Civil Litigation

Appeals

If you believe your case resulted in an unfair verdict, you have the right to appeal the decision. The attorneys at Burnham Law have a profound understanding of the appellate process.  They can help you to evaluate the outcome of your case and determine the merits of filing for an appeal or find the right approach in defending an appeal filed against you. Our attorneys are experienced in the appellate process and apply that experience to passionately advocate for you at the appellate level.

The work of an appeals lawyer is drastically different from the work of a trial lawyer. The attorneys at Burnham Law have extensive experience preparing appellate briefs and presenting persuasive legal arguments to the Colorado appellate courts.

Should you decide to appeal a decision, or should you need to defend an appeal, we will work with you to prepare an effective, cost-efficient appellate strategy for the Colorado Court of Appeals and/or the Colorado Supreme Court and represent you throughout the proceedings.

Unlike jury trials, where facts are considered and determined, appellate hearings focus entirely on interpretations of law. A successful appellate lawyer must have an expert understanding of the law, excellent legal research and writing skills, and exceptional ability to use oral argument to persuade a panel of judges to accept a particular interpretation of the law.

Breach of contract

Underlying nearly every transaction is a contract, an agreement.  Contracts do not necessarily need to be in writing; breach of contract claims can arise from written or oral agreements.  When contract disputes arise from the relationships formed by these agreements, it is critically important to understand your contractual rights and obligations.

Burnham Law can help you work through complicated contract negotiations as well as breach and enforcement actions, protecting your rights and reputation.  We are skilled litigators and we take pride in our rigorous trial preparation as well as our courtroom acumen.  We have successfully represented clients in jury trials, bench trials, and arbitrations involving a broad range of business disputes, including not only breach of contract actions but also related equitable actions including unjust enrichment and promissory estoppel.

Our attorneys can help assess your claims or defenses and guide you in making decisions that consider the benefit of litigation in the context of your business objectives.

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.

Cannabis Law

Starting and operating a business in the cannabis industry presents a wealth of opportunities alongside potential risks. One such risk that often arises is litigation. Cannabis business and litigation bring about unique challenges that require specialized expertise to navigate successfully. At Burnham Law, our experienced attorneys are here to assist you in addressing these challenges and ensuring the protection of your business.

We understand the intricacies of running a successful Colorado business and the legal hurdles it entails. Our dedicated team can guide you through a range of potential issues, including business and partner disputes, breach of contract, landlord/tenant conflicts, civil racketeering concerns, copyright and trademark disputes, as well as general business and employment matters. By leveraging our knowledge and experience, you can effectively address these challenges and safeguard the interests of your cannabis business.

With a proven track record in resolving diverse business disputes, our trial attorneys have represented clients as both plaintiffs and defendants in civil, commercial, and complex commercial litigation cases at both the trial and appellate levels. We are equipped to handle a wide range of legal matters, ensuring that your interests are protected and that you achieve the best possible outcomes.

Whether you are starting a new cannabis business or already have an established one, we are here to provide comprehensive assistance tailored to your needs. Our services include helping you select the appropriate entity for your business, drafting employee manuals, and providing the necessary legal support. By ensuring you have a solid foundation in legal matters, we can set your business up for success and mitigate potential risks.

For those who already have a cannabis business, our focus is on ensuring your ongoing legal protection. We can assist you in creating and reviewing proper contracts, establishing internal policies and procedures, and implementing general business protections. With our guidance, you can have peace of mind knowing that your business is legally secure and prepared to navigate any future challenges that may arise.

Don’t let the complexities of running a Colorado business and potential litigation hinder your success. Contact Burnham Law today, and let our experienced team provide you with the trusted legal support you need to thrive in the cannabis business landscape.

Tort Claims

A tort is a civil wrong made against a person, entity, or property.  Whether defending a tort claim or filing a claim against someone who has harmed you or your business, taking control of the litigation early and being strategic is critical.  In business litigation in particular, the lines between contract litigation and tort litigation can sometimes be murky.  In cases that involve intentional torts or other wrongful acts, we will help you decide on the best trial strategy and work to prepare your case to ensure that your rights and your reputation are protected.

Burnham Law has experience with a broad range of tort claims, including: Negligence, Defamation, Abuse of Process, Breach of Fiduciary Duty, Civil Theft, Conversion, Fraud, Contractor Fraud, Intentional Infliction of Emotional Distress (outrageous conduct), Invasion of Privacy, Deceptive Trade Practices, Malicious Prosecution, False Imprisonment, Trespass and Assault and Battery.

Business Litigation

This type of litigation involves disputes arising out of commercial and business relationships, including an establishment’s claims against another company, governmental entity, or other groups of individuals. The issues are typically complex, rendering an attorney’s understanding of the client’s business a predictable indicator of the case’s outcome.

Types of business disputes can include: breach of fiduciary duty, breach of contract, trade secret disputes, regulatory investigations, insurance disputes, post-closing disputes, and partnership disputes.

If you or your business is being sued, or if you’ve been wronged and need to take legal action, you’ll want lawyers with courtroom experience who know how to represent your case. Our attorneys can help assess your claims or defenses and guide you in making decisions that consider the benefit of litigation in the context of your business objectives. Contact us today to learn more.

Real Estate

Our attorneys are exceptionally well versed in Colorado property and real estate law, with experience litigating all phases of property and real estate disputes, including mediating, arbitrating, and trying cases on behalf of our clients.  If you believe your property has been impacted or you are faced with defending property or real estate claims in Colorado, we can help you prepare for negotiations or a trial, providing case strategy and preparation to resolve your case as efficiently as possible.

Burnham Law has experience with a broad range of property and real estate disputes, including: Quiet Title Actions, Partition Actions, Contract Disputes, Forcible Entry and Detainer (eviction), Trespass and Nuisance, Landlord-Tenant, Adverse Possession, Zoning and Easement Disputes, Governmental Takings, Commercial Real Estate, Covenants, Appealing Land Use Decisions, Mortgage Fraud, Title Claims, and Constructive Trusts.