Rachel Burkhart
PEOPLE

Rachel Burkhart

Partner
burkhart.rachel@dorsey.com

Overview

Rachel counsels clients in the construction and real estate industries through all phases of their projects.
Rachel assists owners, developers, and contractors with risk and dispute management on high-value construction projects throughout the Mountain West. She is an experienced trial lawyer specializing in complex construction, real estate, and financial disputes. She also regularly provides advice on construction contract drafting and negotiations, including AIA form agreements, engineer-procure-construct contracts, and others. Rachel has been involved in a wide range of public and private projects, including conventional and alternative energy generation, electrical transmission and distribution, water and wastewater infrastructure, civil works, mines, deep tunnels, sports facilities, hospitals, hotels and mixed-use resorts, industrial facilities, commercial buildings, and luxury residences. She has worked with private and public owners, developers, designers, contractors, subcontractors, and suppliers, affording her with unique insights into the objectives of all parties involved in a project. Rachel also regularly represents property owners, financial institutions, creditors, borrowers, and tenants in disputes concerning distressed commercial real estate and leases, including foreclosure and eviction proceedings.

Education & Admissions

Columbia Law School (J.D., 2014), Harlan Fiske Stone Scholar; Parker School Recognition of Achievement in International and Comparative Law; Columbia Human Rights Law Review, A Jailhouse Lawyer’s Manual, Articles Editor

University of Texas at Austin (B.A., History, 2010), cum laude; Departmental Honors; Dean’s Honor List; Bridging Disciplines Program Certificate in International Studies

Admissions

  • Colorado
  • Texas
  • Montana
  • Wyoming
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Northern District of Texas

Clerkships

  • U.S. District Court for the Northern District of Texas, Honorable David C. Godbey, 2015-2016

Experience

Representative Work

  • Represented developer in multi-party dispute involving claims of wrongful termination, fraud, delay, and construction defects on hotel project in Montana.
  • Obtained settlement of nonpayment claims for mining services subcontractor against counterclaims of overbilling and defective work by mine owner in Montana.
  • Represented electrical subcontractor on delay, disruption, lost productivity, overtime, and extra work claims on dairy processing facility in Texas.
  • Secured settlement for electrical subcontractor on constructive acceleration and extra work claims on hospital construction project in Minnesota.
  • Won arbitration award on behalf of landlord against former tenant in commercial development in Boulder, Colorado, securing payment of past due rent.
  • Represented national health system in settlement of labor productivity, disruption, and delay claims asserted by construction manager at risk and subcontractors on hospital construction project in North Dakota.
  • Advised utility company in management and resolution of disputes with EPC contractor on 175 MW natural gas generating station in Montana.
  • Obtained settlement on behalf of EPC contractor for black start addition to an existing generating station in California in a dispute with its battery energy storage system supplier over design defects and delays.
  • Won arbitration award after three-week hearing on behalf of EPC contractor against owner of 136 MW wind project in Washington.
  • Won five-day bench trial on behalf of homeowners’ association securing access for a group of multi-million dollar properties on the Colorado Western Slope.
  • Obtained complete dismissal of claims against special district bond underwriter involved in development of Colorado ski resort community.
  • Represented general contractor in warranty claims against Asian supplier of equipment installed on 600 MW wind project in Colorado.
  • Settled trade secret dispute between developers of potential cogeneration power plant in Pennsylvania.
  • Won arbitration award after five-day hearing on behalf of master association against claims by condominium homeowners’ association concerning mixed use development in Colorado ski resort community.
  • Secured settlement for general contractor against subcontractors involved in construction of college football stadium in Colorado.

*Some representations occurred prior to joining Dorsey.

Pro Bono Experience:

  • Serve on litigation task force for Colorado Lawyers Committee focused on preempting and addressing election law violations ahead of November 2024 and 2026 elections.
  • Volunteered with community legal aid clinics assisting Venezuelan migrants with applications for asylum, temporary protected status, and employment authorization.
  • Successfully obtained asylum for family of four Afghan refugees who escaped to the United States during Operation Allies Refuge.
  • Volunteered with community legal aid clinics for preparation of end of life documents through Metro Volunteer Lawyers.
  • Advocated for improved conditions in New Mexico prisons on behalf of a 6,000-member class of incarcerated persons at risk of COVID-19 infection, resulting in new rule-making initiative to address class actions in the context of habeas corpus claims.
  • Co-authored human rights report regarding migrant workers’ rights in Nepal, leading to expansion of rights in decision by Supreme Court of Nepal.
  • Represented disabled minor from non-English-speaking Vietnamese family in successful administrative appeal regarding alleged overpayment of Social Security benefits.
  • Obtained correction of military records through successful appeal on behalf of veteran suffering from post-traumatic stress disorder and other service-connected disabilities.
  • Secured a writ of habeas corpus from the Seventh Circuit U.S. Court of Appeals on behalf of a federal prisoner whose right to self-representation had been violated in state court.

News & Resources

Legal Writings

Select Presentations

  • “Preparing and Defending Witnesses in Depositions,” CBA-CLE, Building Success: Contracts, Claims, and Collaboration in Construction Law, October 8, 2025, Denver, CO
  • “It’s Not You, It’s Me: Protecting Subcontractors in the Event of Termination,” ABA Forum on Construction Law, Division 9 Hot Topic Presentation, June 12, 2024, Virtual
  • “Site Work and Foundations” and “HVAC/MEP,” ABA Forum on Construction Law, 2023 Construction Law Foundations, Nov. 2-3, 2023, San Francisco, CA

Industries & Practices

Energy & Natural Resources
Development & Infrastructure
Commercial Litigation
Construction & Design
Construction Litigation
Privacy & Social Media
Government Contracts Counseling & Litigation

Government Contracts Counseling & Litigation

Explore This Practice View resources related to this practice
International Arbitration & Litigation
Public-Private Partnerships
Real Estate & Land Use
Real Estate Litigation
  • Appellate
  • Commercial Litigation
  • Construction & Design
  • Construction Litigation
  • Development & Infrastructure
  • Electric Power
  • Energy & Natural Resources
  • Government Contracts Counseling & Litigation
  • International Arbitration & Litigation
  • Mining
  • Oil & Gas
  • Privacy & Social Media
  • Public-Private Partnerships
  • Real Estate & Land Use
  • Real Estate Litigation

Professional & Civic

Community Involvement

  • American Bar Association, Forum on Construction Law, Division 10 (Energy & Environment), Steering Committee and Diversity Liaison (2022-2026)
  • Incoming Member of Board of Directors of Denver World Affairs Council DBA WorldDenver (2026-2029)
  • Colorado Women’s Bar Association, Co-Chair of Judicial Committee (2023-2025)
  • Associated General Contractors of Colorado, Future Leaders Forum (2021-2023), Subcontractor Relations Committee (2024-2026)
  • Colorado Lawyer, Coordinating Editor for Business Law

Accolades

Dorsey Pro Bono Champion 50+ Diversity& Inclusion Hours 2024

  • Best Lawyers® Ones to Watch in America
    • Land Use and Zoning Law, 2022-2026
    • Real Estate Law, 2023, 2025
    • Litigation - Real Estate, 2024-2026
  • Consistently providing pro bono legal assistance to those in need through Dorsey’s Pro Bono program
  • Contributed more than 50 Diversity hours, 2023-2024
Rachel Burkhart