Colorado Civil Litigation Attorneys

At Griffiths Law PC, our team of experienced Colorado civil litigation attorneys is dedicated to providing effective advocacy and personalized legal solutions for clients facing various civil disputes. With a proven track record of success in state and federal courts throughout Colorado, we are committed to protecting our clients’ rights, interests, and financial well-being. Navigating the complexities of civil litigation can be stressful and overwhelming, and our team is here to provide you with the trusted legal guidance and zealous advocacy you deserve through the entire process.

What is Civil Litigation?

Civil litigation is the legal process for resolving disputes between private parties, unlike criminal cases involving the government prosecuting an alleged offense. Civil lawsuits aim to achieve a variety of objectives, including:

• Obtaining an injunction to prevent a future wrongful act
• Enforcing a contractual right
• Protecting intellectual property rights
• Resolving property ownership disputes

Types of Civil Litigation Cases We Handle in Colorado

Civil litigation encompasses a broad spectrum of legal disputes between individuals, businesses, organizations, and government entities. From contract disputes and business litigation to employment disputes, civil litigation cases can arise in various contexts and involve complex legal issues. At Griffiths Law PC, our skilled civil litigation attorneys have the knowledge, experience, and resources to handle a diverse array of civil matters, including but not limited to:

Construction Defects

Your home should be a safe and secure haven, and unfortunately, defects can turn your dream home into a nightmare. At Griffiths Law PC, our experienced Colorado construction defect lawyers understand the frustration and financial burden of these issues. We represent homeowners, community associations, businesses, office complexes, and property owners in cases concerning defects during construction or after costly mistakes have been made and discovered.

Construction defects encompass any flaws or imperfections in a building or structure that arise from errors in design, materials, workmanship, or construction methods. These defects can compromise the building’s safety, functionality, and value. Our civil litigation team handles the following types of construction defect claims:

• Structural defects
• Water intrusion
• Exterior cladding and envelope issues
• HVAC and plumbing defects
• Electrical system defects
• Defective building materials
• Life safety code violations

Real Estate Disputes

Real estate transactions are often significant financial undertakings. While many transactions go smoothly, disagreements can arise, leading to real estate disputes. Our knowledgeable Colorado real estate attorneys understand the complexities of these disputes and are dedicated to protecting your interests. Whether you are a property owner, developer, tenant, or homeowner association (HOA) representative, we have the knowledge and experience to protect your interests in real estate litigation matters.

We handle a wide range of real estate disputes, including but not limited to the following:

• Contract disputes, including breach of contract and misrepresentation
• Title and ownership issues, including title defects, boundary disputes, and heir disputes
• Zoning and land use issues, including zoning violations and HOA disputes
• Disclosure issues, including seller’s disclosure requirements
• Environmental issues, including those pertaining to lead paint and soil contamination

Insurance Disputes

We advocate for policyholders in disputes with insurance companies over various issues, including coverage disputes, claim valuation issues, and bad-faith insurance practices. Our Colorado attorneys have the experience and resources to negotiate effectively with insurance companies and, if necessary, litigate insurance disputes to secure the coverage and benefits our clients deserve. Common insurance disputes we can assist with include:

• Policy interpretation
• Denial of coverage
• Underpayment of claims
• Unreasonable delays
• Failure to investigate
• Denials based on frivolous reasons
• Property insurance disputes
• Business insurance disputes

Insurance companies have a team of lawyers looking out for their interests. You deserve the same level of representation.

Business and Commercial Litigation

We assist businesses of all sizes in resolving commercial disputes. We aim to safeguard your business interests and financial stability while pursuing cost-effective and efficient resolutions to complex business litigation matters. Our firm offers comprehensive representation in a variety of business and commercial litigation matters, including:

• Breach of contract, including those relating to product sales, service agreements, non-disclosure agreements (NDAs), and business partnerships
• Business torts, including tortious interference with a contract, misrepresentation, and unfair business practices
• White-collar crime, including securities fraud
• Business entity formation and governance disputes, including proper business formation procedures and disputes regarding shareholder voting rights or management decisions
• Intellectual property infringement, including trademarks, copyrights, patents, and trade secrets
• Unfair competition, including unfair business practices aimed at harming a competitor
• Employment law disputes, including contract disagreements, discrimination, wrongful termination, and wage and hour violations
• Product liability, including liability by a manufacturer, distributor, or retailer

Civil Partition Actions

A civil partition action is a legal proceeding that allows co-owners of real property to seek a court order dividing the property or selling it and dividing the proceeds. At Griffiths Law PC, we handle the two primary types of civil partition actions in Colorado:

• Partition in kind: This type of partition aims to physically divide the real property into separate parcels, each assigned to a co-owner based on their ownership interest. “In-kind” means dividing the property, not just the proceeds from selling it.
• Partition by sale: A partition by sale might be necessary if physically dividing the property is impractical or not feasible due to the property’s characteristics (e.g., single-family home). In this scenario, the court will order the property to be sold on the open market, and the proceeds will be divided among the co-owners according to their ownership interests.

Business & Partnership Disputes

Building a successful business partnership requires trust, open communication, and a clear understanding of roles and responsibilities. Unfortunately, disagreements and conflicts can arise, disrupting operations and jeopardizing the partnership’s future. At Griffiths Law PC, our seasoned Colorado civil litigation attorneys handle the following common partnership disputes:

• Breach of fiduciary duty: Partners owe each other a duty of loyalty and fair dealing. This duty can be breached through actions like self-dealing, which is taking opportunities for personal gain that should benefit the partnership, misusing partnership assets, or withholding crucial information.
• Disagreements about management and operations: Partners might clash over management styles, strategic direction, profit sharing, or allocation of responsibilities.
• Financial disputes: Disagreements concerning finances are frequent, including issues related to partner contributions, profit and loss sharing, and allocation of expenses.
• Deadlocks and impasse: Sometimes partners can become deadlocked on critical decisions, halting progress and jeopardizing the business.
• Dissolution of the partnership: If the partnership becomes dysfunctional or irreparable, disputes can arise regarding dissolving the business, dividing assets, and settling outstanding debts.
• Misconduct or fraud by a partner: Legal action might be necessary if a partner engages in misconduct or fraud that harms the partnership.

If communication and mediation efforts fail, it might be necessary to pursue legal action. Our skilled Colorado civil litigation attorneys can represent you in various ways, including:

• Negotiating a buyout agreement: If one partner wishes to exit the partnership, we can negotiate a buyout agreement that fairly compensates the departing partner and protects the interests of the remaining partners.
• Seeking dissolution of the partnership: If the partnership is no longer viable, we can help you navigate the legal dissolution process, ensure a fair division of assets, and protect your rights throughout the process.
• Litigation: In some cases, litigation might be necessary to resolve complex disputes or enforce the terms of the partnership agreement.

Mechanic’s Liens

A mechanic’s lien is a legal claim against a property that grants the lienholder a security interest in the property. This means that if you do not receive payment for your work or materials on a construction project, you can potentially force the sale of the property to recover the owed amount. Our civil litigation lawyers at Griffiths Law PC frequently handle these two primary types of mechanic’s liens recognized in Colorado:

• Section 101 lien: This is the most common type of mechanic’s lien and applies when a property owner directly hires a contractor to work on their real property. In this scenario, the contractor can file a mechanic’s lien if not paid for their labor and materials.
• Section 105 lien: This type of lien applies when a subcontractor or material supplier furnishes labor or materials to a contractor, but the contractor fails to pay them. The subcontractor or material supplier can then file a mechanic’s lien on the property to secure payment.

It is important to note that property owners have certain rights and protections under Section 105. They can avoid mechanic’s liens by requiring contractors to provide a “paid receipt affidavit” demonstrating that all subcontractors and material suppliers have been paid. Our civil litigation team is familiar with the requirements and details of both types of mechanic’s liens and can help you navigate their legal complexities.

The Colorado Civil Litigation Process

Civil litigation in Colorado generally follows a well-defined process, although the specifics can vary depending on the nature of your case. Here is a simplified overview of the typical stages:

• Consultation: Your first step should be to schedule a consultation with one of our experienced Colorado civil litigation attorneys to discuss your legal concerns.
• Pre-lawsuit investigation: Our team will thoroughly investigate the facts of your case, gather evidence, and identify potential witnesses. We will also analyze the applicable laws and legal precedents.
• Demand letter: In some cases, we may send a demand letter to the opposing party outlining the basis of your claim and seeking a desired resolution before filing a lawsuit.
• Complaint and answer: If a lawsuit is necessary, we will draft and file a formal complaint with the appropriate Colorado court. The complaint details the allegations against the defendant, and the defendant will then respond with an answer, admitting or denying the allegations.
• Discovery: This phase involves exchanging information between parties to help build a strong case and identify weaknesses in the opposing party’s arguments. This process might include document production, depositions, which consist of questioning witnesses under oath, and interrogatories, which are written questions answered under oath.
• Negotiation: Throughout the process, settlement negotiations can occur informally between parties or through alternative dispute resolution methods, including mediation or arbitration. Our skilled attorneys will work tirelessly to negotiate a fair settlement that meets your needs and avoids the time and expense of trial.
• Trial: If a settlement cannot be reached, the case will proceed to trial. During a trial, a judge or jury will review arguments and evidence presented by both sides to determine a verdict and award damages.

Having the Right Legal Representation Can Mean the Difference Between Success and Defeat

When it comes to selecting representation for your civil litigation matter, experience matters. At Griffiths Law PC, our track record of success speaks for itself, and we have earned a reputation for delivering exceptional results for our clients. Do not wait to contact us to learn how we can assist you in your civil litigation matter.