Construction Litigation

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Steamboat Springs

Our litigators have extensive construction related experience in both state and federal courts. Our have litigated involving construction and design defects, pay disputes, site conditions, delays, backcharges, interference, mechanic’s liens, bidding and mistakes.We have represented clients involved on all sides of construction litigations, including municipal, corporate and individual property owners and developers, general contractors, subcontractors, architects, engineers and lenders.

Please see the construction law section of our website regarding our general experience in construction law matters.

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Class Actions

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Our attorneys represent plaintiffs and defendants in in state and federal court. We employ the latest in case-management technology for all aspects of class action litigation, including litigating class certification itself, conducting class and merits discovery, litigating the merits, negotiating settlements and guiding them through the court approval and notice process, and handling involving class certification and related issues.

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Business Litigation

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Our business and commercial practice includes a broad spectrum of matters and legal issues. Our attorneys represent clients both in the prosecution and defense of lawsuits in areas such as contracts, , the Uniform Commercial Code, business torts, real estate, employment, trade secrets, intellectual property protection, breach of fiduciary duty, fraud, corporate matters, warranties, water, environmental, insurance coverage, and collections.

We take pride in our pre-dispute analyses of legal issues that enable our clients to best plan a course of action and minimize the cost or risk of litigation. We represent clients in both state and federal courts. We also handle appeals at all levels of the appellate process, and we represent clients in all forms of alternative dispute resolution, including arbitration and mediation.Our experience in contract and contract-related litigation includes numerous lawsuits and claims arising out of purchase and sale agreements, service contracts, franchise agreements, merger and acquisition agreements, guaranty and surety agreements, financial instruments, loan agreements, lease agreements, real estate contracts, and other business-related contracts of almost every type in federal and state jurisdictions across the United States.

Our commercial litigators are also very experienced in all aspects of the construction industry, having represented private and public owners, architects, engineers, land surveyors, general contractors, and subcontractors in a variety of legal proceedings throughout the State of . Our attorneys have dealt with all types of construction related issues ranging from pay disputes, mechanics’ lien and surety issues to performance issues based on delays, interference, defective design, site conditions, bidding, and mistakes.

Our commercial litigation practice is a prime area for utilization of our membership in Meritas. This membership allows us easy access to highly qualified colleagues in jurisdictions throughout the United States and the world so as to assist our clients in commercial litigation matters that cross jurisdictional lines, including collection of judgments, service of court pleadings and other documents, enforcement of agreements, applying law of other jurisdictions where applicable, and in many instances even bringing lawsuits on commercial matters in other jurisdictions.

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Other Litigation and Appeals Related Areas

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Antitrust and Competition Law

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Our represent clients in involving alleged violations of and laws in state and federal courts. These matters include price fixing, predatory pricing, price discrimination, market allocation, territorial allocation and boycotts, bid rigging, resale price maintenance, exclusive dealing, exclusive territories, tying arrangements, refusals to deal, dealer terminations, vertical restraints, and monopolization.

For more information about our antitrust and competition law practice, please Todd R. Seelman.

Litigation and Related Areas

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Litigation and Appellate Law

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(c) Tony EitzelOur practice is very broad, responding to the needs of our commercial, municipal, special district, corporate, business, , and other clients. We represent many clients who seek our services as a result of referrals from existing clients, other attorneys, or from our colleagues at Meritas.

Our attorneys are especially experienced with litigation in the areas of contract disputes, , real estate, construction, insurance coverage, defense of environmental claims, employment, medical malpractice, failed , commercial torts, corporate disputes, collections, and bankruptcy. Our attorneys also practice in several special areas of litigation, including eminent domain, water law, special districts, election disputes, and insurance coverage for environmental damage claims.

We represent plaintiffs and defend lawsuits in state and federal courts throughout the nation, but we specialize in lawsuits in Colorado. We also handle at all levels of the appellate process. In addition, we represent clients in all forms of alternative dispute resolution, including arbitration and mediation.

We are a proud member of Meritas, one of the world’s largest affiliations of independent business and litigation law firms. Through this affiliation, we are able to locate and engage local counsel for our clients throughout the United States and the world.

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Liquor Licensing

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In the liquor industry is heavily regulated. The State of and local licensing authorities share responsibility for regulating the sale and service of alcoholic beverages. Local authorities (cities and counties) apply standards which are established by state statutes and regulations, but local licensing authorities have considerable latitude in reaching decisions. Neighborhood activism often exacerbates the uncertainty caused by the discretion afforded to local authorities.

Our practice focuses on all of the needs of liquor permit holders in Colorado from application and renewal to sale or transfer. Our clients include restaurants, hotels, bars, nightclubs, golf courses, developers, and other retail establishments selling alcohol, beer, wine, or liquor.

Our take care to demonstrate that all of the requirements for the issuance of the license have been satisfied, and to whatever extent possible, address concerns. Specific areas of our liquor licensing practice include:

  • Obtaining new liquor licenses
  • Negotiating contracts on behalf of buyers and sellers of establishments
  • Preparing all related to a liquor license transfer
  • Representing clients in liquor license hearings
  • Appealing the denial of a liquor license transfer
  • Appealing the denial of a liquor license renewal
  • Appealing the denial of a liquor license issuance
  • Alterations of licensed premises
  • issues

also have the experience and expertise to advise liquor licensees concerning other legal issues directly related to their daily business.

Attorneys practicing in the areas of Liquor Licensing:

  • Larry W. Berkowitz

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Environmental Law

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(c) Tony EitzelRegulatory compliance, permitting, enforcement , and coverage litigation are among our firm’s numerous environmental law specialties. We have substantial expertise in:

  • performing and assisting with due diligence requirements or completing environmental audits
  • representing stakeholders in CERCLA (Superfund) and RCRA enforcement actions
  • litigating environmental damage coverage disputes on behalf of policyholders against insurance companies
  • recreating insurance coverage for multi-year/multi-site PRPs when policies are lost
  • participating in rulemaking hearings concerning water quality standards
  • advising clients concerning compliance and litigation regarding NEPA requirements
  • advising clients on requirements for the transportation of hazardous materials
  • participating in EPA-sponsored conferences on Superfund/RCRA and setting standards for the disposal of sewage sludge
  • advising clients on the removal of leaking underground storage tanks and advocating for reimbursement from the state fund
  • obtaining water decrees establishing water rights
  • drafting product exemption laws for trade associations at the state or local level * investigating toxic releases contaminating property

Many of our environmental represent clients at high profile Superfund sites in and throughout the western United States, including the Lowry Landfill, the Rocky Flats former nuclear weapons production facility, the Stead Solvent Site in northwestern Nevada, and the Heartland of America site in Nebraska.

We have successfully litigated the three precedent-setting establishing the right of Colorado insurance policyholders to recover environmental damages under policies.

Our attorneys have participated in White House conferences on CERCLA (Superfund), testified on behalf of clients in both houses of Congress, taught environmental courses at law schools and universities, and served as counsel for numerous public entities and private companies, from agricultural products companies to aircraft manufacturers, cities and counties to commercial landlords, citizens groups to engineering and environmental cleanup firms, dry cleaners to lenders, developers to ski area owners, and wastewater treatment plants to water and sanitation districts.

Attorneys serving Environmental Law

William J. Brady has authored the Superfund and Toxic Torts Sections of The Regulation of Hazardous Substances and Toxic Wastes, Professor’s Manual, University Casebook Series, published by Foundation Press, as well as the chapter on Environmental Insurance for the treatise, “Environmental Regulation of Colorado Real Property,” Stephen A. Bain, Editor, published by Bradford Publishing Company, June 2007.

Also visit our section on Insurance Litigation.

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Philip M. Quatrochi

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Contact Information

Philip M. Quatrochi, Esq.
, P.C.
1700 Lincoln Street, Suite 3800
Denver, Colorado  80203-4538
303.839.3800  |  303.839.3838 (Fax)
q@grimshawharring.com

Phil Quatrochi’s practice focuses primarily on and commercial , including contract disputes, construction law and .  He commonly litigates cases before both state and federal courts in Colorado, and has litigated disputes involving complex , intellectual property, real estate and leases, construction law matters, property disputes, collections, law, banking matters, and union fee disputes. His construction law experience includes drafting and negotiating construction contracts, representing clients in mechanic’s liens and governmental construction project bond disputes, and construction-related .

Phil’s corporate experience includes advising for-profit and non-profit entities on a broad range of business matters, including formation and dissolution, contracts, acquisitions, property and leasing issues, commercial financings and employment issues.  He also advises on employment related matters.

Phil’s real estate experience includes drafting and negotiating real estate contracts and leases, and client representation before planning and design review boards.

Phil was a summer clerk at Grimshaw & Harring in 1995, joined the firm as an associate in 1996, and became a director/shareholder in 2004.  He grew up in , Colorado and was admitted to practice law in Massachusetts in 1996, and in Colorado in 1997.  Phil lives with his wife Ali, son Cooper and daughter Macy in Denver.  Phil currently spends most of his spare energy training for marathons, including the upcoming Boston Marathon.

Practice Areas

Education

  • Boston College (B.A., English & Economics, magna cum laude 1992; J.D., cum laude, 1996)
  • Boston College London Program, Kings College of Law, 1996

Community Service

  • Adjunct Lecturer on Construction Law issues, Graduate School of Architecture and Planning, University of Colorado at Denver, 2005-2007
  • Member of and legal counsel to the Ultimate Players Association , a Colorado non-profit corporation

Memberships

  • Colorado, and Denver Bar Associations

Reported Cases

  • Cross Country Land Services, Inc. v. PB Network Services, Inc. 2005 WL 3591868, (D.Colo., 2005)
  • Santa Fe Trail Ranches Property Owners Ass’n v. Simpson, 990 P.2d 46 (Colo., 1999)
  • Fell v. Independent Ass’n of Continental Pilots, 26 F.Supp.2d 1272 (D.Colo., 1998)
  • Fell v. Continental Airlines, Inc., 990 F.Supp. 1265 (D.Colo.,1998)

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Norman F. “Rick” Kron

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 Rick Kron  

Information

Norman F. “Rick” Kron, Esq.
Grimshaw & Harring, P.C.
1700 Lincoln Street, Suite 3800
, 80203-4538
303.839.3800  |  303.839.3838 (Fax)
rickkron@grimshawharring.com

Rick Kron, AICP, joined Grimshaw & Harring in 1987.  His practice concentrates almost exclusively on special districts, , intergovernmental authorities and Colorado . Mr. Kron holds a Bachelor of Urban Planning and a B.A. LAS (Political Science) from the University of Illinois-Urbana, an M.S. in Urban and Regional Planning from the University of Wisconsin-Madison, and he earned his J.D. from the University of Colorado in . Before and during law school, he worked for several years in community energy research at Argonne National Laboratory in Argonne, Illinois.

Practice Areas

Education

  • University of Illinois (B.U.P. with high honors and B.A, 1975)
  • University of Wisconsin (M.U.R.P., 1977)
  • University of Colorado (J.D., 1987)

Publications & Presentations 

  • Wastewater Impact Fees A Recent Ruling with National Implications, Norman F Kron.  This article discusses the criteria under which impact fees are valid in Colorado.
  • Colorado Land Planning and Development Law (Fifth Edition 1999) Contributing Author.
  • Florida Fallout and Other Colorado Election Law Amendments of 2002, 31 Colo. Law 63 (Aug. 2002)
  • Pssst–There Is a New Election Code, Author, 22 Colo. Law. 1703 (Aug. 1993)
  • Hey, They Revised the Election Code Again, Author, 23 Colo. Law. 1821 (Aug. 1994)
  • Yes, Even More Election Code Revisions, Author, 24 Colo. Law. 1803 (Aug. 1995)
  • Fill In the Blank– More ____ Election Code Revisions, Author, 25 Colo. Law. 93 (Aug. 1996)
  • What A Surprise–Still More Election Code Revisions, Author, 26 Colo. Law. 77 (Aug. 1997)
  • Fair Campaign Practices Act–Killing Trees for Good Local Government, Co-Author, 26 Colo. Law. 101 (Sept. 1997)
  • A compendium of hourly service and energy demand profiles for buildings, Norman F. Kron (1978)
  • Development regulation changes local elected leaders can make to promote energy conservation, Norman F Kron (Argonne National Laboratory – 1980)
  • Emission density zoning guidebook: A technical guide to maintaining air quality standards through land-use-based emission limits, Norman F Kron (1978)
  • Implementing local energy programs: Potential solutions to management problems, Norman F Kron (Argonne National Laboratory – 1983)

Memberships

Recipient of

  • Order of the Coif
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James M. Hunsaker

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Jim Hunsaker

Contact Information

James M. Hunsaker, Esq.
, P.C.
1700 Lincoln Street, Suite 3800
, CO 80203-4538
303.839.3800 | 303.839.3838 (Fax)
hunsaker@grimshawharring.com

Mr. Hunsaker represents clients in a wide variety of transactional matters and concentrates his practice in the fields of special districts, , and . He is active in the community, including service on the Board of Directors of the Castle Rock Chamber of Commerce. As a former naval officer, Jim served aboard the USS Antietam (CG 54) and was decorated for service during Operation Desert Shield.

Born in Los Angeles, California , February 28, 1966; Admitted to practice: 1997, and U.S. , District of Colorado; 2000, 10th of .

Practice Areas

Education

  • University of Southern California (B.A., 1988) (Naval Reserve Officer Training Corps. Scholarship)
  • University of Denver (J.D., 1997)
  • Law Review: Staff, 1995-1996; General Editor, 1996-1997

Recipient of

  • The Order of St. Ives
  • Harry Clayton Davis Award
  • 2004 Volunteer of the Year Castle Rock Chamber of Commerce

Memberships

  • Denver, Douglas and Elbert County Bar Associations
  • Colorado Bar Association
  • Federalist Society
  • U.S. Navy LT, 1988-1992

Community Service

  • Town of Castle Rock Election Commission (2007 – present), Member
  • Douglas County Business Alliance (2005 – present), Board of Directors
  • Castle Rock Chamber of Commerce (1999 – 2006), Board of Directors
  • Douglas County Community Foundation (2000 – 2005), Chairman
  • First National Bank of Castle Rock (2000 – 2002), Board of Advisors
  • Town of Castle Rock Ad Hoc Charter Committee (2001), Chairman
  • Castle Rock 2000 Master Plan Update (2000 – 2002), Neighborhood Advisor
  • Castle Rock Vision 2000 Update Committee (1999 – 2000), Chairman
  • Leadership Douglas County, 2001 Graduate; 2002 Steering Committee

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