The Witt Law Firm
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elcome to The Witt Law Firm. We are a Denver law practice that represents homeowners, associations, and businesses in civil litigation and appeals, with a special emphasis on construction disputes. Our firm routinely litigates cases involving construction defects, delay and disruption claims, and insurance coverage issues. We hope that you will find this website informative, and we encourage you to contact us with any questions.

Jesse Witt founded the firm in 2002 and is its principal attorney. The firm adheres to his belief that a collaborative approach involving both attorney and client is the most effective strategy in the majority of cases. We support fair options for alternative dispute resolution whenever possible to avoid litigation, and we advocate aggressively on behalf of our clients when necessary. We always strive to demonstrate the highest ethical and professional standards. From our offices in Colorado, we represent a diverse client base that stretches from the Front Range across the United States, to such cities as Charlotte, Houston, Phoenix, and San Francisco.

The firm accepts all major credit cards and offers flexible payment arrangements, including hourly, flat, and contingent fees. Please click on the links at right to learn more about the firm or email us to arrange for a free consultation.

RECENT NEWS

Witt named to 2014 Super Lawyers

posted about 29 days ago

The Witt Law Firm is proud to announce that its principal, Jesse Howard Witt, has been recognized for the third straight year as a Rising Star in construction law by Colorado Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer …

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Colorado Pool settlement leaves insurance question unanswered

posted about 1 month ago

In January, the Colorado Supreme Court quietly approved a settlement of the Colorado Pool Systems, Inc. v. Scottsdale Ins. Co. case, ending a long legal battle over the scope of the term “occurrence” in construction insurance policies. Although this likely came as a relief to the parties, it leaves a number of questions unanswered for …

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Colorado legislature votes down retainage bill

posted about 2 months ago

Yesterday, the Colorado House of Representatives committee on Business, Labor, Economic, & Workforce Development rejected a bill that would have capped retainage in private construction contracts at five percent. Many construction contracts permit an owner or developer to withhold ten percent or more of a contractor’s earnings to ensure that the work is completed properly. …

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2013 Appellate Practice Update is coming up

posted about 4 months ago

The Witt Law Firm’s Jesse Howard Witt will be among the faculty presenting this year’s Appellate Practice Update for the Colorado Bar Association on 13 December 2013. From the program’s brochure: “An all-star lineup of judges, appellate practitioners, and court clerks present the most current and challenging issues facing lawyers in appellate practice today. This …

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The 4% difference: Why Denver builders are choosing apartments over condominiums

posted about 5 months ago

A recent report prepared for the Denver Region Council of Governments (DRCOG) concludes that developers may opt to build apartments instead of condominiums because they can save up to $15,000 per unit by cutting quality control, using inexperienced subcontractors, and carrying less insurance. On a $400,000 home, such steps could increase a developer’s profit margin …

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Denver Business Journal: better construction curbs lawsuits

posted about 8 months ago

A new story in the Denver Business Journal considers whether litigation is to blame for slow condominium construction in Colorado. The Journal noted that, prior to the Great Recession, many developers were erecting large condominium projects such as Spire and One Lincoln Park. Today, many developers are focusing on apartments instead, and some developers say …

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Economic loss rule does not bar tort claims of construction lender’s subsidiary

posted about 8 months ago

The Colorado Court of Appeals held last week that the economic loss rule does not bar residential construction defect claims against a construction professional, even when the homeowner is a corporate subsidiary of a construction lender, rather than a natural person. Colorado has a long history of protecting homeowners from defective construction. Thirty years ago, …

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Firm wins arbitration award for client

posted about 9 months ago

The Witt Law Firm is pleased to announce that it won an arbitration award for a client in a construction dispute earlier this week. The case arose our of a six-figure remodeling job on a single-family home. The dispute began with minor billing discrepancies but escalated when the homeowners learned that the general contractor had …

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Supreme Court upholds school financing system despite inequities

posted about 11 months ago

Today, the Colorado Supreme Court reversed a lower court’s finding that our state’s public school financing system violates the constitutional requirement that all students receive a “thorough and uniform education.” In a scathing dissent, Chief Justice Bender wrote that “a thorough and uniform system of education must include the availability of qualified teachers, up-to-date textbooks, …

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Insuring the risk of construction defects

posted about 11 months ago

This month, the Denver University Law Review published a new article on construction insurance by Jesse Witt and Marci Achenbach of The Witt Law Firm. Entitled “Insuring the Risk of Construction Defects in Colorado: The Tenth Circuit’s Greystone Decision,” the article reviews the evolution of liability insurance policies in the construction industry and examines how …

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Senate committee rejects Colorado SB 13-052

posted about 1 year ago

On 17 April 2013, the Colorado Senate’s judiciary committee rejected SB 13-052, which would have severely limited legal protections for homeowner associations located near public transit. As originally drafted, the bill would have defined any homeowner association within a half mile of a bus or light rail stop as a “Transit-Oriented Development.” Such associations would …

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Witt named to 2013 Super Lawyers

posted about 1 year ago

The Witt Law Firm is proud to announce that its principal, Jesse Howard Witt, has been recognized for the second straight year as a Rising Star in construction law by Colorado Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer …

(read more)

Colorado Supreme Court holds that LLC member is not liable for theft of construction funds

posted about 1 year ago

The Colorado Supreme Court ruled today that an LLC member’s voluntary injection of capital into a failing construction company did not constitute funds disbursed to a contractor on a construction project for purposes of Colorado’s trust fund statute. As such, the company did not need to hold the capital in trust for the benefit of …

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Colorado SB 13-052 would gut homeowner rights in construction defect disputes

posted about 1 year ago

The Colorado General Assembly is considering a bill that would gut legal protections for many homeowner associations in the Denver Metro Area. Entitled the “Transit-oriented Development Claims Act of 2013,” the bill claims to encourage the construction of new multi-family communities near light rail stations. In reality, however, the bill would simply make builders immune …

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Court of Appeals finds coverage for “rip and tear” damages associated with repairing construction defects

posted about 1 year ago

The Colorado Court of Appeals issued a significant ruling today concerning insurance coverage for construction defects. In Colorado Pool Systems, Inc. v. Scottsdale Insurance Co., 2012 COA 178, the court reversed summary judgment for a carrier that had initially approved, but later rejected, a claim by a swimming pool contractor for the cost of repairing …

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Tenth Circuit affirms dismissal of declaratory relief action in construction defect insurance dispute

posted about 2 years ago

The Tenth Circuit issued a helpful opinion today concerning declaratory judgment actions and insurance coverage for construction defects. The panel affirmed a federal district court’s order dismissing an insurance carrier’s declaratory relief suit against a homeowner association that was seeking to garnish a builder’s insurance policy in Kansas state court. The US District Court for …

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Interlocutory appeals in Colorado

posted about 2 years ago

Trial Talk magazine published its annual appellate practice issue this week, and it features an article by Mr Witt on the newly adopted statute permitting interlocutory appeals in Colorado state courts. The article discusses the history of the law, analyzes the first decisions interpreting it, and provides suggestions for practitioners. Click here to read the …

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Firm wins jury verdict for HOA

posted about 2 years ago

On Friday, a Douglas County jury returned a verdict in favor of one of The Witt Law Firm’s clients, a Lone Tree homeowner association seeking to recover the cost of rebuilding a road in its community. The evidence showed that the community’s developer had not prepared the road’s subgrade properly in the late 1990′s, which …

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Witt named to 2012 Super Lawyers

posted about 2 years ago

The Witt Law Firm is proud to announce that its principal, Jesse Howard Witt, has been recognized as a Rising Star in construction law by Colorado Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The …

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Court of Appeals issues notable construction law opinions

posted about 2 years ago

The Colorado Court of Appeals issued several opinions last Thursday that may be of interest to those who litigate construction claims. I have included the court’s new citation format, though I retain doubts about whether it will catch on. In Swinerton Builders v. Nassi, 2012 COA 17, the court held that a builder could enforce …

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© 2013 The Witt Law Firm. This site is provided solely as a convenience to internet visitors and should not be regarded as legal advice. The information included on this site is of a general nature and may not be applicable to specific legal questions or controversies, which often turn on the particular facts of the situation. Moreover, the law changes often, and this site may not always be updated to coincide with recent legal developments. Past results that The Witt Law Firm has obtained for its clients may not be indicative of future results; every case is unique. Electronic mail (e-mail) links are provided on this site for convenience, but communication by this means should not be considered to be secure or privileged, nor will such communication give rise to an attorney-client relationship. Many legal claims are subject to very short deadlines, so you should contact a lawyer promptly by telephone or in person if you need legal advice.