Ben M. Ochoa

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Partner
Ben M. Ochoa
303.628.9574 office
303.623.9222 fax
1200 Seventeenth Street
Suite 3000
Denver, CO 80202

Ben Ochoa's practice is focused in the areas of construction, real estate and ‎commercial litigation. His construction clients include construction ‎lenders, owners and developers, special districts, property owners' ‎associations and contractors. Ben chairs the firm’s Real Estate, ‎Construction and Land Use (REC&L) Business Group.

Ben has extensive experience litigating, arbitrating and ‎mediating a broad range of civil disputes in Colorado state courts, the ‎U.S. District Court for the District of Colorado, and various arbitration ‎and mediation forums. Ben also has experience in both the ‎Colorado Court of Appeals and the U.S. Court of Appeals for the Tenth ‎Circuit.

Related News

8/26/2015

Presentations

  • Speaker, "Timely Real Estate Construction," Associated General Contractor (AGC) Annual Convention, Spring 2013
  • Speaker, "Delays in Construction," USLAW Network Construction Seminar, Spring 2013
  • Speaker, "Show Me the Money - Getting Paid on Construction Projects," USLAW Network Construction Law Seminar, Spring 2012
  • Moderator, "Construction ADR," USLAW Network Construction Law Seminar, Spring 2008
  • Moderator, "Construction Defect Claims - Notice and Opportunity to Repair (NOR) Statutes," USLAW Network Construction Law Seminar, Spring 2007
  • Speaker, "Special District Public Works Projects," Winter 2006
  • Speaker, "Eminent Domain-Fundamentals and Practice for Special Districts," Fall 2005
  • Moderator, "Joint Ventures with Majority Owned General Contractors," The Hispanic Contractors of Colorado Seminar, Fall 1998

Related Publications

  • Author, “Construction Delays Create Legal Consequences for Both Parties,” Colorado Real Estate Journal, May 2013
  • Author, "Construction Corner: The Legal Consequences of Construction Delays – (A Refresher)," RJ&L Alert, March 2013
  • Co-Author, "Colorado Compendium of Construction Law," USLAW National Construction Law Compendium, Spring 2008 and 2012
  • Co-Author, "Colorado Compendium of Law," USLAW National Compendium of Law, Spring 2009
  • Co-Author, "Construction Project Lenders," The Practitioner's Guide to Colorado Construction Law, Chap. 9, 1999

Distinctions

  • The Best Lawyers in America - Woodward/White, Aiken, S.C. - Litigation - Real Estate 2015-2016
  • Outstanding Hispanic Lawyer Award - Colorado Hispanic Bar Association 1996
  • Martindale-Hubbell - "AV/Preeminent Attorney" Rating
  • Colorado Super Lawyers - Construction Litigation 2006-2009, 2011-2015
  • Chambers USA Annual Client’s Guide to Business Lawyers - Real Estate: Construction for the Colorado 2014-2015

Representative Matters

  • Lead counsel for international energy and construction company in state court litigation in the defense of construction defect/toxic tort claims involving natural gas wells in Western Colorado. (Case dismissed.)
  • Lead counsel for foreign owner of exclusive residential ski-resort property in state court litigation against architect, general contractor and numerous subcontractors. Breach of contract and construction defect claims involved novel legal issues under the Colorado Construction Defect Action Reform Act (CDARA). (Case favorably settled as result of 3-day formal mediation.)
  • Lead counsel for regional environmental consulting contractor in an American Arbitration Association arbitration to recover fees and costs associated with three emergency asbestos abatement projects in Boulder and El Paso Counties in Colorado. (Arbitration hearing resulted in the award and collection of all contract amounts claimed, attorneys' fees and costs.)
  • Lead counsel for a regional power generation and transmission company in state court litigation against a general contractor. Construction defect and breach-of-contract claims and counterclaims totaled in excess of $14 million. (Case favorably settled through informal mediation.)
  • Lead counsel for a national real estate investor/developer in an American Arbitration Association mediation with general contractor. State court action brought by investor/developer included negligent design and construction defect claims totaling $2.5 million regarding the construction of multi-family housing development at a Colorado ski resort. (Mediation was successful.)
  • Lead counsel for a local general contractor in an American Arbitration Association arbitration against a subcontractor. Subcontractor breach-of-contract claims totaled in excess of $12 million. (Case favorably settled through informal settlement negotiations.)
  • Co-lead counsel for national real estate developer in defense of numerous homeowner's association suits for breach-of-contract and negligent design and construction of roads. Matters filed in federal courts in Colorado, Idaho, and North Carolina. (Cases all favorably settled through formal and informal mediation.)  
  • Lead counsel for a national manufacturing and distribution company in state court litigation against a general contractor. Construction defect and breach-of-contract claims and counterclaims totaled in excess of $8 million. (Case favorably settled through formal mediation.)

Other Info

Education

J.D., University of Colorado Law School, 1987
B.S., University of Colorado College of Business and Administration, 1983, cum laude

Bar Admissions

Colorado, 1987

Court Admissions

Colorado Court of Appeals
Colorado State Judicial District Courts
Colorado Supreme Court
U.S. Court of Appeals, Tenth Circuit
U.S. District Court, Colorado

Memberships & Affiliations

  • Hispanic National Bar Association, Regional President, 1996-1998; Judiciary Committee, Chair, 2005-2006; U.S. Supreme Court Committee, Co-Chair, 2005-2006, 1996-present
  • Colorado Hispanic Bar Association, Member, 1987-Present; Judicial Nominations and Endorsements Committee, Board Member and Chair, 1996, 1998-2001, 1987-present
  • Colorado Denver and First Judicial District Bar Associations, Member, 1987-Present; CBA, Board of Governors, 2004-2006, 1987-present
  • USLAW Network, Board of Directors, Member, 2007-2009
  • Colorado Democratic Party for national presidential campaign, County Counsel, 2008
  • University of Colorado Law Alumni Board of Directors, Member, 2010-present