Our Difference

Our Construction industry group is the largest construction law practice in the Rocky Mountain region. With lawyers focused exclusively on construction, our group possesses exceptional industry insight and proven experience in guiding clients through the entire construction process—from contract negotiation, preconstruction issues, OSHA inspections, and claims of all kinds. Whether addressing scheduling delays, payment disputes, defect allegations, or permitting issues, our team has the proven ability to help guide projects to on-schedule, on-budget completion, and to work tirelessly as zealous advocates when resolution lies in court or arbitration.

Our team includes former engineers, contractors, and government attorneys, as well as experienced arbitrators and mediators of construction disputes. With these backgrounds, we are able to offer a well-rounded perspective and hands-on experience in handling the types of issues our clients face. From the earliest stages of development through the final issuance of the certificate of occupancy, our team collaborates with the firm’s robust corporate and real estate teams. Collaboration among our various teams is key to our clients’ success, a value-add that standalone construction groups cannot offer.

We know construction inside and out, and regard it as its own specialized practice area, not just a branch of commercial or contract law. We stay current on industry trends and risks, and regularly speak and write on issues impacting the construction industry. Members of the team are professors and instructors on construction subjects, and active in construction industry organizations.

Our Approach

Sherman & Howard’s Construction industry group provides comprehensive service and practical advice, guiding our clients through every step of the construction process from conception through project completion and beyond. By listening closely to our clients and working as part of the team, we gain a clear understanding of the challenges they face and their goals. We combine outstanding service with efficiency, value, and results.

When claims arise, we conduct a strategic early assessment of the facts and circumstances. We work toward resolving issues without litigation, when possible, implement repair-based settlements, when appropriate, and use negotiation, mediation and other forms of alternate dispute resolution to resolve claims quickly for our clients. With exceptional experience, we are able to see around the corners and provide our clients with meaningful case evaluations, a cost/benefit analysis and detailed risk assessment, and alternative courses of action. We bring and defend claims before arbitrators and in courts throughout Colorado, the Rocky Mountain Region, and throughout the country. Further, our lawyers regularly work with our clients’ insurers and insurance defense counsel to resolve claims. The team is also experienced in asserting claims against insurance companies when they wrongfully delay or deny insurance benefits.

Services

Representing clients at every phase of construction, our services include advising on and assisting with risk avoidance strategies and resolving:

 

CONTRACTING & PRECONSTRUCTION ISSUES

We regularly draft and negotiate construction contracts, design contracts, and other documents to allocate risk, define responsibilities, avoid disputes, and support our clients’ objectives.

 

GOVERNMENT CONTRACTS MATTERS

Members of our team have extensive experience in negotiating government contracts, and handling bid protests, construction-related disputes, and suspension and debarment proceedings. We advise clients on entity creation, project delivery methods, and insurance programs including wrap-ups, safety and health programs, and many other matters.

 

ISSUES IN THE COURSE OF CONSTRUCTION

We help clients promptly and efficiently resolve the many issues that can arise during a construction project. Our attorneys prepare, assert, and defend claims involving change-order issues, payment disputes, differing site-conditions claims, design issues, contract disputes, terminations, subcontractor defaults and claims, mechanics’ liens, bond claims, and other types of claims.

 

POST-CONSTRUCTION CLAIMS & DISPUTE RESOLUTION

Fully aware of the significant costs – financial, business and emotional – of lengthy disputes, we work hard to resolve disputes for our clients effectively and efficiently. Our construction attorneys have achieved winning results for both plaintiffs and defendants in construction defect cases, on claims involving design professionals, delay and disruption, on bond claims, insurance recovery claims, and the full gamut of construction-related disputes.