J. David Arkell

David's areas of practice are alternative dispute resolution and construction law. He arbitrates and mediates construction disputes as a trained and experienced neutral decision maker or facilitator. He advises owners, general contractors, subcontractors, suppliers and sureties on planning and dispute avoidance, as well as dispute resolution through negotiation, mediation, arbitration, and litigation. He drafts and negotiates construction contracts and other documents for both private and public construction projects.

Construction Litigation, Arbitration and Mediation
David has more than 35 years' experience helping construction clients resolve disputes through litigation, arbitration and mediation. David's experience includes representation of:

A public-entity owner of two major hospital projects in connection with disputes between the owner and the architect; issues included design defects, standard of care, contractual interpretation and damages.
The public-entity owner of a major power plant conversion project; issues included design defects and other defective performance by an engineer, bankruptcy in France of a major supplier, delays and inefficiency analysis, damages, and negotiation of contract documents.
A private owner of a power generation facility in disputes with the general contractor; issues included delays, defective performance, damages and contract interpretation.
A municipality in disputes with a general contractor on a highway project; issues included delays and inefficiencies, differing site conditions, defective performance, damages and contract interpretation.
A painting contractor in disputes with the owner of two large apartment complexes; issues included statute of limitations and other procedural questions,; technical analysis of coatings and other expert analysis, contract interpretation, and measure of damages.
A major heavy-highway and paving contractor in disputes arising from construction of runways at Denver International Airport; the issues included compliance with specifications, contract interpretation, technical materials testing disputes, damages, and alleged falsification of concrete test results.
A surety which took over a project upon default of the principal; issues involved priority of different types of claims against contract balance, propriety of payments under the payment bond, and subrogation.
Two subcontractors in disputes arising from construction of privately owned structures on publicly owned property; issues included the validity, extent, and value of mechanics' liens, performance and breach of contract, and measure of damages.
The operator of an oil well in a dispute with a working interest owner arising from the original mislocation of the well; issues included validity and accuracy of the original government survey, the effect of a government resurvey, interpretation of a joint operating agreement, and existence and measure of damages.
A mining engineering firm in disputes involving several Colorado gold mines; issues included mechanics' liens, contract interpretation and performance, and damages.
A subcontractor in connection with a road project linked to the Mike O'Callaghan/Pat Tillman bridge below Hoover Dam in Arizona and Nevada; issues included differing site conditions, performance and interpretation of contract, and entitlement to and measure of damages.

David also counsels contractors, subcontractors, suppliers, owners and sureties in all aspects of the construction process from bidding and contract issues through performance and resolution of disputes.

Good to know

Job Types Partner
Areas of Practice 1) Construction, 2) Commercial & Retail Construction, 3) Energy Construction, 4) Food & Agriculture Construction, 5) Health Care Construction, 6) Industrial Construction, 7) Multifamily Housing & Condo Construction, 8) Public-Private Partnerships (P3) and 9) Litigation & Advocacy
Law School University of Colorado School of Law at Boulder (J.D.,1973)
Education Claremont McKenna College (B.A., 1966)
Bar Member / Association Colorado State Bar Association
Most recent firm Moye White LLP
LinkedIn Profile https://www.linkedin.com/in/davidarkell
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