Michael Zehner

Michael Zehner was raised in the heavy civil construction industry. Working for his father’s heavy civil construction company from a young age, he was a laborer, equipment operator, foreman, and (eventually) project manager; pursuing, performing, and directing work for infrastructure and energy clients, both public and private.

This background and his continued passion for the industry allow him to swiftly grasp the underlying facts of construction disputes and develop strategies for their efficient resolution. Michael brings a strong skillset of drafting agreements, motions, briefs, and pleadings to his litigation-focused practice, while his extensive contract drafting, review, negotiation, and management experience benefit clients at all stages of the life of their construction projects. Michael currently serves the Colorado Contractors Association as a member of the Associate Council, 2024 Chair. He also is a lecturer at the University of Colorado Boulder’s College of Engineering & Applied Science, where he teaches a graduate-level course on the legal aspects of construction.

Prior to joining BBG, Michael was a construction attorney at a large, Denver-based firm. During law school, Michael was the president of the Construction & Real Estate Law Association, and he was a law clerk at a local boutique construction law firm and a legal intern with Summit Materials, Inc.

Michael still occasionally runs CAT equipment for his father’s company on the weekends and, in his remaining free time, continues to enjoy the Colorado outdoors with his wife, son, and their various dogs and cats.

Michael Zehner

Partner

(720) 576-7225

mzehner@bbglaw.com

http://www.linkedin.com/in/michaelzehner

Representative Experience

Successfully obtained (and collected) six-figure verdict, plus trebled damages, in arbitration involving a construction project supplier’s breach of contract, civil theft, fraud, and conversion.
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.
Negotiated execution of $360 million cost-plus GMP agreement for new construction of conference center.

Education and Licensing

Juris Doctorate, University of Colorado Law School
BA, University of Colorado
Licensed in Colorado and U.S. District Court, District of Colorado

Practice Areas

Vertical Construction
Heavy Civil

Recent Speaking and Writing

Expecting the Unexpected, Co-author, Law Week Colorado, November 19, 2018.

Represetative Matters

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: 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: 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: 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: 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: 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: 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: 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: 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: Todd Bressler
Practice Area: Vertical Construction

Details: Managed a diverse legal practice focusing on construction, insurance, and real estate disputes.

Lead Attorney: Michael Cowan
Practice Area: Vertical Construction
Client Type: General Contractor

Details: Project support and mediation.

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: 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: Bret Gunnell
Practice Area: Vertical Construction
Client Type: General Contractor

Details: Claim against contractors and insurance company for indemnity.

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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: David Frommell
Practice Area: Vertical Construction
Client Type: Home Owners Association

Details: Represented a conglomerate of HOAs over waterproofing replacement costs.

Lead Attorney: Bret Gunnell
Practice Area: Vertical Construction

Details: 12 story mixed use high rise, claims of $6.7 million.

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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: Heavy Civil or industrial
Client Type: General Contractor

Details: We settled in mediation for $200 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: 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: 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.