Jesse Howard Witt

• J.D., University of Denver College of Law, Colorado, 2001
  • Transportation Law Journal Editor
  • Student Law Office Attorney
• B.A., University of California at Berkeley, California, 1997
  • Astrophysics
  • Minor in Italian

• California
• Colorado
• New Mexico
• United States District Court for the District of Colorado
• United States Court of Appeals for the Tenth Circuit
• United States District Court for the District of Northern California
• Supreme Court of the United States

• American, Colorado and Boulder Bar Associations
• Community Associations Institute
• Colorado Trial Lawyers Association
• Colorado Lawyers Committee
• Rocky Mountain Immigration Advocacy Network
• Associazione Internazionale Giuristi di Lingua Italiana
• Super Lawyers®: Top-Rated Construction Litigation Attorney in Boulder for 2020 and 2016-2019

SELECTED PUBLICATIONS

• Law limiting retainage in private construction contracts takes effect, COLO. REAL ESTATE J. (November 2021)
• Supreme Court Finally Fixes 30-Year Old Defect in Statute of Repose, TRIAL TALK (August 2017)
• Insuring the Risk of Construction Defects in Colorado: The Tenth Circuit’s Greystone Decision, 90 DEN. U. L. REV. 621 (2013).
• Interlocutory Appeals in Colorado State Courts, TRIAL TALK (April 2012).
• The Spearin Doctrine and the Economic Loss Rule in Residential Construction, 35 COLO. LAW. 49 (July 2006).

• Takwi v. Garland, 22 F.4th 1180 (10th Cir. 2022).
  • Provided pro bono representation to refugee fleeing torture and political persecution in Cameroon.
  • Successfully petitioned federal court of appeals to grant review of previous agency denials.
  • Established precedent on question of first impression in Tenth Circuit concerning standard for credibility determinations in asylum cases.
• Stroh Ranch Development, LLC v. Stroh Ranch Business Circle, Inc., (Colo. App. 2018)(unpublished).
  • Obtained reversal of order finding that an HOA’s statutory lien on a developer’s property had become spurious based on intervening change in law.
  • Recovered award of attorney fees and costs for client.
• Cherry Creek Recycling LLC v. Delaware Department of Transportation (AAA 2017).
  • Prosecuted subcontractor’s differing site condition claim on major bridge demolition project.
  • Recovered $1.3 million from general contractor and department of transportation, proving damages using modified total cost method over two years of agency proceedings and arbitration hearings.
  • Defended separate suits brought by patrol boat operator and barge supplier in Delaware and New Jersey courts.
  • Filed declaratory relief action in Colorado that secured insurance defense coverage for alleged liability.
• Towne Square Lofts Homeowners Association v. Towne Square Condominiums LLC (AAA 2015).
  • Overcame statute of limitations and repose defenses for thirteen-year old community facing construction defects.
  • Recovered $1.5 million in damages and attorney fees from developer and parent company in arbitration.
• Hamon Contractors Inc. v. City of Louisville et al. (Colo. Ct. App. 2009-10).
  • Obtained reversals in appeals finding contractor liable for attorney fees and bound to unfavorable settlement.
  • Co-chaired successful prosecution of claims at jury trial following remand and helped procure final settlement of $1.6 million in damages and attorney fees.
• Cleary Building Corp. v. Dame, 674 F. Supp. 2d 1257 (D. Colo. 2009).
  • Defended building owner accused of federal cybersquatting violations and trademark infringement.
  • Obtained dismissal of plaintiff’s claims on Rule 12 motion, establishing precedent regarding noncommercial use of trademarks on consumer gripe sites.
• Flatiron Crossing litigation (Colo. 17th Dist. 2009).
  • Represented restaurants unable to operate in shopping mall due to damage from expansive soils.
• Heritage Village Owners Association v. Golden Heritage Investors Ltd., 89 P.3d 513 (Colo. App. 2004).
  • Served as trial and appellate counsel on case that set precedent for homeowner association standing and measure of damages in residential construction suits. Argued insurance issues and helped negotiate $6.5 million settlement.
• 1727 Pearl Street Homeowners Association v. Triton Development LLC (Colo. 2nd Dist. 2004).
  • Represented client during construction defect arbitration and subsequent insurance coverage dispute, resulting in settlement of over $2.5 million.

• Rocky Mountain Immigration Advocacy Network – Volunteer attorney
• Colorado Lawyers Committee – Board member of consortium providing pro bono legal support to children and disadvantaged communities
• Community Mediation Services – Volunteer mediator for community disputes including landlord-tenant disagreements and attorney fee issues

• Colorado Bar Association – Panelist at annual appellate practice seminar
• National Business Institute – Taught courses on construction law, insurance coverage for construction defects, and ethics in construction litigation.

Google Review By Alesha Love ★ ★ ★ ★ ★ Five star experience working with Jesse Witt. His guidance was rooted in knowledge and integrity, and I always felt like he had our best interest in mind. Highly recommend!

Google Review by Bill Allen ★ ★ ★ ★ ★ The best firm in town and beyond by far. I have worked with many different team members at the FJGG office including Jon Sargent Blake Gabriel, and Jesse Witt. Everyone’s service is outstanding. They are some of the hardest workers, best listeners, and expert counsel you cant find. I couldn’t recommend them enough.

Google Review By Alex Colledani ★ ★ ★ ★ ★ I was involved in a mechanic’s lien case against one of my investment properties, I hired Jesse Witt to represent, the lien was dismissed shortly after. Highly recommend him or the entire Frascona law firm, the experience, knowledge and level of communication, was a pleasure to deal with.

Google Review By Tony Stanley ★ ★ ★ ★ ★ This is the first time I have seriously needed legal help as I was fighting an insurance company. A real David and Goliath situation. They flat out denied my claim and were not budging. Jesse Witt stuck with me and kept at it until they agreed to cover my claim. Without the legal help I received I doubt I could have ever prevailed. I would give them/him six stars if I could.