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Steve Gurr concentrates his practice in the areas of complex commercial litigation and construction law. His construction practice focuses on representation of our REIT and Real Estate Private Equity team clients,  lenders, and major general contractors in contract formation, risk management,  and dispute resolution matters.  Mr. Gurr’s clients are national leaders in the development and construction of resort, hotel, industrial, multi-family residential,  office, medical, mixed use, educational, public work and energy projects.

 Mr. Gurr has over twenty-six years of trial, arbitration and appellate experience in state, federal and international forums.  In addition to construction, real estate development and eminent domain disputes, his complex commercial litigation experience includes representation of leading businesses and their officers and directors in banking, contract, business tort, trade secret and intellectual property, class, competition, shareholder derivative, securities fraud, toxic tort, telecommunications and corporate governance matters.

Civic Involvement & Honors

    • American Red Cross Mile High Chapter, Board Member; Bench & Bar Society, Founder and Co-Chair, 2009 - present
    • Adams County School District 12- Five Star Schools Foundation, Board Member, 2013 -present
    • City and County of Denver County Court Judicial Nomination Committee, Member, 2008 - 2012
    • The Best Lawyers in America®, 2018
    • Colorado Super Lawyers, 2006–2017
    • AV Rated by Martindale-Hubbell, AV® Preeminent™ 5.0 out of 5
    • Law Week Colorado "Best Construction Defects Lawyer for Defense," 2012
    • The Best Lawyers in America®, 2018
    • Colorado Super Lawyers, 2006–2017
    • AV Rated by Martindale-Hubbell, AV® Preeminent™ 5.0 out of 5
    • Law Week Colorado "Best Construction Defects Lawyer for Defense," 2012
    • AV Rated by Martindale-Hubbell, AV® Preeminent™ 5.0 out of 5
    • Law Week Colorado "Best Construction Defects Lawyer for Defense," 2012
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Professional Affiliations

    • American Bar Association, Litigation and Construction Sections; Association Advisory Panel
    • Colorado Bar Association
    • Denver Bar Association, Young Lawyers Division, Past Board Member
    • Colorado Bar Association
    • Denver Bar Association, Young Lawyers Division, Past Board Member
    • Denver Bar Association, Young Lawyers Division, Past Board Member
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Representative Experience

Complex Civil Litigation

  • Prevailed in landmark 2016 eminent domain case before the Colorado Supreme Court in establishing that the Colorado Department of Transportation lacked condemnation authority to take client U-Haul’s property.  The holding established that CDOT’s Chief Engineer acted without condemnation authority after 1994, when Colorado’s Transportation Commission unlawfully delegated its condemnation power.
  • Ongoing representations of land owners, lenders and condemning authorities in eminent domain proceedings.
  • Obtained a $7.75 million Judgment and Permanent Injunction on trademark, copyright, cyber-squatting and deceptive trade practice claims for the family-owned international distributor of Salba™ registered varieties of organic chia seeds.
  • Represented water project developer in defense of investor securities fraud claims.
  • Established important Colorado Supreme Court precedent for corporate officer defense of shareholder derivative actions through special litigation committee review.
  • Successful litigation of shareholder proxy fight with ultimate appointment of clients’ slate of board of directors.
  • Prosecution and defense of post-acquisition "earn-out" disputes in federal, state and arbitration forums, including recent successful defense of international company in federal court where court rejected plaintiffs’ $34 million damages model and struck their expert witness and expert report.
  • Defense of international oil and gas producer in federal jury trial of breach of day drilling contract claims.

Litigation of General Construction Claims

  • Represented major general contractor on regional highway and light rail project administration and litigation including judgment on fraud and veil-piercing claims against subcontractor.
  • Obtained vacation of $18.5 million construction defect jury verdict against officer and director of publicly-traded REIT.
  • Defense of multi-state public utility in arbitration and federal court actions surrounding installation and performance of automated meter reading and data management infrastructure.
  • Representation of international food company in defense of contractor scope and delay claims relating to the construction of manufacturing plants.
  • Represented national hotel developer in multiple lawsuits and arbitration proceedings relating to design, construction defect and delay claims.
  • Defense of international oil and gas producer on claims by general contractor of design deficiencies, wrongful termination and delay damages.
  • Representation of international luxury hotel and condominium developer in litigation, mediation and arbitrations of design/construction and warranty claims.

Construction Contract Document Drafting, Negotiation and Review

  •    Ongoing representations of national apartment developers in drafting and negotiating Owner/Architect and Owner/General Contractor agreements for high-rise luxury apartment and mixed use projects.

  • Ongoing representations of public and private REITs and real estate private equity firms in drafting and negotiating development management, construction and design professional agreements for major industrial and warehouse projects nationwide.

  • Representation of Owners in drafting and negotiating engineering, procurement and construction (EPC) and operation service agreements for turn-key mining and energy facilities.

  • Represented national developer in drafting and negotiating design and construction agreements for a hotel and marina project.

  • Representation of publicly-traded oil & gas producers in design and construction contracts for office and field operation facilities.

  • Twenty years representing major Colorado-based regional developer of medical, office, retail and residential projects.

  • Due diligence review of construction, design and insurance documents in support of Bryan Cave construction, Real Estate Lending and M&A practice groups.

Litigation of Design Professional Liability Claims

  • Represented utility engineering firm in multiple litigations relating to construction of coal-fired steam-electric generation stations, including design, performance and delay disputes relating to dechlorination system, bag house, cooling tower and flue gas stack refurbishing projects.
  • Prosecuted claims against ethanol plant design-builder arising out of commissioning and performance failures.
  • Represented townhome developer in multi-week arbitration against general contractor and engineer relating to failure of post-tensioned slab-on-grade systems.
  • Representation of casino hotel developer in design claims against architect.
  • Represented international casino architect in claims against casino hotel developer.

Investigations

  • Represented Colorado and out-of-state attorneys in responding to investigations brought by the Colorado Supreme Court’s Attorney Regulatory Counsel (ARC).
  • Represented oil and gas partnerships in responding to securities fraud investigation by Colorado Securities Commissioner.

International Arbitrations

  • Obtained award in International Centre for Dispute Resolution arbitration of trademark claims for Argentinian client and against Canadian corporation with successful confirmation of Award in federal court.
  • Prosecuted a series of international arbitration claims under the Uniform Domain Name Dispute Resolution Policy (UDRP) through the WIPO Arbitration and Mediation Center.

Publications

  • "Transactions and Closely Held Businesses," in Lawyers Professional Liability in Colorado, CLE in Colorado, Inc., 2008-2017
  • “Comprehensive General Liability Insurance Coverage for CERCLA Liabilities,” 61 University of Colorado Law Review 408, 1990