Construction Litigation

Growing up in Indiana, Mike Cross spent his summers building warehouses and learned every aspect of the construction trade, which eventually led to his interest in advocating for those in the construction field. With a genuine concern for his clients, Mike understands he has two roles in every construction case: advocate and counselor. Mike fiercely and aggressively fights for his clients while providing advice and counsel always with an eye on the bottom line.

We represent all parties on a construction project for, among other things, payment claims, scope of work disputes, contract negotiation, and construction defect claims. To get our clients paid, we employ the arsenal of remedies available through Colorado law to consistently deliver results for clients, including mechanic’s liens, bond claims, contract claims, statutory remedies, and pursuit through bankruptcy if necessary.

The following are some of the issues we handle on a regular basis:

Mechanic's Liens

Defending Mechanic's Liens

Public Works Act

Miller Act Claims

Civil Theft

Contractor's Trust Fund

Breach of Contract

Unjust Enrichment

Payment Statute of Limitations

Force Majeure/Acts of God

Damage to Work in Place

Leapfrogging/Squeeze Out

Contract Price Structures

Termination Provisions

"Pay if Paid" Clauses

Indemnification

Pass Through Provisions

Inspection Obligations

Retainage

Venue/Arbitration

Consequential Damages

Warranty Claims

Construction Defect Claims

CDARA

Notice of Claim Process

Limitations of Defect Liability

Defect Damages

Defect Statute of Limitations

Insurance

Here are a few of the ways Mike has helped his construction clients:

When a general contractor wrongfully terminated a pipefitting subcontractor, Mike obtained a judgment at trial in the amount of $172,532.39 representing the profits the subcontractor would have received on the rest of the project. When the general contractor shut down the company to try to avoid collection, Mike brought a successful action against the individual owner to pierce the corporate veil.

When owners wrongfully terminated a custom home builder during a project, Mike pursued a breach of contract claim in arbitration resulting in a payment to the builder in the amount of $335,000.

When a general contractor walked off a residential remodel project, Mike obtained a judgment at trial resulting in a $300,000 payment to the owner.

When the owner of a high rise apartment complex wrongfully terminated a $1.7 million restoration and asbestos abatement contract, Mike brought a breach of contract claim for the profits his clients expected to receive on the remainder of the project resulting in a settlement payment in the amount of $300,000.

When an unscrupulous contractor recorded a $318,000 mechanic's lien against a single family residence, Mike moved the court for an expedited evidentiary hearing and secured an order discharging the lien as excessive and awarding his client attorney fees.

When a general contractor on a federal project wrongfully withheld payment from a subcontractor and engaged in improper leapfrogging by paying suppliers directly, Mike navigated proper withdrawal from the project and helped secure approximately $500,000 in payments from the surety through a Miller Act claim.

When an asbestos abatement contractor's negligence led CDPHE to declare a major spill, Mike secured a settlement for the developer for delay damages and spill remediation costs resulting in a payment in the amount of $312,500.

When a disgruntled electrician recorded an excessive mechanic's lien in the amount of $169,525 against a commercial development, Mike bonded around the lien to clear title and then obtained a dismissal without payment.

When an owner diverted insurance proceeds due to an asbestos abatement contractor, Mike obtained a judgment at trial in the amount of approximately $90,000, representing three times the amount of the diverted proceeds, plus attorney fees.

When an owner wrongfully withheld insurance proceeds from a mitigation contractor, Mike obtained a judgment at trial and foreclosed on the property resulting in a $65,000 payment to his client.

When an owner withheld payment from a general contractor, Mike secured a settlement on the eve of trial for $125,000, more than the principal amount due and owing.

When CDPHE pursued an enforcement action against an asbestos contractor, Mike defended his client through the final administrative hearing prevailing on four of the six claims asserted, results which led CDPHE to voluntarily withdraw a separate enforcement proceeding.

When a general contractor collapsed on a multi-family project and diverted proceeds intended for subcontractors, Mike obtained a judgment at trial in favor of a framing subcontractor against the developer even without a mechanic's lien by pursuing a claim for unjust enrichment.

When a general contractor failed to provide payment to subcontractors and suppliers and then went out of business, Mike represented a hotel developer through the negotiation of numerous complicated claims filed against the property.