Mill.John.bio
John W. Mill

Member

Phone: 303.299.8358

Fax: 303.298.0940

jmill@shermanhoward.com

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Legal Secretary

Patricia Weant
303.299.8367

Areas of Emphasis

Construction

Litigation, Trials and Appeals

Education

  • Juris Doctor, summa cum laude, University of Illinois College of Law, 1991
    • Editor-in-Chief, University of Illinois Law Review
    • Class Rank Number 2, Class of 1991
    • Order of the Coif
  • Master of Science, University of Missouri-Columbia, 1984
  • Bachelor of Science, cum laude, University of Missouri-Columbia, 1981

John Mill is a construction lawyer representing developers, general contractors, homebuilders, design/builders, public entities, subcontractors, homeowners’ associations and others in the construction industry. He assists clients on the front end of projects with contract preparation and negotiation and steps to reduce risk and avoid litigation; issues that arise during construction like payment disputes and lien claims; and post-completion issues including construction defect claims. He has over twenty years experience in litigation, arbitration, mediation and appeals. John is a member in Sherman & Howard’s Denver office and the assistant head of the firm’s Construction Industry Practice Group. He also has extensive appellate experience, including prevailing in one of the Colorado Supreme Court’s most significant cases regarding under the Taxpayers’ Bill of Rights (“TABOR”) in the Colorado Constitution.

Representative Matters

Construction

  • Represented clients in more than a dozen large, complex, multi-party condominium construction defect matters including in litigation, arbitration, mediation and/or trial. Clients include developers, general contractors, design/builders, subcontractors and homeowners’ associations. Issues have included decks, HVAC, drywall, sound transmission, building envelope, parking garage, door, window, stucco, masonry, roof, plumbing, drainage, concrete and other issues. Many cases resolved through mediation, some resolved without litigation and a number resolved through repair-based settlements.
  • Represented clients in numerous nonresidential construction defect matters involving retail, industrial, school, apartment, municipal, office and other types of projects. Pursued claims against subcontractors; civil, structural, geotechnical and mechanical engineers; architects; and other responsible parties.
  • Asserted multi-million dollar mechanics’ lien claims for general contractors in two cases and handled many other mechanics’ lien matters for construction industry clients. In one case, obtained $14.6 million settlement for general contractor despite developer’s bankruptcy.
  • Helped clients resolve many construction-related disputes regarding payment, delays, subcontractor claims, design issues, contract claims, payment and performance bonds and other issues.
  • After catastrophic failure of large retaining wall, negotiated three-party agreement to jointly fund repairs (including slope stabilization, retaining wall repair and replacement of municipal water line) and jointly pursue responsible parties. Asserted claims, represented client in two days of mediation and successfully settled the case.
  • Won order compelling arbitration of homeowners’ association’s defect claims after association removed arbitration provision from condominium declaration without consent of developer and general contractor.
  • Helped national engineering firm avoid litigation by its client and pursue and resolve through mediation client’s claims against subconsultant.
  • Drafted and negotiated numerous contracts for developers, homebuilders and general contractors including design contracts, construction contracts, purchase and sale contracts and subcontracts.

Appellate Matters

  • Mesa Cty. Bd. of Cty. Comm’rs, et al. v. State of Colorado, et al., 203 P.3d 519 (Colo. 2009) (holding Senate Bill 07-199 relating to school district property tax mill levy rates is constitutional under Taxpayers Bill of Rights (“TABOR”) provision of the Colorado Constitution)
  • Bruce v. Pikes Peak Library Dist., 155 P.3d 630 (Colo. Ct. App. 2007) (affirming summary judgment for district in TABOR case)
  • Transcontinental Ins. Co. v. Denver Drywall Co., No. 2004CA899 (Colo. Ct. App.) (appeal fully briefed; settled before decision)
  • First Trust Corp. v. Bryant, 410 F.3d 842 (6th Cir. 2005)
  • Pruitt, et al. v. Comcast Cable Holdings, LLC, No. 03-1297, 2004 WL 1226935 (10th Cir. June 3, 2004), cert. denied, 543 U.S. 1020 (2004)
  • Bangert Bros. Constr. Co., et al. v. Kiewit W. Co., et al., 310 F.3d 1278 (10th Cir. 2002)
  • Stevens v. First Trust Corp., No. 98CA2209 (Colo. Ct. App. Nov. 18, 1999) (unpublished)
  • Huntoon v. TCI Cablevision of Colorado, Inc., 969 P.2d 681 (Colo. 1998)
  • Godat Family P’ship, Ltd. v. Mountain Star Ltd. Liab. Co., No. 96CA1383 (Colo. Ct. App. Nov. 13, 1997) (unpublished)
Professional Activities
  • Admitted to practice before the United States Supreme Court, United States Court of Appeals for the Tenth and Sixth Circuits, United States District Court for the District of Colorado and Colorado Supreme Court
  • Adjunct Professor, Construction Law, University of Denver Sturm College of Law, 2013-present
  • Faculty, National Institute for Trial Advocacy, Building Trial Skills: Rocky Mountain, 2013-present
  • Member, Associated General Contractors of Colorado Legal Advisory Committee, 2012 – present
  • Board Member, Colorado Fourteeners Initiative, 2012-present
  • Member, Vote No 40 Steering Committee, 2006 (defeated judicial term limits)
  • Member, Denver Metro Chamber Foundation Leadership Denver Class of 2004
  • Board Member, Golden Gate Fire Protection District, 2004-2005
  • Board Member, Colorado Mountain Club, 2002-2004
Publications and Presentations
  • Co-Author, “Colorado Construction Legislation Update,” Colorado Real Estate Journal, May 2013
  • Speaker at several construction seminars sponsored by Lorman Education Services, 2007-2011
  • Speaker, Colorado Municipal League’s Annual Seminar on Municipal Law, “Public Construction Projects and the Colorado Public Works Act,” September 28, 2012
  • Speaker, Associated General Contractors of Colorado Future Leaders Forum on “Managing Risk/Dealing with Claims,” June 21, 2012
  • Guest lecturer, Legal Aspects of the Construction Process Class, Colorado State University, February 1, 2012
  • Guest lecturer, Construction Law class, University of Denver College of Law, March 31, 2009
  • “Contractor Consents to Assignment: Pitfalls and Practical Advice for Contractors,” AGC Colorado eNews (September 7, 2011) by Associated General Contractors of Colorado
  • “Civil Litigation Under the Colorado Organized Crime Control Act-Part I,” 37 The Colorado Lawyer 69 (July 2008).
  • “Civil Litigation Under the Colorado Organized Crime Control Act-Part II,” 37 The Colorado Lawyer 67 (August 2008).
Previous Experience
  • Law Clerk to Hon. James K. Logan, U.S. Court of Appeals for the Tenth Circuit, 1991-1992
  • Special Assistant City Attorney, Denver, prosecuted domestic violence cases, 1995