• Retained by City of Colorado Springs to acquire right-of-way for Southern Delivery System, a 65-mile water line from Pueblo Reservoir to Colorado Springs, and other City projects.
• Assisted in acquisition of right-of-way for various FasTracks lines in the Denver Metropolitan Area as Counsel to Regional Transportation District.
• Appointed Assistant Attorney General to assist in right-of-way acquisition for T-Rex project which expanded I-25 and added an adjoining light rail corridor through the Denver Metropolitan area.
• Successfully defended design team of one of Colorado’s largest hotels in action by construction manager for claimed design errors and omissions.
• Won motion to dismiss claims of negligence and construction defects concerning luxury residential property in federal court in Northern California. Additional details here.

Reported Cases

• City of Colorado Springs v. Anderson Mahon Enterprises, LLP, 251 P.3d 536 (Colo. App. 2010);
• City of Colorado Springs v. Anderson Mahon Enterprises, LLP, __ P.3d __, 2010 WL 1238873 (April 1, 2010);
• Argus Real Estate, Inc. v. E-470 Public Highway Authority, 109 P.3d 604 (Colo. 2005);
• Whalen v. Shepler, 104 P.3d 243 (Colo. App. 2004);
• Argus Real Estate, Inc. v. E-470 Public Highway Authority, 97 P.3d 215 (Colo. App. 2003);
• E-470 Public Highway Authority v. Argus Real Estate Partners, Inc., 70 P.3d 481 (Colo. App. 2002);
• Ford v. Summertree Lane Ltd. Liability Co., 56 P.3d 1206 (Colo. App. 2002);
• Financial Associates, Ltd. v. G. E. Johnson Construction Co., 723 P.2d 135 (Colo. 1986);
• Financial Associates, Ltd. v. G. E. Johnson Construction Co., 694 P.2d 345 (Colo. App. 1984);
• Intermountain Systems, Inc. v. Gore Valley/Big Horn Water Districts, 654 P.2d 8723 (Colo. App. 1982).

• Eminent Domain
• Construction
• Contracts and Litigation
• Complex Commercial Litigation
• Trial
• Appeals
• Oil & Gas Litigation
• Mediation & Arbitration
• Real Estate

Honors

• Listed as one of Denver’s Top Lawyers compiled by 5280 Magazine in the practice area of Transportation, 2017
• Named the Best Lawyers® 2013, 2015 & 2023 Litigation-Municipal “Lawyer of the Year” in Denver
• Selected for Inclusion in The Best Lawyers in America© in the fields of Litigation-Construction 2012-2019, 2021-2024, Construction Law 2013-2019, 2021-2024 and Litigation-Municipal 2011-2018, 2021-2024

Insights

• Author, the Local Government Contracting chapter of Colorado Construction Law published by CLE in Colorado, Inc.
• Lectures frequently at continuing education seminars regarding mechanic’s liens, construction contracting, and other related matters

Education

• J.D., University of Notre Dame, 1981
• B.Arch., University of Notre Dame, cum laude, 1978

Bar Admissions

• Colorado, 1981
• U.S. District Court, District of Colorado
• U.S. Court of Appeals, Tenth Circuit
• U.S. Supreme Court

• President, Design-Build Institute of America, Rocky Mountain Region, 2008–2010
• Designated Hearing Officer for the City and County of Denver Departments of Public Works and Aviation, adjudicated claims arising from Denver construction projects including the construction of Denver International Airport, 1995–1998