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Practice Areas

Contract Drafting, Contract Updating, and Contract Negotiations

Day in and day out we assist clients in drafting new contracts, revising and updating existing contracts, and in negotiating the terms and conditions of contracts for ongoing or prospective projects. We focus on defining the scope of the client’s work while incorporating terms and conditions that will provide the best protections to the client should a dispute arise. Whether the contract is a two page service agreement, a multi-part AIA, AGC or EJCDC agreement, or a State, County or City government form contract, we provide the expertise necessary to guide our clients through the maze of contractual terms and provisions.

Construction Disputes including Construction Defect Claims

We offer timely advice about the best possible means to avoid disputes, resolve existing disputes, and respond to construction defect lawsuits. From the receipt of a Notice of Claim through settlement or trial, we prepare and execute a comprehensive litigation plan designed to protect our clients’ interests. Our experience extends to dissecting claims, identifying the client’s best factual and legal defenses, retention of the right expert consultant(s) at the right time, effective management of discovery and motion practice, mediation advocacy, and competent trial representation.

Professional Negligence Claims

CSF attorneys regularly defend claims premised on allegations of breach of the standard of care. We provide a vigorous defense consisting of claim investigation and project file review, goal-oriented discovery and aggressive motion practice. On many cases we are able to successfully challenge the claims against our clients to the extent we are able to resolve the claims long before trial.

Liens and Fee Disputes

On behalf of our clients, CSF files liens, fee recovery lawsuits, and works with our clients to develop a cost-effective strategy to recover judgments on unpaid fees.

State Board of Licensure Issues

From providing general advice to focused responses to Board disciplinary inquiries, the attorneys at CSF are well prepared to assist design professionals meet their obligations pursuant to the statutes and rules administered by the Board of Licensure for Architects, Professional Engineers & Professional Land Surveyors.

Insurance Defense

With over fifty years of combined experience, CSF attorneys have worked with a broad range of professional liability carriers to protect the interests of design professionals. We understand the budget and reporting requirements of professional liability carriers. By timely and effective communication with both the client and the liability claims professional, we work to develop a team approach to resolving liability claims.

Civil Litigation Including Trials, Arbitration and Mediation

Versed in all aspects of civil litigation, CSF attorneys can assist clients in responding to subpoena’s for record depositions, demands that claims be resolved in arbitration pursuant to controlling contract provisions, selecting the best mediator for the type of claims at issue, preparing clients for deposition and trial, drafting motions to challenge the claims against our client, and working diligently with our clients to resolve all claims and disputes.

Appellate Representation including Amicus Briefing in Appellate Cases Impacting Construction Law

The attorneys at CSF regularly monitor and analyze new case law and changes to statutes that impact Design and Construction Professionals. On behalf of the American Council of Engineering Companies of Colorado and the Colorado Association of Geotechnical Engineers, CSF attorneys Phil Cardi and Tim Schulte filed amicus briefs in the seminal Colorado case BRW, Inc. v. Dufficy and Sons, Inc. 99 P.3d 66 (Colo. 2004), supporting the application of the Economic Loss Rule (a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim absent an independent duty), to dismiss a steel subcontractor’s negligence claim against an engineering firm.

 

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