MLMW's attorneys have a depth of experience in advising on a full spectrum of Colorado construction issues. We regularly represent general contractors and subcontractors during contracting, performance, and post-contact construction matters. We also act as outside counsel for construction firms in day-to-day legal matters such as employment and general corporate matters. We have experience in handling construction payment disputes in Colorado courts and claims involving defective work and performance in both residential and commercial settings.
You can check out the Articles on this page, fill out the contact form, or give us a call, and we will be in touch with you to see if we may be of assistance.
We represent our clients from the beginning stages of construction, including the design, RFP, bidding and contracting, and final documentation. We assist contractors and subcontractors with change orders and modifications, building permit issues, and code and other compliance disputes. We also represent clients who operate as or employ construction managers. We prosecute as well as defend construction defects claims. We represent both general contractors and subcontractors, and help our clients to both file and defend against mechanic's lien claims. We also help our clients apply for construction loans, and assist in the sometimes complicated process of construction loan management, inspections, draw requests and funding. We also help to facilitate the transition from the construction loan to the take-out or permanent loan.
In Colorado, general contractors (prime contractors), subcontractors, suppliers, laborers, design professionals and equipment suppliers (lessors) are entitled to payment for work. On private properties, securing payment for the work, equipment and supplies may be through use of a mechanic's lien. We have extensive experience in mechanic's lien filings in Colorado as well as prosecution of lien claims and foreclosures in the courts. With or without lien rights, a contractor, worker or supplier on a construction job may be equally entitled to claims of breach of contract, unjust enrichment and other equitable remedies. We have successfully brought and defended payment claims on behalf of private and public contractors in venues such as arbitration (AAA) and state and federal court.
Another common avenue in both public and private construction is pursuit of a payment bond claim. The typical payment bond scenario involves a general contractor (the "obligor") which buys a payment bond to assure the owner of the project (the "obligee") that payment will be made to the subcontractors and suppliers. Large private projects and government projects typically involve payment bonds, which is useful to pursue for subcontractors and lower tier suppliers and laborers. Rights to make a claim on a payment bond depend on the job (public or private) and may be governed by state or federal law. Strict timelines and claim criteria must be followed to secure bond rights as well as timeframes for bringing a lawsuit against the bonding company. We have experience in bringing and defending bond claims, in litigation and pre-litigation phases of a payment dispute.
The contracting for a project carries the risk that the construction professionals will not perform the job on time, on budget, or correctly. We have experience in guiding our construction clients in assessing the risk and liability for defective construction work, remedies for default for failure to correct or perform, or stopping work due to financial difficulties. Resolution of these issues is often addressed through a variety of means involving negotiation, mediation and litigation if necessary.
MLMW has experience representing owners, general contractors, subcontractors and sureties (performance bond) in both bringing and defending claims. Our experience in work-related claims, including construction performance bond claims, involves prosecution and defense of performance bond claims in state and federal court, and representing owners and general contractors in litigation of defective work in arbitration and before a jury.