Colorado Construction Attorneys.

Construction Litigation

Burnham Law attorneys have been focused on Colorado construction law and the litigation of construction-related claims for over 15 years. Our attorneys have extensive experience litigating and trying construction cases before courts, arbitrators, and juries. 

We represent every participant in the construction process, including individual owners, homeowners’ associations (HOA), developers, general contractors, subcontractors, design professionals, and material suppliers. Perhaps the most important service we provide our clients is assistance in contract drafting and negotiation. The terms of the contract are the law of the case. We advise our clients regarding critical provisions such as “pay-if-paid” risk allocation, termination for convenience, indemnification, limitations on change order compensation, consequential damages, and mediation and arbitration dispute resolution procedures. We equip our clients with the tools necessary to be successful in the event of a dispute. 

When a contract dispute arises, we aggressively advocate for our clients while keeping an eye on the bottom line. We have extensive experience litigating payment claims such as mechanic’s lien claims, surety claims, payment and performance bond claims, unjust enrichment claims, claims for civil theft, C.R.S. § 18-4-405, and violation of the Contractor’s Trust Fund Statute, C.R.S. § 38-22-127, often obtaining three times the amount claimed and attorney fees. We navigate complicated government contract disputes and pursue Public Works Act claims, Miller Act claims, and requests for equitable adjustments. We also litigate all manner of contract claims including scope of work/change order disputes, delay and acceleration claims, claims for liquidated and consequential damages, and wrongful or improper termination. 

Additionally, we litigate construction defect claims from all sides of the project. We help owners recover compensation caused by poor workmanship including construction defects, engineering and design failures, water damage, structural damage and failure, and environmental issues such as mold and asbestos spills and contamination. We help clients navigate the CDARA process and pursue claims for breach of express warranty, breach of implied warranty, negligence, negligent misrepresentation/omission, violation of the soils disclosure statute, C.R.S. § 6-6.5-101, negligence per se, and violations of the Colorado Consumer Protection Act, C.R.S. § 6-1-101, et seq.

We also help developers, contractors, subcontractors, material suppliers and design professionals defend against meritless claims. Often there is a gap in insurance coverage through a commercial general liability policy, a builder’s WRAP policy, or a self-insured retention. We step in, not only defending the quality of the work but pursuing affirmative defenses such as statutes of limitation and repose, comparative and contributory negligence, third-party liability, failure to mitigate damages, the economic loss rule, and contractual and statutory limitations of liability. 

The construction attorneys at Burnham Law know the construction industry and we understand the importance of resolving disputes in a timely and efficient manner. Lawsuits can drain project revenue.  Costs can include not only money but delay, time away from the project and interference with an ongoing or potential relationship. We always keep these factors in mind and strive to minimize their impact. Our experience provides the best opportunity for quick, cost-effective resolution.