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We are a local, approachable Denver law firm representing clients in and out of the courtroom. We are Civil Litigators and Transactional Attorneys. We are Construction Attorneys, Business Attorneys, and so much more. Our focus is to provide honest and up-front advice and evaluations to help you make the best decision.
What We Do...
Contractors & Tradesmen
We work with construction professionals in the Denver area before and after disputes occur. Typical disputes involve contract issues, construction defects, non-payment, property damage, warranty claims, mechanic's liens, trust fund statute, civil theft, liens and bonds, and insurance claims in residential and commercial buildings.
Construction: Homeowners & Property Owners
We work with homeowners and property owners who are in the process of hiring a contractor or are already in the midst of a construction project. Common disputes involve shoddy construction work, property damage, payment disputes, incomplete work, mechanic's liens, permits, licenses, inspections, insurance claims, and warranty issues.
Drafting & Disputes
Contracts are an important part of our everyday life. We work with clients out of the courtroom, drafting, negotiating, advising, and interpreting contracts and agreements. When disputes arise, we represent clients and assist them in enforcing contracts, resolving disputes, terminating agreements, and dealing with unforeseen issues.
Real Estate Law & Litigation
Protecting your property is our main goal. Real estate disputes are common during the buying and selling of property and may include issues regarding non-disclosures made by the seller, chain of title, zoning, easements, and liens. Real estate litigation also involves issues between neighbors, boundary disputes, HOA matters, adverse possession, tenant-in-common agreements, joint ownership, leases and eviction, and actions in partition.
Business Formation & Organization
Business formation and organization involves involves the creation and amendment of business entities such as limited liability companies, c-corporation, s-corporations and joint ventures among others. Our firm works with clients to create and protect your new or old business. The formation/reorganization process involves developing a corporate structure, identifying the best entity for your business model, opening a formal entity with the Colorado Secretary of State, and drafting agreements that will form the foundation of your business. We also work with businesses that are already in operation that need to reorganize, expand or consolidate their company.
High Asset Divorce
Diving assets, assessing maintenance (or alimony), calculating child support, allocating parenting time and custody are the major categories involved in most divorce proceedings. Divorce is a complex and complicated process, especially when dealing with large assets, real property, retirement accounts, and joint or single-spouse owned businesses. As business attorneys and civil litigators, our attorneys are well versed in identifying and protecting your valuable assets and creating an equitable division of marital assets. Distinguishing between marital assets and separate property is an essential part of a divorce.
How long does civil litigation typically last?The District Courts in Colorado strive to civil litigation cases within one year of filing. The length of litigation is frequently longer than that due to several factors, including how many parties are involved, when parties are joined, extensions that may be granted, and complex issues requiring extensive discovery. Generally, and particularly after COVID, there are multiple cases set for the same trial dates. If a more senior case set on your trial date is not resolved prior to trial and the parties are prepared for trial, junior cases will be continued to a later date.
What is civil litigation?Generally, civil litigation involves disputes over money. Civil litigation encompasses every kind of dispute that is not criminal in nature. The more common types of claims you see in civil litigation involve contracts or torts (negligence, fraud, personal injury, etc.) seeking money, equitable relief, or a determination of legal rights.
What should I do when I’m involved in civil litigation?The first thing to do when facing civil litigation is to find yourself an attorney with experience in your type of claim. Many attorneys, including Sullenberger Roskamp PLLC, offer free telephone consultations. You should take advantage of multiple consultations with different attorneys to find the lawyer who is right for you.
Is there anything I need to have ready for my attorney when in discovery for civil litigation?Fairly soon after all parties have filed their pleadings, you will have to participate in initial disclosures and discovery. That is the point in time where everyone must hand over all of their evidence, and witnesses, and calculate their damages to provide to the other side. This is often the most costly and time-consuming aspect of litigation because litigants are not prepared. When you are entering civil litigation, you should be prepared to hand your attorney a list of every party involved, any witnesses with information, and their contact information. You should also organize and provide any documentation related to the dispute, which may include communications with all parties and witnesses; any contracts, estimates, or invoices related to the dispute or repairing someone else’s poor work; bank and credit card statements; medical bills and treatment records; construction plans; documents relating to the organization and operation of your business, and the like. Being prepared and organized with this information is by far the best method of minimizing attorney fees in this costly part of litigation.
Can I represent myself in civil litigation?While we never recommend it outside of small claims matters, you may be able to represent yourself in civil litigation. If your business is facing civil litigation, and the dispute is significant enough, you will not be able to represent your company in litigation without a lawyer. For individuals and small-dollar business disputes, even though you may be able to represent yourself, you will be held to the same standards as a lawyer. That is often a disadvantage, even if all of the facts and evidence are on your side, particularly if facing opposition from a represented party. You will be expected to provide your evidence in accordance with the rules of civil procedure and evidence, which may seem unfair to you, but which a seasoned litigator should be able to navigate for you.
Will the other side have to pay my attorney fees if I win?The American Rule is that each party pays its own attorney fees. The only exceptions in Colorado are by application of a statute that causes fee shifting or by a well-written attorney fees provision in a contract. It is important to note that an exceedingly high number of cases settle prior to trial, and, frequently, parties agree to pay their own fees as a means to arrive at a settlement. Even if you have attorney fees available to you by statute or contract, you should be prepared to pay your fees unless you litigate through and prevail at trial.
What should I ask my attorney about business litigation?You should ask your attorney about his or her experience in the field of your dispute. In a basic contractual dispute, you want an attorney who understands the context and is willing to spend the time to understand the basis of your dispute and the contract itself. You also want to ask how often the attorney actually litigates those cases. If you are litigating over a commercial transaction with another company or person, then you may want to know their familiarity with the applicable statutes that govern that specific dispute. Likewise, In a construction dispute or partnership dispute, more specific statutes, procedures, and remedies apply, so you want to know how familiar your attorney is with those statutes and procedures. In certain types of business litigation, you generally want to find someone who is well-versed in the niche that applies to your case, rather than a “jack-of-all-trades.”
What are the risks of business litigation?Business litigation almost always boils down to the question of who owes who how much money. The primary risk is an issue of business, not so much law: Am I going to spend more than I’m going to get out of this? That is an exceptionally subjective question, but you want an attorney who is going to give you an honest assessment of your chances of winning and losing the strengths and weaknesses of your case and the likelihood of actually recovering money even if you win a judgment. Those are all evaluations that a business owner needs to make, and the risk of overspending is minimized with an attorney who is upfront and honest with you at every stage of the case, from intake to jury verdict. You should be apprised of your best and worst outcomes from the very beginning, and be informed of those issues over the course of litigation that may change that calculus to weaken or strengthen your position.
How will business litigation impact my business?Businesses of different sizes are impacted in different ways. Larger businesses involved in a high volume of contracts must view business litigation as a cost of doing business. Smaller companies may feel the strain of litigation from a financial standpoint or as a distraction from management and operations. For businesses of any size, the more organized and prepared you can be when entering litigation, the less strain you should feel over the course of a case. Honest case evaluations and re-evaluations should be communicated regularly so you can ensure the impact is not more than your business can bear when compared to the potential outcome.
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