faith
  • Litigation Coverage
  • Errors and Omissions
  • Officer & Director Claims
  • Insurance Defense
 
  • Construction Defects
  • Breach of Contract
  • Mechanics Liens
  • Subcontractor Disputes
  • General Contractor Claims
  • Contract Disputes

Construction Disputes

Our construction law practice based in Denver handles construction and construction defect cases throughout Colorado. We represent individuals, homeowner associations, general contractors and subcontractors. In active construction defect claims and lawsuits, including jury trials, we have handled claims involving development projects as a whole, and localized construction defect claims involving design work, workmanship, warranties, materials (including defective concrete), roofing issues, and landslides.

Our Colorado construction practice also involves payment disputes and lawsuits. We regularly handle payment claims based on contract, use of mechanics liens, representing subcontractors and owners against general contractors who have failed to disburse funds, as well as contractors against owners who have not paid as required by the contract.

Employment Disputes

Employers in Colorado face several obligations under state and federal law. Our practice is not dedicated to either exclusive employee or employer representation, providing perspective and experience for our clients from both sides of these issues. Our practice involves representing clients through all phases of employment proceedings, from investigation through litigation.

Our firm has represented individuals in charges against their employers as well as representing workers company-wide. We also have experience representing employers before state and federal employment agencies, including the Colorado Division of Labor, the Equal Employment Opportunity Division, and where necessary in state and federal court.

Early investigation of employment related disputes is critical. We work with our clients to gather documents, interview witnesses, and preserve electronic data. We believe that early preparation and analysis of a case is particularly critical to win employment lawsuits cases and secure favorable results in cases that are not litigated.

  • Employment Agreements
  • Termination
  • Non-Compete Agreements
  • Non-Disparagement
  • Non-Solicitation
  • Benefits
  • Severance
  • IP Ownership and Confidentiality
  • Discrimination
  • Administrative Hearings
  • Defaults
  • Foreclosures
  • Claims on Promissory Notes
  • Work-Outs and Stand-Still Agreements
  • Lender Liability
  • Receiverships
  • Guarantees
  • Loan Servicing
  • Fair Debt Collection

Financial and Lending Disputes

We represent financial institutions, borrowers and lenders in all phases of mortgage and lending litigation disputes as well as matters involving other types of secured transactions. In matters involving complex proceedings and underlying financial transactions, our financial services practice provides foundation and background to advise borrowers and lenders in the resolution of their disputes. In connection with our active real estate practice, we also represent parties in lending disputes concerning title, title insurance, and lien priority issues. Our office regularly works with accountants, title companies, lenders, appraisers and property managers in directing multidisciplinary approach to financial disputes.