Representative Cases
Construction Contracts and Disputes
Title
Gail D. Palmer and Diana M. Palmer v. Gibco Development,Inc., Peter J. Giblin, and Hepburn Ingham, Case No. 93CV351 in the District Court of Boulder County, State of Colorado
Case Details
Represented the owners of an expensive custom home in a lawsuit against the contractor and its principals for construction defects and construction fraud. The fraud claims were based upon invoices which had been submitted not only to my clients, but to other projects, resulting in double and triple payment for the same construction materials.
Case Outcome
After a one week trial to the Court, obtained a $526,440 judgment for damages, attorney fees, and costs. Then identified two other creditors of the Defendants, and filed an involuntary bankruptcy against the contractor and its principals in pursuing collection of the judgments.
Case Dates 1993-1996
Mechanic’s Lien and Bonded Public Project Disputes
Title
TNT Excavating, Inc. v. Dirt Brothers, Inc. and Don Kelly Construction, Inc., Case No. 02CV663 in the District Court for Douglas County, Colorado
Case Details
Represented a sub-subcontractor, TNT Excavating, Inc. in a lawsuit related to a public works project for breach of contract by the sub-contractor (Dirt Brothers, Inc.) and a claim for unjust enrichment against the principal contractor (Don Kelly Construction) in the amount of $31,975 plus attorney fees, costs and interest.
Case Outcome
After a three day trial to the Court, obtained a judgment from the trial court in the amount of $68,308 for compensatory damages, attorney fees, and costs. Could not get the sub-contractor to pay, so located and seized all of the sub-contractor’s equipment and arranged an execution sale of the equipment by the Sheriffs of Douglas and Arapahoe County. When the sub-contractor filed for Bankruptcy, thereby preventing the execution sale by the Sheriffs, requested relief from stay in the U.S. Bankruptcy Court and sold the equipment at a public action. The original judgment by the trial court in the amount of $68,308 was increased by the attorney fees, costs and interest incurred during the Sheriff’s execution proceedings and the US Bankruptcy Court proceedings in the amount of $44,216, to result in a total recovery of $112,524.
Case Dates 2002-2005
Title
Epic Construction, Inc. v. IDCOL-104, LLC, Anxon, Inc.; 21st Century Bank; BK Fitness, Inc. d/b/a Powerhouse Gym; et.al., Case No. 2009-CV-1083 in the District Court for Adams County, State of Colorado
Case Details
Represented a subcontractor (Epic Construction, Inc.) which had constructed the improvements in a commercial building in a mechanic’s lien claim against the owners of the building, the Bank which had financed the construction of the building, other subcontractors, and the Tenant of the building which operated a gym on the premises.
Case Outcome
Developed the evidence and law to establish that Epic’s mechanic’s lien had priority over the Bank’s deed of trust, resulting in the settlement of the case against the Bank for $355,000. Also obtained judgments against the owners Anxon, Inc. and IDCOL-104, LLC, and following the settlement with the Bank, served Writs of Garnishment related to gym equipment owned by the owners and leased to the Tenant. After multiple hearings before the Court regarding the validity of the Writs of Garnishment, obtained an Order of the Court validating the garnishments. Then arranged for a private sale of the gym equipment, resulting in the payment of an additional $111,968 to Epic. This resulted in a total recovery of $466,968 by Epic, an amount exceeding Epic’s original mechanic’s lien.
Case Dates 2009-2011
Real Estate Sales Fraud and Misrepresentation
Title
Robert B. Bertucci and Cindy M. Bertucci v. Walter A. Langhorn, Karen I. Langhorn, Patricia A. Prisbrey, The Glenarm Corporation, and Leonard Taylor, Case No. 98CV2867 in the District Court for Jefferson County, State of Colorado
Case Details
Represented the Buyers of a modest mountain home purchased for $189,000 in a lawsuit against the Sellers and their realtor for fraud by concealment, breach of warranty, negligent misrepresentation, and violation of the Colorado Consumer Protection Act; and against the Buyers’ home inspector for negligent misrepresentation. The home sustained serious flooding every spring, had numerous problems resulting from shoddy construction by the owner without required building permits and inspections, and the size of the property had been misrepresented.
Case Outcome
After a two week trial to a Jury with numerous witnesses and five expert witnesses, obtained judgments against the sellers for compensatory and punitive damages in the amount of $305,000, against the realtor for compensatory and punitive damages of $257,000, against the inspector for compensatory damages of $2,500; and for attorney fees and costs in the amount of $185,606 and interest in the amount of $221,854. To satisfy the judgments, obtained payment by the realtor’s insurer for $470,000 and by the home inspector for $4,615, and negotiated an agreement with the Sellers whereby they conveyed a home valued at $250,000 to my clients, which had been purchased using the proceeds of sale of their original defective home to my clients. This resulted in a total recovery of $725,615.
Case Dates 1998-2003
Quiet Title Disputes - Submerged Lands Ownership Issues
Title
Roberts Development Corporation v. Robert E. Nye and Wilma E. Nye, et.al., Case No. 05-CA-3754 in the Circuit Court for Lee County, State of Florida
Case Details
Represented Colorado clients who purchased vacant land in Florida for $75,000 on an inlet feeding into the Caloosahatchee River and Gulf of Mexico. They were later sued by the owner of a marina located across the inlet in an action to quiet title to the submerged land underlying the inlet, because the marina had constructed a large number of boat slips on the submerged land.
Case Outcome
Developed the evidence and law to establish that my clients owned the submerged lands underneath the inlet, which had been abandoned by the State of Florida many years earlier. Because the Marina owner had constructed numerous boat slips having very substantial value on the submerged lands owned by my clients underneath the inlet, was able to negotiate a settlement in favor of my client for $850,000.
Case Dates 2005-2008
Substantial Collection Matters
Title
Johnstown Feed and Seed, Inc. v. R.J. Cattle Co., Ronald Phillips, Janet Bashor, and Bonnie Cito, Case No. 89CV297 in the District Court for Weld County, State of Colorado
Case Details
Represented an agricultural cooperative in attempting to collect a 1991 judgment in the amount of $14,893 plus interest at the rate of 18% per annum. Conducted an investigation to determine whether the defendants had property which could be sold to satisfy the judgment, and determined that they owned real property in Weld County. Then worked with the Weld County Sheriff to conduct an execution sale of the real property.
Case Outcome
The Weld County Sheriff’s sale resulted in the recovery by my client of the $14,893 amount of the judgment, together with interest and attorney fees and costs incurred in the Sheriff’s sale in the amount of $74,403, for a total recovery of $89,296.
Case Dates 2001-2002
Title
Grainland Cooperative v. Saco Ag, Inc., Coy A. Strait, Louise M. Strait, Clarkville Express, LLC, and First National Bank of Fleming, N.A., Case No. 99CV02 in the District Court for Phillips County, State of Colorado
Case Details
Represented an agricultural cooperative in a $53,126 claim against one of its customers (Saco Ag) for agricultural supplies which were sold and delivered but not paid for. In the course of investigating whether Saco Ag had assets that could be used to satisfy any judgment that might be obtained, discovered that Saco Ag had conveyed real property owned by it to Coy and Louise Strait, the mother and father of one of its shareholders. Also discovered that Coy and Louise Strait had borrowed money from the First National Bank of Fleming and pledged the same real property to the Bank as collateral for the repayment of the loan. Therefore, filed a lawsuit to collect damages from Saco Ag, and to set aside the conveyances of the real property as fraudulent transfers, so that the property could be used to satisfy any judgment obtained.
Case Outcome
After a three day trial to the Court, the Court entered orders setting aside the conveyances of the real property by Saco Ag and Coy and Louise Strait as fraudulent transfers, and entered judgment in the amount of $87,700 for compensatory damages, $2,977 for court costs, and $36,387 for interest, for a total judgment of $127,064. Based upon the threat of execution upon its assets, the First National Bank of Fleming then purchased the judgment from my client, so that the Bank would be able to pursue collection of the judgment against the other defendants, resulting in a total recovery of $127,064 by my client.
Case Dates 2001-2005
