Ben M. Ochoa

Ben M. Ochoa

Partner
bochoa@lrrc.com vCard
303.628.9574 office
303.623.9222 fax
1200 Seventeenth Street
Suite 3000
Denver, CO 80202

Ben Ochoa's 30-year practice is focused in the areas of construction law and litigation, real estate litigation and ‎commercial litigation. His clients include construction ‎lenders, owners and developers, special districts, property owners' ‎associations, contractors, design professionals and insurance carriers. Ben chaired the firm’s Real Estate, ‎Construction and Land Use (REC&LU) Business Group from 2008-2013. He is one of only 10 Colorado attorneys recognized by Chambers USA in the category of Real Estate: Construction.

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 the ‎Colorado Court of Appeals, the Colorado Supreme Court and the U.S. Court of Appeals for the Tenth ‎Circuit.

Ben also has significant construction related transactional experience representing owners, lenders and contractors in the negotiation, drafting and administration of construction contracts on both private and public construction projects.

Representative Matters

  • Lead counsel for national lending institution regarding the validity and enforceability of a restrictive parking/construction covenant against previous owner of foreclosed property. (Case against client dismissed by state district court, dismissal affirmed by both Colorado Court of Appeals and Colorado Supreme Court.)
  • Lead counsel for Colorado special district involved in 5-year multi-million dollar commercial development dispute with the developer, lender, county and town. (Case favorably resolved through formal mediation and informal settlement negotiations.)
  • Lead counsel for 30-story luxury high-rise condominium owners association in construction defect dispute with developer, general contractor and MEP contractor. (Case resolved through informal settlement discussions resulting in the replacement of the building’s entire domestic water supply system.)
  • Lead counsel for national insurance company involved in a joint-venture partnership for the construction and sale of a $40 million office building located in Dallas, Texas. Contract dispute with design engineer resulted in a 5-day arbitration before a 3-member arbitrator panel. (Panel ruled in favor of client on liability and resulted in an award of damages to recover repair costs.)
  • 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 in client's favor.)
  • Lead counsel for regional environmental consulting contractor in an 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 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.)
  • 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.)

Related News

03/16/2017
30 Lewis Roca Rothgerber Christie attorneys named Colorado Super Lawyers
Inclusion acknowledges peer recognition and professional achievement
08/15/2016
83 Lewis Roca Rothgerber Christie attorneys named in ‘Best Lawyers'
11 partners also honored as ‘Lawyer of the Year' in The Best Lawyers in America® 2017
05/27/2016
Chambers USA recognizes Lewis Roca Rothgerber Christie attorneys
Annual rankings reflect law firm's focus on client service, value, commitment to excellence
03/15/2016
33 Lewis Roca Rothgerber Christie attorneys selected for 2016 Colorado Super Lawyers list
Inclusion acknowledges peer recognition and professional achievement
8/26/2015

Presentations

  • Moderator, "Drones in Construction", USLAW Network Construction Seminar, Spring 2016
  • Speaker, "Construction Delays - The Good, The Bad and The Ugly", NAHB International Home Builders Show, Spring 2014
  • 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

Alert

Article

  • Author, "Construction Delays Create Legal Consequences for Both Parties," Colorado Real Estate Journal, May 2013
  • Co-Author, "Colorado Compendium of Law," USLAW National Compendium of Law, April 2009
  • Co-Author, "Colorado Compendium of Construction Law," USLAW National Construction Law Compendium, Spring 2008

Book/Guide

  • Co-Author, "Construction Project Lenders," The Practitioner's Guide to Colorado Construction Law, Chap. 9, 1999

Distinctions

  • Chambers USA - Real Estate: Construction for the Colorado, 2014-2016
  • The Best Lawyers in America - Litigation - Real Estate, 2015-2017
  • Colorado Super Lawyers - Construction Litigation, 2006-2009, 2011-2016
  • Martindale-Hubbell - "AV/Preeminent Attorney" Rating, 2006-Present
  • Outstanding Hispanic Lawyer Award - Colorado Hispanic Bar Association, 1996

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

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

Memberships & Affiliations

  • Hispanic National Bar Association, Member, 1996-present; Regional President, 1996-1998; Judiciary Committee, Chair, 2005-2006; U.S. Supreme Court Committee, Co-Chair, 2005-2006
  • Colorado Hispanic Bar Association, Member, 1987-present; Judicial Nominations and Endorsements Committee, Board Member and Chair, 1996, 1998-2001
  • Colorado Denver and First Judicial District Bar Associations, Member, CBA, Board of Governors, 2004-2006, 1987-present
  • USLAW Network, Board of Directors, Member, 2007-2009
  • University of Colorado Law Alumni Board of Directors, Member, 2010-present; Chair Nominations Committee, 2012-2014; Member, Diversity Committee 2015-present