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Construction Law and Litigation
Construction Lawyers
As Boulder construction lawyers, we represent owners, contractors, subcontractors, architects, equipment suppliers, and material suppliers in construction transactions throughout Colorado.  We also represent clients in construction disputes and in construction defect and warranty claims.  What is construction law?  Some of the issues we assist clients with include:
  • Construction delays
  • Construction arbitration
  • Construction litigation
  • Construction contracts
  • Construction defects
  • Construction disputes
  • Cost overruns and change orders
  • Construction contracts 
  • Contract negotiation
  • Defective work claims
  • Mechanics liens
  • Prevailing wage disputes
  • Wrongful termination
In 2006, Mark Cohen successfully represented a subcontractor in a two-week long jury trial in the Jefferson County District Court arising out of the failure of a retaining wall. In another case he obtained a six-figure arbitration award against a Denver builder, and when the builder was unable to pay the judgment, Mr. Cohen successfully sued the owner of the company in his personal capacity and won a jury verdict that included punitive damages.

We strive to draft construction documents that are easy to understand and that will prevent disputes from arising after the documents are signed.  We understand that in order to protect our clients we must educate them concerning the legal implications of the provisions in a document.  Too often property owners and contractors rely on templates prepared by the Associated General Contractors of America (AGC), the American Insitute of Architects (AIA), or other national associations without fully understanding them and modifying them so they are appropriate for the project and so all parties understand their rights and obligations.  This can lead to disaster.  Every contractor and owner should have a qualified attorney review the proposed construction contract and related documents BEFORE signing them. 



Many construction contracts include an arbitration clause, and I am thoroughly familiar with the Construction Industry Arbitration Rules of the American Arbitration Association. Ihe firm has represented clients in construction arbitration actions before the AAA and in voluntary mediation conducted by an agreed upon mediator.  Mark Cohen also serves as an arbitrator and mediator in construction disputes by agreement of the parties. 

Our lawyers have expertise in disputes involving sand and gravel projects, concrete projects, rock crushing, screening, road base, road construction, and other types of aggregates projects.  We also have experience with public works projects, including application of the Miller Act and the Davis-Bacon Act.

Mechanic’s Liens and Other Liens
Because we represent a heavy equipment distributor, several general contractors and subcontractors, and lumber suppliers, we are fully experienced in Colorado's mechanic’s lien laws.  We assist clients with lien foreclosures, surety bond issues, enforcement of lienholder’s rights in bankruptcy, and excessive or spurious liens.  We also draft notices of intent to lien, lien statements, and related documents.   We are also familiar with the Colorado Department of Transportation (CDOT) contracting process and the statutes governing liens on CDOT and other state projects.

When we represent contractors, subcontractors, and suppliers we work to educate our clients about the laws governing mechanic's lien laws so they know what they must do to protect their lien rights and when they must do it.  We can also advise and assist property owners seeking to resolve lien disputes or have spurious liens declared invalid. 

Sand, Gravel, Crushing, Aggregates, Concrete, and Road Construction
We have expertise in disputes involving sand and gravel projects, concrete projects, rock crushing, screening, road base, and other types of aggregates projects.  The firm is also familiar with the Colorado Department of Transportation (CDOT) contracting process and the statutes governing liens on CDOT projects.

Condominiums and Homeowners Associations
We advise and assist clients in condominium development projects, condominium conversions, and in the creation of common interest communities.   The firm’s lawyers can prepare all legal documents required to create a condominium or common interest community.  The firm is thoroughly familiar with the Condominium Ownership Act and the Colorado Common Interest Ownership Act. We represent several  mountain homeowners associations, and Mark Cohen has also successfully represented property owners in disputes with homeowners associations.

Home Inspection Law
We represent the International Association of Certified Home Inspectors (“InterNACHI”), a trade association recognized under Section 501(c)(6) of the Internal Revenue Code. Consequently, the firm is familiar with all aspects of home inspection law, including the standards of practice of the major trade associations, common contract provisions, home inspection agreements, state licensing laws, and trends in legislation.

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