Bret is a Denver-based construction attorney with a technical background, practicing exclusively in the area of construction law and litigation. Bret has extensive experience in mediating, arbitrating, and litigating a broad range of construction disputes. His practice involves public and private commercial, heavy/highway, and industrial projects ranging in value to over $1 billion.
He is licensed in Colorado and Utah, and has arbitrated or tried cases in over a dozen states and U.S. territories. In addition to his work as a trial attorney, Mr. Gunnell has served on the American Arbitration Association’s panel of construction neutrals, with experience both as mediator and arbitrator of construction disputes. He lectures and publishes frequently, and teaches a graduate-level course entitled “Legal Aspects of the Construction Process” in the Construction Management department of Colorado State University. He is consistently listed and recognized as among Colorado’s Super Lawyers, Best Lawyers, 5280’s Top Lawyers, and Denver’s Top Lawyers, as well as in Continental Who’s Who, NADC’s Distinguished Counsel and the Chambers (Tier 1) USA Registry for construction law.
Bret is a cum laude graduate of Brigham Young University in civil engineering, with an M.S. degree in engineering management, with distinction, from the University of Missouri-Rolla, and a Juris Doctorate, with honors, from the University of Texas at Austin, where he was associate editor of the Texas Law Review and graduated Order of the Coif.
Lead Attorney: Henry Bangert
Practice Area: Vertical Construction
Client Type: Contractor
Details: Lead counsel representing contractor in negotiating integrated project delivery projects (tri-party and poly-party) for $300 million+ in themed retail facilities and attractions.
Lead Attorney: Bret Gunnell
Practice Area: Industrial, Heavy Civil
Client Type: General Contractor
Details: Construction of a rail service center as part of expansion of palmer rail production site, rep GC, sued for wrongful termination (default), we filed mechanics lien for $75 million and contract claim is $100 million.
Lead Attorney: Djenita Svinjar
Practice Area: Airport, Heavy Civil
Client Type: General Contractor
Details: Assisted with negotiation of $2 billion airport construction contract, spearheaded OFCCP (Office of Federal Contract Compliance) branch of DoL audit of 40 construction jobs for compliance with labor requirements (minority, disabled, percent of contractors, etc.) plus mandatory disclosures required by federal law.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Negotiated the prime contract for construction of 472 unit construction project. The contract amount was $115 million.
Lead Attorney: Buck Beltzer
Practice Area: Heavy Civil
Client Type: General Contractor
Details: BBG has prosecuted and/or defended 5 separate disputes for a General Contractor which involve a complicated series of interrelated disputes and lawsuits totaling $480 million at issue and simultaneously proceeding in Colorado federal court, Colorado state court, private arbitration, and other forums. These matters involve disputes with parties which had a significant role in the development and construction of a project which involved the widening and improvement of approximately 12.5 miles of highway in Denver, CO.
Lead Attorney: Scott Shea
Practice Area: Industrial
Client Type: General Contractor
Details: Obtained a successful trial result for his client to recover payment for damages and defend against a delay claim.
Lead Attorney: Buck Beltzer
Practice Area: Heavy Civil
Client Type: General Contractor
Details: BBG represents a General Contractor in ongoing litigation arising out of the design and construction of a project which involved widening and improving approximately 12.5 miles of public highway in the southern Denver metro area with $260 million at issue.
Lead Attorney: Djenita Svinjar
Practice Area: Heavy Civil
Client Type: General Contractor
Details: Involved in quantifying, recording mechanic’s lien, helping out where needed.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Represented general contractor and surety against owner and subcontractors in $2 million of extra work/delay claims over construction of $18 million 8-building condominium retirement community.
Lead Attorney: Buck Beltzer
Practice Area: Heavy Civil
Client Type: General Contractor
Details: BBG is Project Counsel for a General Contractor on the largest civil works project in the history of the Denver, Colorado metropolitan area, with $350 million at issue. As Project Counsel, BBG assists with everyday legal issues that arise on projects of this magnitude, including civil rights; employment and labor; and various subcontractor, owner, designer and third-party contractual and performance issues.
Lead Attorney: Bret Gunnell
Practice Area: Heavy Civil or industrial
Client Type: General Contractor
Details: We settled in mediation for $200 million.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Claim against contractors and insurance company for indemnity.
Lead Attorney: Bret Gunnell
Practice Area: Water Infrastructure
Client Type: Owner
Details: Represented owner against general contractor in $7 million of construction defect claims over construction of $20 million water distribution pipeline.
Lead Attorney: Tim Reilly
Practice Area: Industrial
Client Type: General Contractor
Details: Industrial rail project of approx. 470 acre.
Lead Attorney: Bret Gunnell
Practice Area: Heavy Civil
Client Type: General Contractor
Details: Represented general contractor against owner and subcontractor in $7 million of extra work, delay and defective construction claims over construction of $10 million highway bridge.
Lead Attorney: David Frommell
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Bad faith insurance claim. Helping a client recover attorney’s fees based on a bad faith denial during the underlying litigation.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Client Type: Major Subcontractor
Details: Obtained bad faith jury verdict, entailing double damages and attorney’s fees, against general liability carrier for its unreasonable delay and denial of coverage for damages arising out of a construction crane accident. First bad-faith verdict under new statute in Colorado.
Lead Attorney: Bret Gunnell
Practice Area: Water Infrastructure
Client Type: Marine Contractor
Details: Obtained defense verdict on $27 million in claims brought by EPC contractor, and recovered $5 million in extra work, changed conditions and attorneys’ fees claims on behalf of marine contractor, on Mexico power plant project involving construction of a $22 million underwater pipeline.
Lead Attorney: Bret Gunnell
Practice Area: Industrial, Heavy Civil
Client Type: General Contractor
Details: Construction of a rail service center as part of expansion of palmer rail production site, rep GC, sued for wrongful termination (default), we filed mechanics lien for $75 million and contract claim is $100 million.
Lead Attorney: David Frommell
Practice Area: Vertical Construction
Client Type: Home Owners Association
Details: Represented a conglomerate of HOAs over waterproofing replacement costs.
Lead Attorney: Scott Shea
Practice Area: Vertical Construction
Client Type: Real Estate Developer
Details: Represented client on a construction defect on a 500 unit apartment project involving a severe soil issue.
Lead Attorney: Todd Bressler
Practice Area: Vertical Construction
Details: Managed a diverse legal practice focusing on construction, insurance, and real estate disputes.
Lead Attorney: Henry Bangert
Practice Area: Water Infrastructure
Details: Lead construction counsel on a $1.4 billion project for a water infrastructure project involving the construction of two new reservoirs. BBG drafted the procurement documents, including Request for Qualifications, Request for Proposals, Design and Construction Management Agreements, Agreement, General Conditions, Supplementary Conditions and all associated Contract Documents. BBG is now assisting with the procurement of the Construction Manager/General Contractor for the realignment of the highway outside of the Project limits.
Lead Attorney: Todd Bressler
Practice Area: Vertical Construction
Details: As a member of the Executive Committee of a large CA-based general contractor, provided general legal services and guidance in commercial transactions, disputes, compliance, and risk management.
Lead Attorney: Henry Bangert
Practice Area: Heavy Civil
Client Type: General Contractor
Details: BBG represents a General Contractor in connection with payment dispute claims involving the $500 million expansion to the Owner’s rail production facility located in Pueblo, Colorado, with $85 million at issue.
Lead Attorney: Henry Bangert
Practice Area: Vertical Construction
Client Type: Contractors, Construction Managers, Design-Builders
Details: Lead counsel representing contractors, construction managers and design-builders in drafting and negotiating over $200 million in claims to successful conclusion with public and private owners.
Lead Attorney: Henry Bangert
Practice Area: Heavy Civil
Client Type: Design-Build Contractor
Details: Lead counsel representing a contractor member of design-build team in pursuing $1.2 billion rail project.
Lead Attorney: Scott Shea
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Represented general contractor in a case involving payment disputes for construction of an approximately $250 million high-rise hotel/casino and renovation of an existing casino. Provided client with close project support during construction with a strategic view towards expected litigation.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Represented general contractor against owner, insurers and subcontractors in $12 million of extra work/construction defect claims over construction of $70 million high-rise assisted living facility.
Lead Attorney: Stephen Wichern
Practice Area: Heavy Civil
Client Type: General contractor
Details: Designed structural components for public transportation projects, including vehicular and railway bridges, retaining walls, box culverts, and foundations. Awarded Quality Performance Awards for bridge structure design on “T-REX,” CDOT’s $1.6 billion multi-modal design-build project in Denver. Coordinated efforts of utility, roadway, and retaining wall designers; assisted, directed and managed technicians in preparation of design plans.
Lead Attorney: Michael Zehner
Practice Area: Vertical Construction
Client Type: Large casino
Details: Negotiated execution of $360 million cost-plus GMP agreement for new construction of conference center.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Details: 12 story mixed use high rise, claims of $6.7 million.
Lead Attorney: Bret Gunnell
Practice Area: Water Infrastructure, Heavy Civil
Client Type: Owner
Details: Represented owner against general contractor in $7 million of construction defect claims over construction of $20 million water distribution pipeline.
Lead Attorney: Michael Zehner
Practice Area: Vertical Construction
Client Type: Large real estate developer
Details: Successfully obtained six-figure verdict, plus trebled damages, in bench trial involving a violation of Colorado’s construction Trust Fund Statute on a real estate development project.
Lead Attorney: Bret Gunnell
Practice Area: Heavy Civil
Client Type: General Contractor
Details: Going to trial then settled. Landslide destroyed the store. $4.2 million.
Lead Attorney: Bret Gunnell
Practice Area: Heavy Civil, Water Infrastructure
Client Type: Marine Contractor
Details: Obtained defense verdict on $27 million in claims brought by EPC contractor, and recovered $5 million in extra work, changed conditions and attorneys’ fees claims on behalf of marine contractor, on Mexico power plant project involving construction of a $22 million underwater pipeline.
Lead Attorney: Michael Cowan
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Project support and mediation.
Lead Attorney: Todd Bressler
Practice Area: Vertical Construction
Details: Negotiated and drafted construction agreements and advised clients on delivery methods, compliance, and procurement procedures. Developed litigation strategy and supervised over 20 attorneys, paralegals, and staff in three CA offices.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Prevailed in arbitration over a termination and payment dispute on behalf of a general contractor against the developer of a multi-family residential construction project, which award was affirmed by the Colorado Court of Appeals in a published opinion.
Lead Attorney: Todd Bressler
Practice Area: Vertical Construction
Details: First and second-chaired bench trials involving multimillion dollar construction disputes, and counseled clients through contract negotiations and regulatory compliance investigations.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Client Type: Owner
Details: Represented owner in contract negotiations with designers and general contractor of over $500 million in hospital facilities.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Negotated in 2013 and the dispute was in 2016. Under half a million.
Lead Attorney: Bret Gunnell
Practice Area: Heavy Civil
Client Type: Girder Supplier
Details: Prevailed in bench trial, recovering $2 million in damages and attorneys’ fees, on behalf of girder supplier in disputed termination of a $7 million subcontract on a Utah highway construction project, which judgment was affirmed on appeal by the Utah Supreme Court in a published opinion (210 P.3d 263).
Lead Attorney: Henry Bangert
Practice Area: Heavy Civil
Client Type: Contractor
Details: Lead counsel representing contractor in contract review and pursuit of $250 million design-build bridge project.
Lead Attorney: Bret Gunnell
Practice Area: Heavy Civil
Client Type: Owner
Details: Represented Owner against CM/GC in $50 million of extra work/delay claims over construction of $280 million tristate telecommunications fiber network.
Lead Attorney: Henry Bangert
Practice Area: Vertical Construction
Client Type: Design-Builder
Details: Lead counsel representing design-builder in negotiating national design agreements with 8 of the largest design firms in North America for projects ranging in size from $10 million to $400 million.
Lead Attorney: Henry Bangert
Practice Area: Vertical Construction
Client Type: Institutional Healthcare Owner
Details: Lead counsel representing institutional healthcare owner in drafting and negotiating integrated project delivery contract for $600 million healthcare facility.
Lead Attorney: Todd Bressler
Practice Area: Construction, Real Estate, Insurance
Details: Provided guidance to regional and corporate leadership regarding business and legal matters in the West Region of a top-25 ENR contractor.
Lead Attorney: Henry Bangert
Practice Area: Vertical Construction
Client Type: Contractor
Details: Lead trial counsel representing contractor through trial and appeal in connection subcontractor default on performing arts complex.
Lead Attorney: Bret Gunnell
Practice Area: Water Infrastructure
Client Type: Marine Contractor
Details: Represented marine contractor against owner in $4 million of extra work/delay claims over construction of $14 million commercial wharf.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Obtained $1 million verdict (including attorneys’ fees) on behalf of general contractor against a subcontractor after two-week jury trial involving delay and defective work claims on a mountain condominium resort development, and a defense verdict on $0.5 million in counterclaims.
Lead Attorney: Bret Gunnell
Practice Area: Heavy Civil
Client Type: General Contractor
Details: Represented general contractor against owner in $27 million of extra work/delay claims over construction of $193 million buried highway tunnel.
Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction
Client Type: General Contractor
Details: Mixed use residential/retail building, 375 units, 5 story, delay/defect claims, scope disputes, claim against owner $9 million, claim against subs $1.5 million.
Lead Attorney: Tim Reilly
Practice Area: Water Infrastructure
Client Type: City
Details: Assist the city with procurement process including contract review and negotiation.
Lead Attorney: David Frommell
Practice Area: Industrial – technology related
Client Type: General Contractor
Details: Helping client recover a breach of contract claim on a project for the City of Tuscon. Related to development of wireless internet services.
BBG Construction Law
Beltzer Bangert and Gunnell LLP
Main: (720) 576-7225
