Cherry Creek Construction Lawyers – Strategic Project Defense & 2026 Reforms
Trial-Ready Advocacy for the 2nd Judicial District
In Cherry Creek, construction litigation in 2026 is defined by a landmark shift toward voluntary mediation frameworks and record-breaking statutory transparency. Whether you are a developer launching a luxury multifamily project in Cherry Creek North, a general contractor managing a high-rise on Speer Boulevard, or an HOA navigating the CDARA process in the 2nd Judicial District, your legal strategy must be “trial-ready” from the first notice of claim.
At Burnham Law, we specialize in high-leverage construction counsel. We understand that in 2026, a single failure to provide the mandatory 60-day document disclosure can waive your right to designate non-parties at fault. We provide the data-driven advocacy necessary to protect your margins, resolve defects, and navigate the complex 2026 Multifamily Construction Incentive Program.
Andrew is a seasoned attorney with over a decade of experience in navigating complex legal challenges. He has successfully represented clients in a wide variety of cases, including consumer protection matters, breach of warranty claims against major automotive manufacturers, mass tort litigation, and disputes with oil and gas companies. Andrew's approach is to combine meticulous preparation with practical problem-solving, a strategy that has consistently led to favorable outcomes for his clients. Throughout his career, Andrew has resolved hundreds of cases in state and federal courts, as well as in binding arbitration. His dedicated work has resulted in millions of dollars in recoveries for his clients. He is committed to achieving the best possible results, drawing on his extensive experience to provide comprehensive and effective legal counsel.
Brandon has partnered with business owners across every stage of the business lifecycle. His experience spans pre-litigation, third-party disputes, shareholder derivative actions, and business formation, as well as day-to-day advisory services. He is also a seasoned guide in complex transactions, including sales, mergers, and acquisitions. Throughout his career, Brandon has counseled clients through transactions ranging from several hundred thousand to mid-eight figures. Regardless of the deal’s scale, his objective remains steadfast: to provide a positive, measurable impact on his clients and their long-term business health. Brandon assists clients through all phases of litigation, from initial dispute resolution to mediation and arbitration. His background in transactional law provides him with a unique edge; having drafted the very contracts that often become the subject of legal disputes, he utilizes that intimate knowledge to navigate litigation effectively and help clients avoid future risks. When he is away from his practice, Brandon stays active by golfing and going to the gym. A self-proclaimed bourbon...
Brian Teed is a civil litigation attorney. He specializes in complex motions practice and appeals. Brian earned his Juris Doctor from Arizona State University, where he distinguished himself by interning for federal district judges and working for the United States Department of Justice in Washington, DC. He also served on the executive board of the Arizona State Law Journal and published two articles on constitutional issues. After graduating, Brian clerked on the Arizona Court of Appeals and the United States District Court for the District of Arizona. At Burnham, he has served clients with litigation and transactional needs, whether negotiating, litigating, or advising on the best path forward. Some of his successes include the defense of two six-figure judgments on appeal. From this broad experience, Brian is uniquely positioned to help clients navigate the complexities and stress of civil litigation, including appeals.
Bryon has more than a decade of experience in probate, trust administration, and estate planning. His probate experience includes contesting fraudulent wills and litigating terms of estate plan documents. In preparing estate plans, Bryon emphasizes helping clients pass on as much of their estates to their loved ones as possible through careful and regular review by clients. Bryon also has experience in representing landlords in evictions, contracts, commercial sales transactions, public bidding, and special taxing districts. When not serving clients, Bryon enjoys camping, off-roading, and traveling with his family.
Before law school, Chris was a Television Broadcast News Reporter for NBC KOMU TV-8 and a Radio Broadcast News Reporter for NPR KBIA 91.3. During law school, Chris clerked for the General Counsel of a Major International Airline, he clerked for the Chief Judge of the Missouri Court of Appeals-Southern District, he clerked for a small civil litigation and real estate law firm in Columbia, and he was a summer intern at McDowell Rice Smith & Buchanan, P.C. in Kansas City. After law school, Chris became an Associate Attorney at McDowell Rice Smith & Buchanan, P.C.’s Country Club Plaza office eventually earning an Equity Shareholder Position. Since moving to Colorado in 2011, Chris has been a Business Operations Manager at a Denver-based multi-million dollar company, he has been a Contract Attorney for a medical device publicly-traded company, he has been a Staff Attorney at a boutique law firm providing bankruptcy legal services to consumers, and he has been the Bankruptcy...
Prior to joining Burnham, Cody began his career at a general practice law firm focusing primarily on commercial litigation, real estate litigation, real estate transactions, trusts and estates, probate, and oil and gas. Since then, he has honed his skills as an advocate with a focus on assisting his clients in navigating all stages of litigation and arbitration. Specifically, Cody has done multiple trials, arbitrations, mediations, and depositions, obtaining efficient and favorable results for his clients. As a result of this experience, Cody is keenly aware of the litigation process, and the strategic nuances that lead to success before and during trial. Cody is also an experienced corporate attorney who assists clients in business/shareholder disputes, transactions, and corporate structuring in a wide variety of industries, including construction, real estate acquisition and development, lifestyle brands, and many more. In his off time, Cody enjoys hiking, skiing, trying some of Denver’s best places to eat, and spending time with his Labrador Ollie.
David is a highly experienced litigator and trial attorney focusing on commercial disputes, litigation, and arbitrations. He has been representing individuals and businesses for over three decades and is a relentless advocate and seasoned trial attorney. David has honed his skills practicing with both international firms (Shook, Hardy & Bacon, Dorsey & Whitney, and Gordon Rees Scully Mansukhani), and respected local firms. He possesses extensive first-chair experience in civil trials, arbitrations, and appeals, offering clients dedicated and intense focus in a wide range of complex commercial matters. David grew up in Loveland, Colorado and attended the University of Denver's Daniels College of Business on a Boettcher Foundation Scholarship, earning a degree in Finance/Real Estate. He later received his J.D. from the University of Minnesota Law School, where he was a member of the prestigious Minnesota Law Review and a director of the International Moot Court. David started his legal career in Kansas City focusing on pharmaceutical products liability litigation, before...
Erin has extensive experience representing clients in all phases of litigation in both state and federal courts, with a focus on employment litigation, business and commercial disputes, and appellate matters. She also has significant experience in estate planning and probate, advising individuals and families on preserving their legacies and guiding them through the probate process with clarity and compassion. In addition to her private practice work, Erin served as a law clerk to the Honorable Judge Jerry N. Jones of the Colorado Court of Appeals. She also previously clerked for the South Dakota Second Judicial Circuit, gaining valuable insight into the judicial process.
Kate strives to have a client-oriented practice where she can assist her clients in all stages of litigation. Prior to joining Burnham, Kate was an associate at an AmLaw Firm where she worked on various types of complex litigation representing large corporations, municipalities, and individuals. Before going into private practice, Kate was an Assistant Public Defender in Miami-Dade County where she tried over twenty cases. Kate has been able to develop a well-rounded practice by working in both the private and public sectors. Kate has honed her skill sets from her prior experience so she can be a zealous advocate for her clients. In her spare time, Kate enjoys spending time with her husband in the outdoors, traveling, and visiting family.
Katlyn Schafer is passionate about helping her clients navigate their legal challenges by providing clear guidance, practical solutions, and strong advocacy at every stage of the process. Her practice spans a wide range of civil matters including personal disputes, consumer protection disputes, regulatory and administrative disputes, environmental disputes, and many others. Prior to joining Burnham Law, Katlyn worked as an Associate Attorney providing representation in worker's compensation disputes. During law school, Katlyn served on the editorial board for the Vermont Journal of Environmental Law. She interned with the Idaho Office of the Attorney General and gained experience working as a student-attorney to provide pro bono legal representation to various nonprofits in the New England area. In her free time, Katlyn can be found frequenting thrift stores, exploring the Colorado wilderness, and watching scary movies with her partner James and their pets, Gracie and Koda
Kayla is known for her effective legal strategies and creative solutions in resolving a wide range of disputes, including contractual issues, landlord/tenant matters, boundary disputes, and HOA conflicts. Kayla believes in understanding her clients' unique goals to secure the most beneficial results for them. Beyond her practice, Kayla is highly engaged in the legal community through volunteer board positions aimed at encouraging growth and supporting diverse voices. Her professional excellence has been consistently recognized, including being named a Top Attorney by Colorado Springs Magazine multiple times and a Super Lawyer Rising Star in 2024 and 2025. In her free time, Kayla enjoys reading, spending time with her daughter, and exploring the outdoors. She is an accomplished runner, having completed challenging races like numerous half marathons and the Pikes Peak Ascent.
Logan completed his Bachelor’s degree in Political Science from the University at Albany, and recently earned his J.D. from William and Mary Law School. Before entering law school, Logan spent time working in the in-house legal department of a 3rd party commercial lending company. In this role he assisted with business development projects with clients ranging from local coffee shops to large commercial developers in New York City. Prior to joining Burnham, Logan began his legal career at a local Denver law firm primarily practicing civil litigation defense. Since joining Burnham, Logan has represented a diverse range of clientele ranging from individuals engaged in civil disputes to general commercial litigation. Logan has successfully negotiated various settlements in his clients’ favor, both prior to and after commencement of litigation, in case types such as breach of contract, property damage, negligence, partition, fraud, landlord/tenant disputes, and bad faith insurance denial. In his free time, you can find Logan on one of the...
Sam focuses his practice on general litigation, transactional work—aiding small businesses and assisting in acquisitions—business litigation and breakups, and administrative work. Prior to joining the Burnham Law Firm, Sam acted as counsel at a major ski company and then in a firm setting. Sam is keenly aware of the fact that litigation can be stressful and complex. His background complements his ability to provide competent guidance and critical thinking to his clients’ cases and the corollary issues which stem from them. In his free time, Sam loves to backcountry ski, race road and mountain bikes, cook, read, play guitar, and sail.
Zac focuses mainly on civil litigation, and has experience with real estate litigation, real estate transactions and estate matters. He earned his bachelor’s degree and law degree at the University of Tennessee. In law school, he was a member of the Transactions: The Tennessee Journal of Business Law and a student-attorney in the Business Clinic. In his spare time, Zac enjoys spending time with his wife and dog outdoors hiking, going to various restaurants, and being with friends. Zac is a die-hard Minnesota sports fan and Tennessee Volunteer fan.
2026 Legal Updates: The “Colorado Dream Act” & Procedural Shifts
The landscape for Colorado construction law has undergone its most significant transformation in decades as of January 1, 2026:
1. The Multifamily Construction Incentive Program (MCIP)
Effective January 1, 2026, the “Colorado Dream Act” (HB 25-1272) provides a new voluntary framework to reduce litigation risk for condos and townhomes.
The “Opt-In” Protection: Builders who record a “Notice of Election” before the certificate of occupancy can access unique protections, provided they offer mandatory warranties (1 year for workmanship, 2 years for systems, 6 years for structural).
Rebuttable Presumption: Under MCIP, receiving a government Certificate of Occupancy now creates a rebuttable presumption that the property is free of defects—a massive shift in favor of builders.
HOA Litigation Threshold: As of 2026, HOAs must now obtain 65% unit owner approval (up from a simple majority) before initiating a construction defect action.
A critical “procedural trap” emerged in 2026: even for projects not opted into the MCIP, certain disclosure requirements now apply to all construction defect claims.
The Requirement: Within 60 days of receiving a notice of claim, builders must disclose extensive documentation, including the names and scopes of work for all subcontractors.
The Penalty: Failure to provide this info in a timely manner results in a waiver of the builder’s ability to designate those subcontractors as non-parties at fault in later litigation.
3. Updated Statute of Repose & Limitations
Statute of Repose: For professionals who provide the MCIP-compliant 6-year structural warranty, the statute of repose (the absolute deadline to sue) can be reduced to 6 years (down from the standard 10-12 years).
Accrual Standard: Per Rua v. New Expression Homes (2025/2026), a claim accrues when a plaintiff discovers the physical manifestation of a defect—not the underlying cause.
4. The 2026 “Junk Fee” Ban in Construction (HB 25-1090)
Construction contracts are no longer exempt from Colorado’s aggressive price transparency laws:
Total Price Disclosure: Estimates and contracts must clearly disclose the maximum total price, including mandatory “administrative,” “compliance,” or “convenience” fees.
18% Interest Penalty: Misrepresenting costs or adding hidden markups (beyond the 2% or $10/month cap for third-party reimbursements) can trigger a deceptive trade practice claim with 18% compounded interest penalties.
Core Construction Law Services
Our Cherry Creek team provides elite representation for the entire project lifecycle:
Construction Defect Defense & Plaintiff Claims: Managing the CDARA notice of claim process under the new 2026 disclosure and 65% HOA vote standards.
Mechanics’ Lien Litigation: Enforcing and defending lien claims, with a focus on the 2026 Supreme Court shifts regarding unpaid costs and excessive lien standards.
Contract Drafting & Risk Management: Auditing contracts for 2026 “Junk Fee” compliance and MCIP “Opt-In” language.
Architect & Engineer Defense: Navigating the mandatory Certificate of Review and new 2026 affidavit requirements for “middle market” housing.
Why Choose Burnham Law for Your Cherry Creek Project
In the 2nd Judicial District, your lawyer’s ability to master the 2026 “Colorado Dream Act” is your strongest asset. Burnham Law offers:
Trial-Ready Strategy: we prepare every defect claim as if it will be decided by a jury in the Lindsey-Flanigan Courthouse, giving you maximum leverage in the 2026 pre-litigation window.
Regulatory Precision: We ensure your 60-day disclosures are filed correctly to preserve your non-party at fault designations.
Local Intellectual Capital: Deeply familiar with the Denver County bench and the specific administrative nuances of Cherry Creek development.
Take Action Today
The 2026 procedural updates—specifically the 60-day disclosure mandate and the 65% HOA vote requirement—have fundamentally changed the timeline of a construction dispute. Whether you are a builder seeking the protections of the MCIP or an owner facing significant defects, immediate counsel is vital. Contact Burnham Law to schedule a strategic construction consultation: 📞 Call 303.990.5308 📍 Cherry Creek Office: 44 Cook St, Denver, CO 80206 📅 Schedule a Consultation Online
