Construction and insurance

The Witt Law Firm’s founder, Jesse Howard Witt, has personally worked in the construction industry, represented builders in litigation, and prosecuted numerous construction defect claims on behalf of homeowners and associations. This diverse background provides The Witt Law Firm with both a unique perspective on construction litigation and the skills necessary to resolve claims favorably through mediation or, when necessary, through arbitration or trial.Construction Lawyer Denver

The firm also provides experience litigating insurance coverage issues, a critical component of any construction dispute. For homeowners, it is little consolation to recover a large verdict only to find that the defendant builder is bankrupt or otherwise unable to pay. For contractors, it is shocking when an insurance carrier who has collected thousands of dollars in premiums refuses to provide the coverage described in its policy. In situations like these, it is crucial to have qualified legal counsel to ensure that the responsible insurance companies act in good faith and honor the terms of their policies.

For more information about construction law or insurance claims, please contact us at (303) 216-9488 to arrange for a free consultation. Colorado residents may also wish to review our “Homeowner Bill of Rights” for general information about the remedies available when facing construction defects.
Representative cases:

  • Cherry Creek Recycling, LLC v. Delaware Dept. of Transp. (AAA 2017). In differing site condition case involving the demolition of a bridge on the eastern seaboard, recovered $1.3 million arbitration award for Denver subcontractor on claim against department of transportation and general contractor. Prosecuted separate bad faith action in Colorado to force insurance carrier to defend subcontractor from barge supplier’s admiralty action in New Jersey.

 

  • Towne Square Lofts Homeowners Ass’n v. Towne Square Condos., LLC et al., (AAA 2015). In construction defect arbitration, overcame statute of limitations and repose defenses to recover $1.5 million for thirteen-year old homeowner association. Successfully pierced corporate veil to hold parent company liable for damages and attorney fees.

 

  • Hamon Contractors Inc. v. Colorado Dept. of Transp., No. 08CA810 (Colo. Ct. App. Mar. 12, 2009) (unpublished). Successfully obtained reversal of order finding that firm’s client had not preserved claim for unpaid rock excavation; appellate court remanded with instruction to find in client’s favor.

 

  • Flatiron Crossing litigation. (Colo. 17th Dist. 2009). Represented multiple tenants of shopping mall in dispute with landlord over expansive soils damage; matters eventually settled under confidential terms.

 

 

  • Insurance Co. of the State of Pa. v. Triton Development, 2005WL2359125 (D. Colo. Sept. 26, 2005). Successfully obtained stay of insurance company’s declaratory judgment action against homeowner associations; federal judge ruled that associations’ garnishment action in state court was proper forum to decide coverage issues.