Scott J. Mikulecky

Member

Colorado Springs, Colorado Denver, Colorado

Phone: 719.448.4048

Fax: 719.635.4576

smikulecky@shermanhoward.com

Education

  • Juris Doctor, Duke University School of Law, 1986
    • Member, Moot Court Board
    • Editor, Legal Research Program
  • Bachelor of Science, Honors Degree, Colorado State University, 1982
    • Phi Beta Phi
    • Beta Gamma Sigma

Scott Mikulecky is a member in Sherman & Howard’s Litigation, Trials & Appeals practice group. Scott has 30 years of experience representing individual and corporate clients in commercial disputes in Colorado’s state and federal courts and other state and federal courts throughout the Rocky Mountain Region and in various forms of arbitration and mediation proceedings. He has extensive experience with construction litigation, representing developers, contractors, subcontractors, suppliers and building and residential owners.

Scott has also served as a mediator in a number of cases.

Experience

  • Negotiated and drafted numerous contracts for builders, developers, subcontractors and owners.
  • Successfully defended developer in $3 million breach of contract litigation seeking specific performance.
  • Successfully defended contractor in $5 million construction defect claim.
  • Negotiated and drafted subdivision agreements with governmental entities.
  • Successfully negotiated claim against Municipality for illegal zoning change, taking of property in violation of vested rights.
  • Defended contractor on owner’s claims of delay and back charges with the result that contractor was not liable for any of the claimed delays and back charges.
  • Successfully defended homeowner against claims of improper method of killing squirrels.
  • Successfully represented building owner in claim against insurance company claiming no coverage for carbon monoxide poisoning.

Publications & Presentations

  • Haven’t Reviewed Your Contracts in a While? Consider These…
    Sherman & Howard Construction Seminar | February 2018
  • Haven’t Reviewed Your Contracts in a While? Consider These…
    Sherman & Howard Construction Seminar | October 31, 2017
  • The Haze Surrounding Metro Districts
    Annual Colorado Construction Law Seminar | February 2017
  • The Haze Surrounding Metro Districts
    Annual Colorado Springs Construction Law Seminar | November 2016
  • How to Avoid Being Swept Away in the Tidal Wave of ADA Lawsuits
    Arizona Construction Law Seminar | October 2016
  • Design-Build Legal Issues
    Annual Colorado Construction Law Seminar | February 2016
  • What is the Fix for Residential Construction Defects
    Annual Colorado Springs Construction Law Seminar | October 2015

Professional Activities

  • American Bar Association
    • Forum Committee on the Construction Industry
    • Circuit Editor, ABA Appellate Practice Journal
  • El Paso County Bar Association
  • Director, Housing and Building Association of Colorado Springs
  • Director, Big Brothers/Big Sisters of Colorado
  • Director, St. Peter’s Parish
  • General Counsel, Fraternity of Phi Gamma Delta

Highlights

  • Best Lawyers in America, “Best Lawyer,” Construction (2020)
  • Colorado Springs Style Magazine, “Top Attorney – Civil Litigation” (2017-2018); “Top Attorney – Construction Law” (2015)
  • Housing and Building Association of Colorado Springs, “Industry Person of the Year” (2012)
  • Listed in Who’s Who in American Law