If you need a construction contract drafted, negotiated, revised or tailored to Colorado law, we can help. Owner-contractor agreements, design-build contracts, architect and engineer contracts and subcontracts, all are in our wheelhouse. John Mill has drafted and negotiated over $900 million of construction contracts since 2017, plus many architect contracts and subcontracts. We know what is important in a contract, we’ve drafted it before, and we know how to get the other party to say yes.
Have a payment dispute, mechanics’ lien, delay claim, payment or performance bond claim, project closeout issue, subcontractor claim or other construction dispute? We’ve helped owners, developers, general contractors, homebuilders, subcontractors and others resolve all kinds of construction disputes. With years of experience, we know what it takes to promptly and efficiently get you to “done.” From advice on how to avoid disputes in the first place, to negotiation and mediation to settle disputes, to litigation and arbitration when necessary, we’ve been there and done that. John Mill’s experience includes:
- Won a complete victory for the client in a complex case brought by a homeowners’ association after two years of litigation and a week-long trial.
- Obtained $14 million on mechanics’ lien claim for general contractor that built hotel in Vail despite the developer filing bankruptcy.
- Helped design-builder recover funds from former president of subcontractor that failed to pay many sub-subcontractors.
- Helped national engineering firm avoid litigation with owner and pursue and resolve through mediation client’s claims against subconsultant.
- Provided high-level case strategy and worked with client’s insurance defense counsel to drive construction defect case to successful settlement.
Construction Defect Claims
If you want to minimize the risk of construction defect claims, or get one resolved, we know how to do that. John Mill has resolved over fifteen large, complex, multi-party condominium construction defect claims. He also has resolved many other defect claims on retail, industrial, school, apartment, local government, office and other types of projects. Our expertise includes:
- Risk management. We advise owners and contractors on how to manage and reduce the risk of construction defect claims through legal entities, contract terms, insurance, and dispute resolution procedures.
- Mediation and settlement. Non-binding mediation is one of the best ways to resolve construction defect claims. We believe mediation should be a process, not an event, to be most effective. Driving claims toward resolution is one of our strengths. That’s not true of all lawyers. Making mediation most effective, crafting a repair-based settlement, or bringing available insurance to the table, all are potential tools we know how to use to help resolve your dispute.
- Litigation and arbitration. Defect claims involving decks, stucco, HVAC systems, doors and windows, building envelope, plumbing systems, sound transmission, soil and geotechnical issues and much more, check. We’ve seen it, done it and resolved it. How we handle a case is tailored to the needs and objectives of each client. A laser focus on the ultimate goal of a successful outcome for our client gets better results, faster and at lower cost.
- Design defects. Claims that an architect or engineer fell below the standard of care present unique challenges. We have brought and/or defended claims against design professionals involving building envelope, HVAC, ADA, civil, geotechnical and other issues. Working with expert witnesses and understanding the specific requirements for design defect claims allows us to effectively assist clients to bring or defend and ultimately resolve design defect claims.