FN-4176284 MN-4176284 LN-4176284, Esq.
Arbitrator, Mediator, Attorney, Expert Witness
Denver, Colorado
Highly experienced attorney and ADR professional specializing in construction law and commercial disputes. Proficient in all aspects of construction disputes including contract formation and negotiation, litigation of complex and small matters, damages and delay claims, mechanics liens, project workouts, financing, sureties and insurance related issues. Similarly proficient in commercial litigation including business/shareholder disputes, products liability, professional liability (A/E, land surveyors, attorneys, real estate professionals), and personal injury.
Ireland Stapleton Pryor & Pascoe, P.C. - Shareholder
Arbitrator, Mediator, Attorney, Expert Witness
Arbitrator, Mediator, Director, Ireland Stapleton Pryor & Pascoe PC, 2020-Present; Founding Partner, Kelly & Walker LLC, 2014-2020; Partner, McElroy Deutsch Mulvaney & Carpenter, 2012-2014; Partner/Associate, Wheeler Trigg O’Donnell, 2002-2012; Associate, Burns Figa & Will, 2000-2002; Associate, Petrie Bauer & Vriesman, 1997-2000; Attorney, Reinhart Boerner Van Duren & Rieselbach, 1996-1997; Associate, Kirkland & Ellis, 1994-1995.
Construction:
Thirty years of experience in arbitration and litigation representing owners and developers, design professionals, architects, engineers (civil, structural, HVAC, MEP, fire protection), land surveyors, owners' representatives, general contractors, design-build firms, subcontractors and construction management firms in all aspects of construction-related matters from contract drafting and negotiation to project claims, personal injury, contract and payment disputes, design defect, BIM, lost productivity, cost overrun, complex delay claims, professional negligence and construction defect litigation in matters ranging from $100,000 to $250 million.
*Infrastructure: interstate highway/tollway, bridge, airport runway, heavy civil, water/wastewater, transit authority, correction facility
*Industrial: solar/wind and petroleum fired power generation, processing and distribution
*Public/private: public transportation, mixed use rapid transit, stadium/sports facilities, criminal justice/detention facilities, higher education
*Commercial: skyscrapers, high-rise office, mixed use retail, hotel, renovation and repurpose, universities, theatre, senior and assisted-living facilities
*Residential: high-rise apartment and condominium, townhome, custom single-family residential, mountain resort, subsidized low income/multi-family housing
Commercial:
Thirty years of experience as a trial lawyer representing individuals and businesses in federal and state courts, arbitrations and mediations across the country as well as jury and bench trials in Colorado, California, Florida, Texas, New York and other jurisdictions. Handled complex litigation for all types of businesses in a variety of matters including: LLC/partnership disputes, derivate actions, professional liability, product liability, personal injury/sexual assault, qui tam, contract disputes, vicarious liability, financial services, real estate, property management, environmental, securities and civil fraud, conspiracy, complex torts, intellectual property, employment, corporate shareholder, partnership, limited liability company member disputes as well as commercial litigation. Also experienced in assisting licensed professionals in responding to regulatory inquiries or disciplinary matters. Expert witness in attorney fee disputes.
Industries:
Cannabis (facility construction, extraction and business disputes); Construction; Concrete and Pavement Design; Industrial Facilities; Product Development and Design, Manufacturing, Procurement, Distribution, Sales and Warnings; Banking and Trusts; Securities and Brokerage; Non-compete Agreements; Intellectual Property, Patents, Trademarks, Copyrights; Corporate Governance and Shareholder Rights; Water Treatment Facilities, Land Surveying; Retail and Grocery; Professional Service Firms (Medical and Dental Practice, Law firms, Accounting Firms); Real Estate Franchisor/Franchisee, HOA, Property Management.
Thirty years of experience in arbitration and litigation representing owners and developers, design professionals, architects, engineers (civil, structural, HVAC, MEP, fire protection), land surveyors, owners' representatives, general contractors, design-build firms, subcontractors and construction management firms in all aspects of construction-related matters from contract drafting and negotiation to project claims, personal injury, contract and payment disputes, design defect, BIM, lost productivity, cost overrun, complex delay claims, professional negligence and construction defect litigation in matters ranging from $100,000 to $250 million.
*Infrastructure: interstate highway/tollway, bridge, airport runway, heavy civil, water/wastewater, transit authority, correction facility
*Industrial: solar/wind and petroleum fired power generation, processing and distribution
*Public/private: public transportation, mixed use rapid transit, stadium/sports facilities, criminal justice/detention facilities, higher education
*Commercial: skyscrapers, high-rise office, mixed use retail, hotel, renovation and repurpose, universities, theatre, senior and assisted-living facilities
*Residential: high-rise apartment and condominium, townhome, custom single-family residential, mountain resort, subsidized low income/multi-family housing
Commercial:
Thirty years of experience as a trial lawyer representing individuals and businesses in federal and state courts, arbitrations and mediations across the country as well as jury and bench trials in Colorado, California, Florida, Texas, New York and other jurisdictions. Handled complex litigation for all types of businesses in a variety of matters including: LLC/partnership disputes, derivate actions, professional liability, product liability, personal injury/sexual assault, qui tam, contract disputes, vicarious liability, financial services, real estate, property management, environmental, securities and civil fraud, conspiracy, complex torts, intellectual property, employment, corporate shareholder, partnership, limited liability company member disputes as well as commercial litigation. Also experienced in assisting licensed professionals in responding to regulatory inquiries or disciplinary matters. Expert witness in attorney fee disputes.
Industries:
Cannabis (facility construction, extraction and business disputes); Construction; Concrete and Pavement Design; Industrial Facilities; Product Development and Design, Manufacturing, Procurement, Distribution, Sales and Warnings; Banking and Trusts; Securities and Brokerage; Non-compete Agreements; Intellectual Property, Patents, Trademarks, Copyrights; Corporate Governance and Shareholder Rights; Water Treatment Facilities, Land Surveying; Retail and Grocery; Professional Service Firms (Medical and Dental Practice, Law firms, Accounting Firms); Real Estate Franchisor/Franchisee, HOA, Property Management.
As a mediator, has experience in two-party matters both with and without counsel, as well as multi-party matters. Subject matters include: construction defect, commercial business disputes including breach of contract, intellectual property, probate and commercial real estate disputes. Construction matters (residential and commercial) involve builders, design professionals contractors, subcontractors, homeowners and insurance carriers. Also property use disputes and probate matter.
As an advocate, has participated in hundreds of mediations of cases of all sizes including mostly damages of seven figures or more. Many of these mediations involved multiple parties and insurance companies. Subject areas include: professional liability (architects, engineers, land surveyors, lawyers); product liability (as national counsel for product manufacturer, mediations occurred in over 15 different states); commercial business disputes (both public and privately held, shareholder matters, investor issues, business divorces as well as third-party contract/vendor disputes).
As an advocate, has participated in hundreds of mediations of cases of all sizes including mostly damages of seven figures or more. Many of these mediations involved multiple parties and insurance companies. Subject areas include: professional liability (architects, engineers, land surveyors, lawyers); product liability (as national counsel for product manufacturer, mediations occurred in over 15 different states); commercial business disputes (both public and privately held, shareholder matters, investor issues, business divorces as well as third-party contract/vendor disputes).
Construction defect matters: disputes between homeowners and builder or design professionals, contractors and subcontractors.
Commercial business disputes: variety of different types of closely held businesses with issues ranging from investor disputes, product defects, vendor disputes, property owners and neighboring properties.
Probate matter involving family dispute over distribution of assets.
Commercial business disputes: variety of different types of closely held businesses with issues ranging from investor disputes, product defects, vendor disputes, property owners and neighboring properties.
Probate matter involving family dispute over distribution of assets.
Mediations are most effective if the parties trust the process and feel their individual needs are being met. A good mediator is a skilled listener who can assess what is a priority to the respective parties and work to identify where their interests overlap in order to build consensus and a mutual desire towards resolution. My approach to mediation is to do an early assessment of the parties and issues to identify the best process for the participants to secure their trust and buy-in for the work to be done. That may include pre-mediation communications with the parties and/or their counsel which I encourage. Particularly in complex disputes, the pre-mediation work can advance the parties’ thinking and dialogue (through the mediator) and provide the mediator with a preliminary understanding of where the parties disagree which can make the actual mediation more efficient and productive.
I am trained in both evaluative and facilitative mediation and will adjust my work to the individual situation.
I am trained in both evaluative and facilitative mediation and will adjust my work to the individual situation.
Proficient in all on-line platforms. Available for in-person or virtual hearings.
University of Denver Sturm College of Law (JD-1994); Muhlenberg College (BA, Philosophy-1987).
Admitted to the Bar: Colorado (1994), Wyoming (2015), California (2018); U.S. District Court: District of Colorado (1994); U.S. Court of Appeals: Tenth (2011) and First (2012) Circuits.
American Bar Association - Dispute Resolution Committee, ABA Forum on Construction; Colorado Bar Association - Dispute Resolution Committee; Denver Bar Association; Wyoming Bar Association; California Bar Association.
AIA Large Firm Roundtable Spring Conference April 2024
Arbitration Myths and Insights for the Arbitration Practitioner, with Lance Tanaka, AAA Vice President, Colorado Bar Association ADR Conference, October 2023
Arbitration 101, Webinar presentation with Lance Tanaka, AAA Vice President, June 2023
Women In Construction, Denver Business Journal, February 2023, Author and speaker “High Times in the Construction Industry”, CNA Annual Meeting of Invited Attorneys, 2019
Contributing Author, “Grit, The Secret to Advancement – Stories of Successful Women Lawyers”, ABA Commission on Women in the Profession, August 2017
Speaker, DRI Women in the Law Seminar – Rainmaking Workshop, February 2016
Speaker, “Twelve Angry… Jurors: Diversity and Jury Selection”, IADC Annual Meeting, July 2015
Author and speaker “Collaboration or Conflict: What Results When a Claim Triggers Both General and Professional Liability Coverage”, CNA Annual Meeting of Invited Attorneys, May 2015
Speaker, “The Risks of Statutory and Civil Liability on Multi-Employer Jobsites”, American Society of Safety Engineers, 2014 Professional Development Conference in Orlando, FL, June 11, 2014
Faculty, ABA Forum on Construction Trial Academy, June 2012.
Arbitration Myths and Insights for the Arbitration Practitioner, with Lance Tanaka, AAA Vice President, Colorado Bar Association ADR Conference, October 2023
Arbitration 101, Webinar presentation with Lance Tanaka, AAA Vice President, June 2023
Women In Construction, Denver Business Journal, February 2023, Author and speaker “High Times in the Construction Industry”, CNA Annual Meeting of Invited Attorneys, 2019
Contributing Author, “Grit, The Secret to Advancement – Stories of Successful Women Lawyers”, ABA Commission on Women in the Profession, August 2017
Speaker, DRI Women in the Law Seminar – Rainmaking Workshop, February 2016
Speaker, “Twelve Angry… Jurors: Diversity and Jury Selection”, IADC Annual Meeting, July 2015
Author and speaker “Collaboration or Conflict: What Results When a Claim Triggers Both General and Professional Liability Coverage”, CNA Annual Meeting of Invited Attorneys, May 2015
Speaker, “The Risks of Statutory and Civil Liability on Multi-Employer Jobsites”, American Society of Safety Engineers, 2014 Professional Development Conference in Orlando, FL, June 11, 2014
Faculty, ABA Forum on Construction Trial Academy, June 2012.
Hawaii, California, Arizona
$2,500 Per Day
English
United States of America
Denver, CO
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
