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Overview On May 7, 2026, the Colorado legislature enacted HB 26-1311, Concerning the Use of a Bond in Lieu of Retainage In Construction Contracts (the “Retainage Bond Bill”), introducing a significant shift in construction payment practices with respect to retainage. Specifically, the Retainage Bond Bill expressly permits parties to a private construction contract in Colorado to replace retained funds, which are typically withheld until project completion as security for a party’s performance, with a retainage bond. While this framework may improve liquidity in certain circumstances, it also changes the standard risk allocation for construction projects that has long guided the industry. For contractors, the Retainage Bond Bill raises several concerns, including that it reduces the effectiveness of retainage as leverage for subcontractor performance and replaces a cash-based security mechanism with a surety claim process that may be slower and more complex. What is a Retainage Bond? Traditionally, owners or upstream contractors could withhold, as retained funds, up to 5% of the money earned by a contractor or subcontractor for work performed, provided the contract was over $150,000. The Retainage Bond Bill provides another option for performance security, a retainage bond. A retainage bond is a financial guarantee issued by a surety that ensures a party’s work is complete and meets the required standards. With the retainage bond ensuring performance, the paying party (i.e., owner or contractor) will pay the performing party (i.e., contractor or subcontractor) the full amount of earned funds during the project’s course, instead of waiting until substantial or final completion. As such, a contractor (or subcontractor) that provides a retainage bond will receive full payment as it performs the work and the owner (or contractor) must look to the surety backing the bond for correction or completion of the work in the event of a default. The...
BBG Construction Law is pleased to announce that the firm has again been ranked Band 1 for Construction Law in Colorado by Chambers and Partners. BBG was also asked to contribute the Colorado Construction In-Depth Overview on the Chambers USA Rankings Guide. Written by David Frommel with contributions from Suzanne Wilson and Michael Cowan, read it here: https://chambers.com/legal-rankings/construction-colorado-5:15:12165:1?l=en-GB This continued recognition reflects the sophistication of work and the confidence of BBG’s clients and industry partners, whose feedback helps inform Chambers’ highly regarded rankings of leading law firms and attorneys. Several BBG partners also received individual recognition for their construction law practices. Buck Beltzer, Henry Bangert, and Bret Gunnell were recognized in Band 1, while David Frommell was recognized in Band 3. Their multi-year recognition highlights BBG’s depth of experience in construction litigation, dispute resolution, project counseling, and risk management for clients across Colorado’s construction industry. BBG is grateful to its clients, colleagues, and industry partners for their continued trust and support. The firm remains committed to providing strategic, practical, and effective legal counsel to contractors, owners, developers, design professionals, and other construction industry stakeholders.
BBG Construction Law was proud to sponsor the American Arbitration Association’s 21st Annual Construction Conference, “Building Resilience: The Future of Construction Disputes and ADR in an Everchanging World.” The event brought together construction law and dispute resolution professionals to discuss emerging issues shaping construction disputes, arbitration, mediation, and alternative dispute resolution in a changing industry environment. BBG was represented by Bret Gunnell, Kaysie Garcia, Todd Bressler, and Joe Craig, reflecting the firm’s continued commitment to supporting thought leadership, industry education, and practical solutions for complex construction disputes. As construction projects become increasingly sophisticated and risk environments continue to evolve, forums like the AAA Construction Conference provide valuable opportunities for legal, business, and industry professionals to exchange insights on resilience, dispute avoidance, and effective resolution strategies.
BBG Construction Law is pleased to welcome its 2026 Colorado Summer Law Clerk Cohort. This year’s group includes Dallin Warnick, a second-year law student at the University of Denver Sturm College of Law; Samantha Gomez, a second-year law student at the University of Colorado Law School; and Caleb Smith, a second-year law student at the University of Wyoming College of Law. BBG’s summer law clerk program provides law students with valuable hands-on experience in construction law, litigation, dispute resolution, and transactional matters. Throughout the summer, law clerks work alongside the firm’s attorneys on real-world legal issues affecting contractors, owners, developers, design professionals, and other participants in the construction industry. The program is designed to provide practical exposure to the legal and business challenges facing the construction sector while helping students develop the skills necessary for successful legal careers. BBG is committed to supporting the next generation of construction law professionals and is excited to have Dallin, Samantha, and Caleb join the team. The firm looks forward to their contributions and to providing meaningful opportunities for professional growth and mentorship throughout the summer.
BBG Construction Law is pleased to announce that partner Todd Bressler will be speaking at the American Arbitration Association–International Centre for Dispute Resolution (AAA-ICDR) conference on June 4, 2026, in Marina del Rey, California. Todd will participate in the panel discussion, “Financial Risk, Insurance Challenges & Statutory Payment Claims,” which will explore key issues affecting construction industry stakeholders, including the allocation and management of financial risk, evolving insurance considerations, and statutory payment claim requirements. These topics continue to play a significant role in construction project planning, contract administration, dispute avoidance, and claims resolution. The conference brings together construction attorneys, arbitrators, industry professionals, and dispute resolution practitioners to discuss emerging trends and challenges impacting the construction sector. Todd’s participation reflects BBG’s ongoing commitment to thought leadership and active involvement in industry organizations that shape the future of construction law and alternative dispute resolution. The panel will be moderated by Rick Zieglowsky, VP at AAA and will provide attendees with practical insights into navigating complex financial and legal issues facing construction projects today.
BBG Construction Law’s ongoing column, Construction Law Zone, continues in the latest issue of Colorado Construction & Design® magazine with an article by Alex King titled, “Mind the Gap: What Berk v. Choy Means for Colorado Construction Professionals.” In the article, Alex analyzes the implications of the Colorado Court of Appeals’ decision in Berk v. Choy and discusses how the ruling may affect participants across the construction industry. Court decisions can significantly influence risk allocation, project management practices, contractual relationships, and dispute resolution strategies. As a result, staying informed about developments in Colorado construction law is essential for contractors, subcontractors, developers, design professionals, and other industry stakeholders. Through BBG’s Construction Law Zone column, the firm provides practical insights into legal developments affecting the construction community and helps industry professionals understand how evolving case law may impact their businesses and projects. Alex’s article offers readers valuable perspective on the Berk v. Choy decision and highlights key considerations for construction professionals navigating Colorado’s legal landscape. The article appears on page 70 of the issue of Colorado Construction & Design® magazine.
BBG Construction Law is honored to be recognized by the Denver Business Journal as one of its 2026 Best Places to Work, marking the third consecutive year the firm has received this distinction. The Best Places to Work program recognizes organizations that foster outstanding workplace cultures and employee experiences. What makes this recognition particularly meaningful is that it is based entirely on employee feedback, reflecting the commitment, collaboration, and dedication of the BBG team. As a firm focused exclusively on construction law, BBG believes that exceptional client service begins with a strong workplace culture. The firm’s success is driven by a team-oriented environment where attorneys and staff work together to deliver practical, effective solutions for clients across the construction industry. This recognition highlights the professionalism, mutual respect, and shared commitment that define the BBG workplace. BBG is grateful to its employees for making this achievement possible and extends congratulations to its clients, industry partners, and fellow honorees recognized by the Denver Business Journal. The firm values the strong relationships it has built throughout the construction community and remains committed to fostering a workplace where talented professionals can thrive while providing exceptional service to clients.
BBG Construction Law was proud to sponsor the Design-Build Institute of America (DBIA) Rocky Mountain Region Education Summit and support the Rocky Mountain chapter’s ongoing efforts to advance collaboration and innovation within the design-build industry. Stephen Wichern attended the summit on behalf of BBG, joining owners, contractors, designers, and other industry professionals for a day of education, networking, and discussion focused on the evolving challenges and opportunities facing the design-build community. The event provided attendees with valuable insights into project delivery trends, industry best practices, and emerging issues impacting design-build projects throughout the Rocky Mountain region. As a firm dedicated exclusively to serving the construction industry, BBG values opportunities to engage with organizations such as DBIA that promote collaboration, professional development, and project success. Sponsorship of the Education Summit reflects the firm’s continued commitment to supporting industry organizations and fostering strong relationships with construction and design professionals throughout the region. BBG appreciates the work of DBIA Rocky Mountain Region in creating meaningful educational opportunities and looks forward to continued involvement with the design-build community.
BBG Construction Law is pleased to announce that Buck Beltzer has been elected Secretary of the American Bar Association Forum on Construction Law, one of the construction industry’s leading organizations dedicated to advancing education, leadership, and professional development within the practice of construction law. Buck’s election reflects his longstanding commitment to the construction law community and his significant contributions to the Forum over many years. As Secretary, he will play an important leadership role in supporting the Forum’s mission of serving construction lawyers, industry professionals, and stakeholders through educational programming, publications, networking opportunities, and professional engagement. The Forum Secretary ascends to VP and then President of the Forum over the next three years. The announcement was shared by Forum President and construction attorney & mediator Kristine Kubes, who recognized both Buck Beltzer and Michael Kamprath following their election as Forum officers. Her comments highlighted Buck’s leadership, service, and dedication to the organization over the course of his career. BBG congratulates Buck on this well-deserved achievement and looks forward to his continued leadership within the American Bar Association Forum on Construction Law. His election further reflects BBG’s commitment to active involvement in organizations that help shape the future of construction law and support excellence throughout the industry.
BBG Construction Law was proud to sponsor the Colorado Real Estate Journal’s 2026 Development, Construction & Design Conference and Expo, one of the region’s premier events for professionals involved in real estate development, construction, design, and related industries. Representing BBG at the conference, Lacey Shirley connected with industry leaders, developers, contractors, design professionals, and other stakeholders to discuss current trends, challenges, and opportunities shaping Colorado’s built environment. The event provided a valuable forum for networking, education, and collaboration among professionals who play a critical role in the planning and execution of development and construction projects throughout the state. As a law firm dedicated exclusively to the construction industry, BBG values opportunities to engage with organizations and events that support innovation, professional development, and strong industry relationships. Sponsoring the conference reflects the firm’s ongoing commitment to serving Colorado’s construction and real estate communities and staying connected to the issues that matter most to its clients. BBG appreciates the Colorado Real Estate Journal’s efforts in bringing together professionals from across the industry and looks forward to continuing its involvement in events that foster collaboration and industry growth.
