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Construction Litigation

Ogborn Mihm, LLP has extensive experience 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 all parties engaged in the construction industry, including owners and developers, general contractors, subcontractors, and material suppliers.

The construction attorneys at Ogborn Mihm, LLP know the construction industry and understand the importance of resolving disputes in a cost-conscious manner. We understand that hiring an attorney is an unwanted cost that can drain project revenue.  While the cost in money, as well as delay, time away from the project, and interference with an ongoing or potential relationship are unfortunate aspects of the business, we always keep these factors in mind – and strive to minimize their impact – when we represent our construction industry clients.

Our goal is to put you back into a place where you can focus on taking care of your business instead of dealing with a legal dispute. Our experience representing companies or owners in every phase of construction gives you an advantage that will provide the best opportunity for a quick, cost-effective resolution.

CONTRACT DRAFTING AND NEGOTIATION

Perhaps the most important service we provide our clients is the drafting and negotiating contracts. The contract is the law that governs the construction project. A favorable and fair contract often serves to avoid conflict. Should a dispute arise, favorable contract terms help bring that dispute 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 comprehensive contract documents from scratch as well as negotiating revisions to contracts provided by other parties. Our goal is to put our client in the best position possible at the outset of the project.

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 of relief to get paid on a project, 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 the various tools at their disposal to get paid 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 paid for the work they perform.

CHANGE ORDERS, DELAY AND ACCELERATION CLAIMS

Changes during a construction project are common, as are disputes arising out of the same. When a contractor’s scope of work is expanded, delayed or accelerated such 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.

DESIGN AND DEFECT CLAIMS

Often, our clients become entangled in construction defect litigation involving numerous parties. We work with our clients to review any applicable commercial general liability (“CGL”) policies to find available insurance coverage to pay for litigation costs. When an insurer denies such a claim, we help to determine if the insurer’s denial of coverage was proper. When it is not, we bring pressure to bear on the insurance company to comply with their obligations and protect their policyholders. When they refuse, we pursue every remedy available including a powerful Colorado statute that requires insurance companies to act in good faith or face severe penalties. When no insurance coverage is available, we defend our clients in the most cost-effective manner possible.

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