Construction Litigation Attorney

Description: Fox Rothschild has an opening in the Denver, CO office for an attorney in our Litigation Department with a focus on construction litigation. The ideal candidate will have 6 to 10 years of progressive litigation experience with a substantial focus on construction law, construction defect, and/or litigation. They will manage a caseload of construction defect matters from intake through resolution, including multi-party residential and commercial defect actions. They will also prosecute and defend construction delay, disruption, and acceleration claims for owners, developers, general contractors, and subcontractors.

Key Responsibilities:

Construction & Design Defect

• Represent developers, builders, general contractors, design professionals, and subcontractors in construction defect litigation, arbitration, and mediation.
• Collaborate with engineering, architectural, and forensic experts to evaluate defect claims involving structural, mechanical, electrical, waterproofing, and building envelope issues.
Stay current on Colorado-specific construction defect statutes, including the Construction Defect Action Reform Act (CDARA) and applicable statutes of repose and limitation.

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Construction Scheduling & Delay

• Analyze Critical Path Method (CPM) schedules and work with scheduling experts to evaluate delay impacts, including concurrent delays, excusable versus inexcusable delays, and owner-caused delays.
• Review and interpret construction contracts, change orders, project documentation, and scheduling records to develop litigation strategies.
• Assess and quantify delay damages, including extended general conditions, lost productivity, acceleration costs, and liquidated damages exposure.

General Litigation

• Draft pleadings, motions, briefs, and other substantive legal documents.
• Prepare and respond to written discovery, including interrogatories, requests for production, and requests for admission.
• Take and defend depositions of parties, fact witnesses, corporate representatives, and expert witnesses.
• Attend and participate in mediations, settlement conferences, hearings, arbitrations, and trials.
• Maintain regular communication with clients and opposing counsel about case developments and litigation strategy.
• Track deadlines, manage caseloads efficiently, and ensure compliance with court rules and scheduling orders.
• Mentor and supervise junior associates and legal staff.
• Participate in business development and client relationship activities.

Qualifications: Juris Doctor required. Must hold an active license to practice law in the State of Colorado.

Knowledge, Skills, & Abilities:

• Demonstrated experience managing complex litigation matters independently from inception through resolution.
• Strong deposition, motion practice, and courtroom experience.
• Second-chair trial or arbitration experience required
• Excellent legal research, writing, and analytical skills.
• Exceptional communication and client-relations skills.
• Strong work ethic, attention to detail, and ability to manage competing deadlines.
• Team player with a collaborative approach; highly motivated.
• Law firm experience preferred.

Work Environment & Physical Demands

• This job operates in a clerical, office setting. This role routinely uses standard office equipment including, but not limited to, computers, telephones, printers, and copiers.

Physical Requirements

• Sedentary work: Exertion of physical strength to lift, carry, push, pull, or otherwise move objects up to 10 pounds. Work involves sitting most of the time. Walking and standing are often necessary in carrying out job duties.

Compensation & Benefits

• The salary range for this position applies to Colorado. The salary range reflects a variety of factors that are considered in making compensation decisions, including but not limited to experience, education, licensure and/or certifications, geographic location, market demands and other business and organizational needs. It is not typical for an individual to be hired at or near the top of the range for a position. A reasonable estimate of the current range for this position is $250,000 – $300,000.
• For information on Fox Rothschild's compensation and benefits visit: Compensation & Benefits (foxrothschild.com).

DISCLAIMER

Fox Rothschild is under no obligation to provide sponsorship for this position. Applicants must be currently authorized to work in the United States on a full-time basis now and in the future. The above is intended to describe the general content of and requirements for the performance of this job. It is not a contract or employment agreement and is not to be construed as an exhaustive statement of all functions, responsibilities, or requirements the employee may be required to perform, and the employee may be required to perform additional duties. Additionally, management reserves the right to review and revise the job description at any time. Employment with the firm is at-will. Employees must be able to satisfactorily perform all of the essential functions of the position with or without a reasonable accommodation. If an accommodation request would cause an undue hardship or a safety concern, the individual may not be eligible for the position.

Fox Rothschild LLP is an equal opportunity employer. We consider all qualified applicants without regard to race, religion, color, sex, national origin, age, sexual orientation, gender identity or gender expression, breastfeeding, lactation, disability, or veteran status, among other factors, in accordance with applicable federal, state, and local jurisdictions.

Applicants who need any assistance applying for a position are encouraged to contact the Human Resources Department, [email protected].