Construction Litigation

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Ogborn Mihm, LLP has extensive experience both negotiating and trying construction cases to arbitrators, courts, and juries. Our construction attorneys, Mike Ogborn and Mike Cross, handle many types of construction-related matters including contract drafting and negotiation, payment claims, mechanic’s lien prosecution, scope of work disputes, delay and acceleration claims, design and defect claims, and environmental issues such as mold, asbestos, and mercury claims. We represent a wide range of clients in the construction industry, including owners and developers, general contractors, subcontractors, and material suppliers.

The construction attorneys at Ogborn Mihm know the construction industry and understand the importance of cost-consciously resolving disputes. We understand that hiring an attorney can drain project revenue. Cost can be in money, as well as 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.
Court room

Contract Drafting and Negotiation

Perhaps the most important service we provide our clients is the drafting and negotiating of contracts. A contract governs the construction project. A favorable and fair contract often helps avoid conflict. Should a dispute arise, favorable contract terms help bring it to a quick and successful resolution. Conversely, a one-sided, unfair contract can create disputes and increase exposure, costs, and disruption on construction projects. We help our construction clients during the contract negotiation process by drafting documents from scratch as well as negotiating revisions to contracts provided by other parties.

Getting Our Clients Paid

Perhaps the most common service we provide our Clients is the pursuit of payment claims. Colorado law offers contractors and suppliers a variety of avenues for payment relief, including mechanic’s liens, bond claims, verified statements of claim, notice to disbursers, breach of contract claims, unjust enrichment claims and statutory claims. Many contractors are not aware of all the payment tools at their disposal and often unnecessarily write off amounts due. At Ogborn Mihm, LLP, we understand the reality of thin margins and utilize every remedy available to ensure our clients are compensated for the work they perform.

Design and Defect Claims

Often, our clients become entangled in construction defect litigation. In these situations, we work with them to review any applicable commercial general liability (“CGL”) policies to find available insurance coverage. When an insurer denies such a claim, we help to determine if the denial was proper. If not, we pressure the insurance company to comply with their obligations. And if they refuse, we pursue every remedy available, including a Colorado statute requiring insurance companies to act in good faith or face penalties. When no insurance coverage is available, we represent our clients in the most cost-effective manner possible.

Change Orders, Delays and Acceleration Claims

Changes during a construction project are common, as are disputes arising out of them. When a contractor’s scope of work is expanded, delayed or accelerated, a change is often accompanied by increased cost. We work with our clients to ensure that their contract puts them in the best position to seek compensation for these changes, to ensure that these requests are well-documented and comply with the necessary procedures, and to litigate these claims, when necessary.