Commercial Litigation and Dispute Resolution

Benjamin M. Petre
Counsel
[email protected]
Contact Information
3200 Wells Fargo Center
1700 Lincoln Street
Denver, Colorado 80203
D: +1 303 607 3643
F: +1 303 607 3600
Services & Industries
 Construction
Ben Petre is a litigator and counselor in construction and general commercial matters.
He focuses on construction law and business and commercial litigation, but is also
experienced in business torts, professional liability, insurance coverage and insurance
bad faith litigation. Ben's dispute resolution experience includes case evaluation,
discovery, depositions, motions practice, oral argument, federal bid protests,
administrative appeals, mediation, arbitration and settlement negotiations.
Ben is also a trusted business advisor to many of his clients. His experience includes
contract drafting and negotiation, dispute resolution, risk assessment, and insurance
coverage analysis. At the core of Ben's practice is his dedication to his clients and his
appreciation for his clients' entrepreneurial spirit. Ben understands that his clients'
business interests and considerations are frequently as important as the technical
legal issues.
Construction Claims and Disputes
Ben represents general contractors, subcontractors, design professionals and owners
in complex construction litigation. Recent representations include:

Commercial & Retail
Construction
 An international food company in various disputes concerning the construction of
multiple facilities.

Energy Construction

Food & Agriculture
Construction
 An international general contractor in multiple disputes concerning construction
defects and payment issues.




Health Care
Construction
Industrial
Construction &
Automation
Multifamily Housing
& Condo
Construction
Public-Private
Partnerships (P3)
 Litigation & Advocacy

Arbitration &
Mediation

Construction
Litigation

Insurance Coverage
Litigation
Benjamin M. Petre
 General contractors in large construction defects actions concerning multi-family
residential projects.
 A design professional in a construction defect action concerning a large public
project.
Contract Drafting and Negotiation
Ben also handles contract matters for construction professionals, design professionals
and owners in various contract matters. Contracts he has drafted and/or negotiated
include:
 A design-build contract for a large commercial project on behalf of a general
contractor.
 Contract documents related to a multi-phase housing project, on behalf of a local
housing developer.
 A master service agreement for an environmental consulting company.
 Construction management contracts for a construction management advisor.
 A form master procurement agreement for a manufacturer.
Commercial Litigation and Dispute Resolution
Ben handles a variety of matters for commercial entities, including representing:
 National banks in mechanic's lien litigation.
Professional Bio
Page 1
 Real Estate
Education
University of Denver Sturm
College of Law
J.D., University of Denver
Water Law Review (2005)
University of New Mexico
B.A., magna cum laude (2001)
Bar Admissions
Colorado
Court Admissions
U.S. District Court for the
District of Colorado
 A contractor in an administrative protest concerning a wrongful termination on a
large public project.
 A regional heavy equipment rental company in a matter concerning payment
issues on a public project and the related verified statement of claim and bond
claim.
 Businesses in the prosecution of claims related to fraud and the defense of
related counterclaims.
 National and regional insurance companies in actions concerning insurance
coverage and insurance bad faith.
Honors
 Faegre Baker Daniels — Pro Bono Honor Roll, 2014-16
 Super Lawyers — Colorado Rising Star, Construction Law, 2013-17
Professional Organizations
 Colorado Bar Association
 Denver Bar Association
 Associated General Contractors of Colorado
Civic Activities
 Metro Volunteer Lawyers (Denver) – Post-Decree Clinic
 Rolling Hills Elementary School — Pledge Drive (Chairman)
 Rolling Hills Elementary School — Parents' Night Out Program (Past Chairman)
 Cherry Creek School District — Leadership Cherry Creek Program, Nominated
Member
 St. Thomas More's Small Wonders Program — Past Volunteer
Clerkships
 Colorado Division of Administrative Hearings, 2003
Presentations
 Collaboration Not Procrastination: The Need for and Benefits of Immediate
Action Upon Discovery of Construction Defects
Faegre Baker Daniels Construction Law Seminar, Denver, 2012
 Plan for the Best and Prepare for the Worst: Avoiding Legal Snags on
Construction Projects - Delays, Suspension, Acceleration, Disruption, Differing
Site Conditions and Payment
Faegre Baker Daniels Construction Law Seminar, Denver, 2013
 Plan for the Best and Prepare for the Worst: Multi-Family For-Sale Projects &
Construction Defect Law in Colorado
Faegre Baker Daniels Construction Law Seminar, Denver, 2013
 Integrated Project Delivery in Colorado, Denver, 2013
Helped organize and presented at the AIA/AGC/ACEC Liaison Committee
Meeting, Denver, 2013
 Insurance Provisions in Construction Contracts
Faegre Baker Daniels Construction Law Seminar, Indianapolis, 2013
Benjamin M. Petre
Professional Bio
Page 2
Benjamin M. Petre
Professional Bio
Page 3