BEN COUNSELS CLIENTS AND LITIGATES DISPUTES IN CONSTRUCTION AND GENERAL COMMERCIAL MATTERS.
Ben counsels clients and litigates disputes in construction and general commercial matters. As a construction attorney, Ben assists clients with every phase of the construction process, from drafting and negotiating agreements for every aspect of a project, to resolving claims and disputes concerning complex construction issues. He represents general contractors, subcontractors, design professionals and owners in such matters. Ben has represented clients in jurisdictions across the United States and in various sectors, including energy, mining, health care, education, transportation, residential, commercial, and public projects.
- Prepared contract templates and served as lead counsel in contract negotiations for a commercial real estate developer and investor in connection with the design and construction of dozens of fulfilment center projects across the country.
- Prepared contract templates for use by dozens of other clients, including owners, contractors, design professionals, design builders, and EPC contractors.
- Represented NFL franchise in the preparation and negotiation of design agreements and construction contracts for a mixed-use development within the stadium district.
- Represented multinational shipping, receiving, and supply chain management company in the preparation and negotiation of various design and construction agreements.
- Represented multiple Fortune 500 companies in the evaluation, negotiation, and resolution of various issues that arose during construction projects.
- Negotiated over a hundred EPC agreements on behalf of national contractors on wind and solar projects across the country.
- Drafted, reviewed, revised, and negotiated hundreds of design and construction contracts, and provided regular consulting regarding such contracts, for various owners and construction professionals in connection with projects located across the country.
- Served as lead counsel in mediation and arbitration representing a national distiller in asserting claims against its design builder; ultimately negotiated a favorable settlement prior to hearing.
- Represented national and regional homebuilders in defense of multiple construction defect lawsuits and pursuit of third-party claims.
- Represented national bank in the assertion and resolution of construction defect claims that arose during the construction of new headquarters.
- Represented contractors in making, and owners in defending against, various claims made during and at the completion of projects.
News & Resources
November 21, 2022
News & Press Mentions
- Author, From the Ground Up: A Construction Law Bulletin
- “Colorado Law on Construction Defects, Part I: Statute of Limitations and Statute of Repose”
- “Colorado Law on Construction Defects, Part II: Notice of Claim Process”
- “Important Terms in Construction Contracts”
- “Arbitration vs. Litigation – 5 Issues to Consider”
- Author, “The Keys to Success in Integrated Project Delivery: People, Process, and Promises”
- Author, “Limitations on Contract Damages: The ‘Betterment' Argument”
- Co-Author of Update (2014), West’s Colorado Practice Series, Chapter 56 – Construction Disputes and Dispute Resolution
- An Industry Panel: “Hot Stove Discussion” and Mechanic’s Liens: Where Claimants Go Wrong,” Colorado Construction Law Summit (2019)
- “Understanding Construction Contracts,” Presentation at the Meeting (August) of the Colorado, AGC’s Future Leaders Forum (2019)
- A Panel Discussion: “Ask an Industry Expert” and Bid Protests in Colorado, Colorado Construction Law Summit (2018)
- “Understanding Construction Contracts,” Presentation at the Meeting (May) of the Colorado AGC’s Future Leaders Forum (2018)
- Panel Discussion: “Colorado’s Workforce Issue – Framing the Issue and Practical Solutions” and “Developments in Construction Defect Reform in Colorado,” Colorado Construction Law Summit (2017)
- “Making Claims and Resolving Disputes During the Construction Process,” Colorado Construction Law Summit (2016)
- “Making Claims and Resolving Disputes During the Construction Process,” HalfMoon Education’s Construction Law Seminar (2016)
- “Reviewing Contract Documents,” HalfMoon Education’s Construction Law Seminar (2015)
- “Developments in Colorado’s Construction Defect Law,” Colorado Construction Law Summit (2014)
- “Construction Law Update,” Colorado Construction Law Summit (2014)
- “Avoiding Legal Snags on Construction Projects – Delays, Suspension, Acceleration, Disruption, Differing Site Conditions, and Payment,” Colorado Construction Law Summit (2013)
- “Plan for the Best and Prepare for the Worst: Multi-Family For-Sale Projects & Construction Defect Law in Colorado,” Colorado Construction Law Summit (2013)
- “Integrated Project Delivery in Colorado,” AIA/AGC/ACEC Liaison Committee Meeting (2013)
- “Insurance Provisions in Construction Contracts,” Colorado Construction Law Summit (2013)
- “Collaboration Not Procrastination: The Need for and Benefits of Immediate Action Upon Discovery of Construction Defects,” Colorado Construction Law Summit (2012)
Industries & Practices
- Banking & Financial Institutions
- Commercial Litigation
- Construction & Design
- Construction Litigation
- Development & Infrastructure
- Energy & Natural Resources
- Food, Beverage & Agribusiness
- Government Contracts Counseling & Litigation
- Healthcare & Life Sciences
- Real Estate & Land Use
- Real Estate Litigation
Professional & Civic
- Colorado Bar Admission
- Denver Bar Admission
- Associated General Contractors of Colorado
- Member, Associated General Contractors’ Future Leaders Forum, 2014-2019
- Member, Steering Committee of the AGC’s Future Leaders Forum, 2016-2019
- Member, Downtown Denver Partnership’s Leadership Program, 2017-2018
- Member, Colorado Association of Commerce & Industry’s EXECs Advocacy Program, 2015
- Member, Leadership Cherry Creek Program, Cherry Creek School District, 2011-2012
- Metro Volunteer Lawyers (Denver) – Post Decree Clinic
- Rolling Hills Elementary School – Pledge Drive (Chairman)
- Rolling Hills Rolling Hills Elementary School – Parents’ Night Out Program (Past Chairman)
- Cherry Creek School District – Leadership Cherry Creek Program, Nominated Member
- St. Thomas Mores Small Wonders Program – Past Volunteer