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JESSE HOWARD WITT

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Jesse Howard Witt brings substantial experience to the firm’s construction and real estate litigation practice group. Over his career, he has represented numerous homeowners, contractors, businesses, and associations in matters ranging from simple construction disputes to multimillion-dollar differing site condition claims. Mr. Witt has argued before the Colorado Court of Appeals and the Colorado Supreme Court, and he has served as lead counsel on several landmark construction defect lawsuits and arbitrations in Colorado. He has also testified in the Colorado General Assembly on many occasions for and against proposed legislation affecting homeowners and contractors.

Mr. Witt is a frequent author on construction and insurance law, and his works have appeared in the Colorado Lawyer, the Denver University Law Review, Trial Talk, and other publications. In 2014, the Community Associations Institute recognized Mr. Witt with its prestigious award for National Author of the Year.

Mr. Witt practices in the areas of construction defects, construction claims, real estate, intellectual property litigation, association law, and insurance bad faith. He also serves as a mediator for civil disputes and arbitrator for construction warranty matters.

Before joining Frascona, Joiner, Goodman and Greenstein, Mr. Witt was a partner in another law firm and the principal of his own practice.

  • Of Counsel. Frascona, Joiner, Goodman and Greenstein, P.C., Boulder, Colorado. November 2018 to Present.
  • Principal Attorney. The Witt Law Firm, Boulder, Colorado. 2008 - 2018.
  • General Counsel. Hamon Infrastructure, Denver, Colorado. 2015.
  • Partner. Burdman & Benson LLP / Benson & Associates PC, Golden, Colorado. 2000-2008.
  • 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
  • American, Colorado and Boulder Bar Associations
  • Community Associations Institute
  • Colorado Trial Lawyers Association
  • Colorado Lawyers Committee
  • Associazione Internazionale Giuristi di Lingua Italiana
  • Super Lawyers®: Top-Rated Construction Litigation Attorney in Boulder for 2016, 2017, 2018

SELECTED PUBLICATIONS

  • 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).
  • 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.
  • 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.

RECENT ARTICLES BY JESSE WITT

HOA Liens Are Not Spurious

HOA liens are not spurious, even if annexation is disputed The Colorado Court of Appeals has ruled that a homeowner association lien is not spurious, despite a property owner’s claim that its land was never annexed properly. The case involved a long-running dispute between parties in the Stroh Ranch community in Parker, Colorado. In 1999,

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Colorado Supreme Court Finally Fixes 30-Year Old Defect in Statute of Repose

This following article originally appeared in The Colorado Trial Lawyers Association – Trial Talk, August/September, 2017 Edition. The article discusses the history of Colorado’s statute of repose for construction defect claims and analyzes a decision that corrects a flaw in the statute that had nettled litigators since 1986. Article Excerpt: This year, the Colorado Supreme

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Jesse Witt is of counsel with Frascona, Joiner, Goodman and Greenstein, P.C., a Colorado law firm. His practice areas include ConstructionLitigationAssociation LawReal Estate, Appeals and Intellectual Property. Contact Jesse Witt.

Disclaimer — Content is general information only. Information is not provided as advice for a specific matter, nor does its publication create an attorney-client relationship. Laws vary from one state to another. For legal advice on a specific matter, consult an attorney.

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