Our attorneys have significant experience and have worked with many areas of the law. Throughout their careers, each of our attorneys has developed particular practice focus areas, which are listed below. If your area of interest is not listed, please contact us. If BHJ cannot assist you, we can provide you names of attorneys who can.
Business, Transactions and Negotiations
Our firm provides a variety of legal services to businesses. We offer advice and prepare documents to help clients who are just starting a business as to formation of entities such as corporations and limited liability companies, acquisition of premises for the conduct of the business, and all related services. For both new and existing business clients, we assist with negotiation and preparation of all necessary agreements (see “Contracts” below), regulatory compliance, and business transactions and business planning as needs arise. If there should be a lawsuit, we have substantial experience in commercial litigation. Sales and purchases of existing businesses involve a number of complex considerations tailored to the parties and the facts, and we have represented both sellers and buyers in this important process.
BHJ attorneys work with all sectors of the construction, development, design, and real estate industries. We help clients negotiate design and construction contracts; resolve disputes involving workmanship, delay and payment issues; work out mechanics’ lien, collection and title disputes; pursue litigation in court when necessary; and address insurance issues related to construction. We resolve disputes arising from all sizes of commercial, residential and public projects. Our expertise in real property, water law and other matters complements our services in construction law.
Most legal transactions and relationships are governed by contracts, written or verbal. Careful drafting is important to make sure the intentions of the parties are clear and complete. BHJ attorneys draft and advise business and individual clients in negotiating a large variety of contracts, including contracts for the purchase and sale of commercial and residential real estate, leases, contracts for the purchase or sale of businesses and assets, service contracts, employment contracts, consulting agreements, construction contracts, noncompete agreements, and contracts with governmental entities. When disputes arise, we advise and represent individuals and business entities in litigation and arbitration concerning contract disputes of all kinds.
BHJ attorneys provide legal advice to schools on a wide range of issues including personnel matters, labor relations, constitutional concerns, public meetings and public records law issues, student discipline questions, financial issues, legal compliance, legislation, construction contracts, contracts with vendors, pension and retirement plan problems, and concerns regarding the investment of school funds.
BHJ attorneys have extensive knowledge regarding labor and employment matters. We represent both employees and employers. We have assisted small and large businesses and institutions of higher education with developing practices and policies designed to limit work-place conflicts. Additionally, we represent and counsel employees and employers on diverse employment issues, including wrongful discharge, discrimination (age, race, gender, sexual orientation, national origin, pregnancy, parental status, and disability), retaliation, discipline, sexual harassment, harassment, assaults, whistleblower, wage-and-hour, noncompete agreements, benefits, civil rights, contracts, defamation, ADA, FMLA, FLSA, COBRA, FOIA, and the Rehabilitation Act. BHJ has also successfully defended against claims filed with the Equal Employment Opportunity Commission.
BHJ’s environmental law practice focuses on representing non-profit environmental and recreational groups, neighborhood associations, and individuals that aim to protect the environment, build strong and healthy communities, and improve quality of life. BHJ attorneys have considerable experience with environmental and natural resource law issues under various state and federal statutes, including the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the Clean Air Act, CERCLA, RCRA, and numerous public land management statutes. Our attorneys have a proven ability to navigate complex environmental issues and statutes in order to achieve desired results.
In most situations, the division of land into two or more parcels requires the approval of a county or municipality. Local jurisdictions have adopted land use codes that set forth the specific requirements for the subdivision of land and that establish the uses that may be made of land within that jurisdiction. BHJ attorneys regularly assist clients with the subdivision of land, the annexation or inclusion of lands within municipalities and special districts, zoning changes, Planned Unit Developments (“PUDs”), boundary line adjustments and other land use matters. BHJ attorneys understand these matters from all perspectives, having represented municipalities that review and approve or deny land use applications as well as landowners and developers seeking such approvals. We are experienced in negotiating and drafting the terms of annexation, development and subdivision agreements, and Property Owners Association Agreements. We have developed an extensive professional network of planners, surveyors, civil engineers, and consultants that our clients can draw upon to meet their land use needs.
Litigation and Appeals
Sometimes disputes cannot be resolved without resorting to the court and legal process. BHJ attorneys have significant experience litigating civil cases in administrative proceedings and before state and federal courts. We pride ourselves in efficient and effective evaluation of complex legal issues, and a result-oriented approach to litigation that is both creative and ethical. Our attorneys are always honest about the strengths and weaknesses of a case and strive to achieve the best possible result at a reasonable cost. When appropriate, we use alternative dispute resolution, such as mediation and arbitration, to achieve desired results at a lower cost. However, sometimes, taking a case through trial is necessary. Our attorneys are equipped to aggressively and intelligently litigate your case through trial.
Although, legal cases do not always end in the trial court. Sometimes, an appeal is necessary to protect your rights. Successful appellate work requires an attorney to be an excellent brief writer who can condense a lengthy trial record into a concise and persuasive written brief. Additionally, the attorney must be able to persuasively argue highly legal issues to appellate judges. BHJ attorneys have these skills and have substantial experience appealing administrative and trial court rulings to both state and federal appellate courts.
Local Government Law
In addition to the familiar subdivisions of government like counties, cities and municipalities, Colorado law authorizes the formation and operation of a wide variety of local governments, including quasi-municipal corporations, metropolitan districts, water and sanitation districts, water conservancy districts and other special districts. BHJ attorneys have extensive experience in advising, representing, and interacting with local governments. Through their service as both general and special counsel to municipalities and districts around Western Colorado, and the representation of clients seeking approvals from such governing bodies, BHJ attorneys have accumulated considerable knowledge of, and experience with, the laws applicable to the operation of these entities. These include Open Records and Open Meetings laws and land use and development codes. BHJ attorneys are also experienced with particular dynamics of working with local government boards and administrations.
Natural Gas Law
Natural gas exploration, drilling, production and transportation in Western Colorado involve a number of important and sometimes competing considerations. The process requires recognition of the need and right to develop this energy resource, subject to meeting the rights and expectations of mineral and surface owners and the public regarding land use, the environment, lifestyle and economics. Our firm has represented various mineral rights owners and government clients on mineral leases including royalties and drilling/production terms, as well as surface use agreements, and disputes regarding mineral ownerships. We have assisted clients in seeking remediation of conditions and payments of compensation when claims have arisen.
Real Estate and Real Property
From residential to commercial, BHJ attorneys assist our clients with a full range of services related to property. We represent developers, homeowners associations, landlords, lenders, investors and individuals and provide services in the following areas: residential conveyancing, including purchases, sales and financing; commercial conveyancing; easements; mortgages; leases and landlord/tenant matters; condominium development and management; foreclosures; investment sales and purchases including 1031 exchanges; loan agreements; property development; property management; and land use applications including variances, zoning and subdivisions.
The right to use water in Colorado is a distinct property right that is the subject of a complex system of water allocation and administration. BHJ attorneys advise and represent all types of water users throughout Colorado, including individuals, developers, ditch companies, water and sanitation districts, water conservancy districts, water companies, and others. We assist clients with all aspects of water use and water right development, including the adjudication and protection of water rights and plans for augmentation, preservation of conditional water rights, evaluation of existing water rights, design of water supplies for new development, securing well permits, creating ditch and well sharing agreements, establishing and protecting easements for water facilities, and resolving water disputes.