Daniel M. Gross

Partner

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303.402.1600
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Practice Areas

Construction Litigation

Experience

Mr. Gross has practiced construction law for 29 years. He focuses on heavy highway, industrial and commercial building in both the public and private sectors. He has handled complex claims and disputes for owners, contractors, suppliers, sureties, and designers in more than 20 states, and has litigated in numerous state and federal district courts, U.S. Boards of Contract Appeals and the U.S. Court of Federal Claims. His expertise covers a wide range of construction including:

  • Preparation and review of bid documents
  • Claims, including: scheduling, delays and acceleration; changes and constructive changes; defective specifications; differing site conditions; suspension and termination; prompt payment and prevailing wage
  • Defects
  • Insurance
  • Uniform Commercial Code

Mr. Gross has successfully pursued and defended claims dealing with many types of construction including pipelines, earthwork, dams, treatment plants, sports facilities, industrial plants, hospitals, prisons, large commercial and residential buildings, hazardous waste remediation, power transmission, and others.

He is highly experienced in Alternative Dispute Resolution, ADR, having represented parties in dozens of arbitrations and serving as an arbitrator in more than 20 arbitrations. He has also litigated many types of commercial disputes including real estate, bankruptcy, environmental, and employment matters.

Mr. Gross was formerly a partner with Oviatt, Clark and Gross, L.L.P. Mr. Gross is AV-rated by the Martindale-Hubbell peer review ratings system.

Education

  • J.D., University of Denver College of Law, 1982
  • B.A., University of Colorado, 1977

Admissions

  • U.S. Court of Appeals, Federal Circuit, 1985
  • Federal Claims Court, 1984
  • U.S. District Court, District of Colorado, 1982
  • U.S. Court of Appeals, Tenth Circuit, 1982
  • Colorado, 1982

Professional Associations

  • American Arbitration Association, Panel of Commercial and Industry Arbitrators
  • American and Denver Bar Associations
  • Colorado Contractors Association

Representative Published Cases

New Design Constr. Co., Inc. v. Hamon Contractors, Inc., 215 P.3d 1172 (Colo.App. 2008)

Tricon Kent Co. v. Lafarge North America, Inc., 186 P.3d 155 (Colo.App. 2008)