Construction Law, Construction Lawyers, and Construction Litigation
As a Boulder construction lawyer, I represent owners, contractors, subcontractors, architects, equipment suppliers, and material suppliers in construction transactions throughout Colorado. I also represent clients in construction disputes and in construction defect and warranty claims. What is construction law? Some of the issues I assist clients with include:
Cost overruns and change orders
Defective work claims
Prevailing wage disputes
In 2006,Mark Cohensuccessfully represented a subcontractor in a two-week long jury trial in the Jefferson County District Court arising out of the failure of a retaining wall. In another case he obtained a six-figure arbitration award against a Denver builder, and when the builder was unable to pay the judgment, Mr. Cohen successfully sued the owner of the company in his personal capacity and won a jury verdict that included punitive damages.
I strive to draft construction documents that are easy to understand and that will prevent disputes from arising after the documents are signed. I understand that in order to protect my clients, I must educate them concerning the legal implications of the provisions in a document.
Too often property owners and contractors rely on templates prepared by the Associated General Contractors of America (AGC), the American Insitute of Architects (AIA), or other national associations without fully understanding them and modifying them so they are appropriate for the project and so all parties understand their rights and obligations. This can lead to disaster. Every contractor and owner should have a qualified attorney review the proposed construction contract and related documents BEFORE signing them.
Many construction contracts include an arbitration clause, and I am thoroughly familiar with the Construction Industry Arbitration Rules of theAmerican Arbitration Association. I have represented clients in construction arbitration actions before the AAA and in voluntary mediation conducted by an agreed upon mediator. I also serve as an arbitrator and mediator in construction disputes by agreement of the parties.
Mediation, Arbitration, and Litigation
Mark has expertise in disputes involving sand and gravel projects, concrete projects, rock crushing, screening, road base, road construction, and other types of aggregates projects. He also has experience with public works projects, including application of the Miller Act and the Davis-Bacon Act.
Mechanic’s Liens and Other Liens
Because I represent a heavy equipment distributor, several general contractors and subcontractors, and lumber suppliers, I am fully experienced in Colorado's mechanic’s lien laws. I assist clients with lien foreclosures, surety bond issues, enforcement of lien-holder’s rights in bankruptcy, and excessive or spurious liens. I also draft notices of intent to lien, lien statements, and related documents. I am also familiar with the Colorado Department of Transportation (CDOT) contracting process and the statutes governing liens on CDOT and other state projects.
When I represent contractors, subcontractors, and suppliers I work to educate clients about the laws governing mechanic's lien laws so they know what they must do to protect their lien rights and when they must do it. I can also advise and assist property owners seeking to resolve lien disputes or have spurious liens declared invalid.
Sand, Gravel, Crushing, Aggregates, Concrete, and Road Construction
I have expertise in disputes involving sand and gravel projects, concrete projects, rock crushing, screening, road base, and other types of aggregates projects. I am also familiar with the Colorado Department of Transportation (CDOT) contracting process and the statutes governing liens on CDOT projects.
Condominiums and Homeowners Associations
I advise and assist clients in condominium development projects, condominium conversions, and in the creation of common interest communities. I can prepare all legal documents required to create a condominium or common interest community. I am thoroughly familiar with the Condominium Ownership Act and the Colorado Common Interest Ownership Act. I represent several mountain homeowners associations, and I have also successfully represented property owners in disputes with homeowners associations.
Home Inspection Law
I represent the International Association of Certified Home Inspectors (“InterNACHI”), a trade association recognized under Section 501(c)(6) of the Internal Revenue Code. Consequently, I am familiar with all aspects of home inspection law, including the standards of practice of the major trade associations, common contract provisions, home inspection agreements, state licensing laws, and trends in legislation.