Firm News

May 2008 

BHGR Wins Construction Case Appeal Related to "No Damages for Delay"

Berg Hill attorneys Daniel M. Gross and Heidi C. Potter had a victory in the Colorado Court of Appeals in May, 2008 that is now final. The decision in Tricon Kent Co. v. Lafarge, 06 CA 0595, 2008 WL 1902514, recognizes an exception to the enforceablility of a "no damages for delay" clause in a construction subcontract. The Court of Appeals upheld a jury verdict in favor of BHGR's client, Tricon. The case concerned a highway widening project. Tricon claimed that the general contractor was responsible to pay delay and impact damages because it mismanaged and improperly sequenced the work. Lafarge's main defense-the subcontract's No Damages for Delay clause-was rejected by the trial court and then affirmed on appeal. The Court of Appeals held that Lafarge's "active interference" with Tricon's work made that clause unenforceable.

Contact Dan (dmg@bhgrlaw.com) or Heidi (hcp@bhgrlaw.com) for further information or a copy of the opinion.

April/May 2008

Article written by Maki Iatridis:  

"Mine in My Backyard: The Risks of Owning an Abandoned or Inactive Mine Site," (Co-author with Jeffrey C. Parsons, Esq., Randall M. Weiner, Esq.), Trial Talk, Colorado Trial Lawyers Association, April/May 2008, Volume 57 Issue 3

February 2008 

Maki Iatridis was the speaker at the AIHA Luncheon Program on Legal Aspects of Disclosing Analytical Data on February 21, 2008.

May 2007 

Nanotechnology by Maki Iatridis, Environmental Transactions and Brownfields Committee Newsletter.

April 2007

National Association of Women Lawyers

Jennifer Zimmerman, a current law clerk and soon to be first year associate with Berg Hill Greenleaf & Ruscitti LLP, has been recognized by The National Association of Women Lawyers as an outstanding graduate. Only one student is recognized at each ABA-approved law school.

The criteria include: Contributes to the advancement of women in society; promotes issues and concerns of women in the legal profession; exhibits motivation, tenacity and enthusiasm; demonstrates academic achievement; and earns the respect of colleagues.

Congratulations Jen!

• Berg Hill obtains significant ruling on local land use authority in mining regulation
• Nanotechnology: A Big Deal