While BBS’s focus and extensive experience is in construction litigation, including representation of architects, engineers, contractors, sub-contractors, suppliers and owners/developers throughout Colorado and the Rocky Mountain region, BBS can also counsel clients through almost all aspects of the construction process from design, bid letting, contract drafting, risk analysis, contract administration and project close out. When disputes arise our attorneys in this specialized field understand the unique and often highly technical issues underlying such disputes.

     When disputes escalate to trial, arbitration or mediation, or when circumstances so indicate, our lawyers can lead clients through Alternative Dispute Resolution (ADR). If trial is necessary, however, our attorneys will be prepared. BBS has contacts throughout the industry for matters that require a team approach. BBS can also tap many individuals with professional backgrounds in construction, engineering and accounting, to assist clients in making a strong showing for their cause.  

     Construction disputes are often document-intensive and BBS has the technological and staffing capability to organize and work efficiently with large numbers of documents. All of our construction clients, large and small, receive the same personalized services and attention.

     Representative engagements have included: prosecution and defense of cases arising out of expansive soil damages involving single and multi family residential construction; prosecution and defense of design professionals when claims of professional malpractice in design and construction inspection services arise; defense of sureties; prosecution and defense of contractors, subcontractors and suppliers when defective construction claims arise; prosecution and defense of claims for extra work, delay or impacts; representation of insureds and insurers on coverage disputes arising out of construction projects; lien foreclosure actions – prosecution and defense; and prosecution and defense of work place injuries, including OSHA proceedings.

     BBS recognizes that for all involved in the construction industry litigation is often viewed as a necessary evil. While clients may have experience with lawyers who are “deal killers” who are always telling them why something cannot be done, BBS strives to be part of the solution to problems. However, BBS believes in doing so from a position of strength on its clients’ behalf. That strength comes from preparation and experience.

     Designated Contact:  Dennis J. Bartlett       dbartlett@bbs-legal.com    

Fidelity and Surety Practice

    Brosseau Bartlett Seserman's attorneys have served fidelity and surety clients for decades. Our attorneys have written and lectured on fidelity and surety topics and have extensive experience representing fidelity and surety companies at the local, regional, and national levels. Representative engagements include:

• Investigating and analyzing claims of financial institutions and other commercial enterprises for losses caused by employee dishonesty

• Managing contractor defaults in contract suretyship, including: negotiating and drafting completion agreements, making arrangements for project reletting, financing troubled contractors through completion, negotiating bonded obligation buyouts, processing related payment bond claims, and monitoring project completions

• Enforcing fidelity and surety carriers' rights of indemnification, exoneration and subrogation

• Representing fidelity and surety companies in litigation, appeals, mediation, and arbitration

• Serving as national claims monitoring counsel for a captive insurer formed by a financial conglomerate having more than 600 offices nationwide

• Handling claims in litigation on a wide variety of miscellaneous bonds including supersedeas, bid, maintenance, license and permit, judicial, and public official bonds
   
  BBS maintains a specialized library of fidelity and surety resources to assist in providing clients with the highest level of representation. BBS will stay in close communication with clients to keep them informed and to respond to their needs. 
  
  Designated Contact:  Dennis J. Bartlett       dbartlett@bbs-legal.com
  

     BBS's commercial and complex litigation practice covers a wide variety of matters, including:        

• Commercial disputes

• Contract disputes

• Franchise and distributorship disputes

• Product disparagement

• Civil RICO

• Sales and licensing

• Financial institution disputes, including workouts of troubled credits and a variety of litigation matters

• Interference with business and contractual relations

• Defamation cases

• Directors' and officers' liability

• Mass tort litigation

• Consumer protection act cases

• Professional liability including insurance agent and broker, real estate agent and broker, design professionals, physician, and lawyer defense cases

• Class actions

• Patent, trademark and copyright litigation

• Oil and gas litigation

     When handling commercial and complex litigation matters for our clients, BBS encourages exploration of options -- from a position of strength. When appropriate, this may involve pursuit of alternative solutions to trial, such as settlement and creative dispute resolution.

     Regardless of the method of resolution, BBS's approach will be tailored to our client's particular needs, with a sensitivity and respect for our client's dual desires of upholding their reputation while protecting against financial loss.

     Designated Contact:  Marc R. Brosseau       mbrosseau@bbs-legal.com

Environmental and Toxic Tort Litigation

     BBS’s attorneys have represented a number of clients faced with significant exposure as a result of products they have manufactured, processed, distributed, or inherited, such as:

• Asbestos

• Formaldehyde-based products

• Petroleum products

• Radiation emissions from materials or equipment

• Carbon monoxide-producing products

• Pesticides and other agricultural chemicals

• Underground fuel tanks

• Mine tailings   

     This type of litigation frequently involves aspects of products liability, environmental and traditional tort law, and often poses major, high-profile problems for the client. BBS’s attorneys have extensive experience in trial preparation for these complex and often persistent cases and have taught these subjects at the University of Colorado School of Law. Our attorneys are well-suited to deal with the multidisciplinary nature of this challenging litigation and are sensitive to its special considerations, including such factors as:  

• Exposure

• Causation

• Epidemiological or other scientific evidence

• Image issues and prevailing community biases

• Government intervention

• Risk/utility balancing

• Class action certification   

     Although we are a small firm, we have the background, staffing and technological capabilities to handle large and complex cases. Our attorneys are experienced in this kind of national, high-profile litigation.  

     Designated Contact:  Marc R. Brosseau       mbrosseau@bbs-legal.com

Labor and Employment Law
BBS attorneys perform a wide variety of labor and employment law services, ranging from counseling and advising clients to litigation. Our attorneys have represented employers in administrative actions before the Equal Employment Opportunity Commission, Colorado Civil Rights Division and equivalent agencies in other states, and the National Labor Relations Board. Our attorneys have successfully defended employers in lawsuits involving discrimination under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. We also counsel clients on issues related to these claims, as well numerous other issues involving the Fair Labor Standards Act, the Family Medical Leave Act, and state wage and hour statutes.      Our labor and employment attorneys have counseled, advised, and/or litigated the following issues: Non-compete agreements and trade secrets Negotiation of employment agreements and severance agreements Drafting and reviewing employee handbooks Employee drug testing and related privacy issues Workforce reduction issues under the Worker Adjustment and Retraining Act Wage and hour issues under the Colorado Wage Act and Fair Labor Standards Act Discrimination based on race, gender, national origin, religion, and age Pregnancy discrimination Sexual harassment claims, including same-sex harassment claims Wrongful termination based on violation of public policy Wrongful retaliation Negotiation of collective bargaining agreements and arbitrations regarding alleged breaches of these agreements Defense of unfair labor practice charges Strike prevention and injunctions      Designated Contact: David B. Seserman       dseserman@bbs-legal.com
Product Liability

     BBS's attorneys have represented product manufacturers, distributors and sellers for many years, and such representation has been a central element of our attorneys' practices for decades. Our attorneys have tried significant product liability cases throughout the United States, and recognize that a successful defense requires detailed understanding of the product, the market and environment of use, as well as the role and importance of the product for the client. Our attorneys have represented manufacturers and sellers of a wide variety of products, from electrical and recreational products to manufacturing equipment and natural gas containment and transmission systems. In addition, our lawyers have an established local, regional, and national reputation in several product areas:  

• Automotive and truck products

• Chemical products

• Construction and mining equipment

• Hazardous substances

• Medical devices

• Pharmaceutical and biological products   

     We are experienced in national, high-profile, complex products litigation. Our experience has included:  

• Managing litigation nationally for manufacturers with hundreds or even 
  thousands of pending lawsuits

• Designing and managing company-wide document sweeps and
  establishing reading rooms when appropriate

• Designing regional counsel systems for product manufacturers

• Assisting offices of general counsel in developing systems for reporting,
  budgeting, or supervising product claims and suits

• Discovery management

• Risk management

• Preparing and managing expert and company witnesses   

     BBS works with clients to seek the best possible result. If early resolution without trial cannot be reached, BBS will stand ready and fully prepared to defend a client’s cause at every stage of trial.  

     Designated Contact:  Marc R. Brosseau       mbrosseau@bbs-legal.com

Insurance

     BBS attorneys have served in a variety of capacities for its clients, and have decades of collective experience working with the insurance industry. BBS’s attorneys have investigated losses, analyzed coverage, handled trials and appeals, and served as claims counsel for our insurance clients. BBS has also represented clients in disputes with their insurers. This wide range of experience gives us insight into our clients' needs and concerns and allows us to provide cost-effective legal counsel. BBS can respond promptly to your day-to-day claims-handling questions.

      Our work has involved virtually all types of coverage issues including such issues as:

• Bad faith

• Fraud

• Outrageous conduct

• Arson

• Punitive damages

• Collusion

• Examinations under oath

• Insurable interests         

     We also have extensive experience in matters such as:

• Broker and agent disputes

• Reinsurance

• Broker and agent liability

• State and agency regulation

• Layering

• Subrogation

• Underwriting

• Primary/excess conflicts

     Our insurance practice has involved nearly all personal and business lines, including:

• Property

• Environmental

• General Liability

• Professional Liability

• Excess and Reinsurance

• Casualty

• Homeowners

• Health

• Life 

• Energy Exploration and Development

• Auto

     In serving in the various capacities and in the various areas described above, BBS attorneys have assisted on claims that are local, regional, and national in scope.

     Designated Contact:  David K. Kerr       dkerr@bbs-legal.com

Creditors' Rights

     The thrust of BBS's creditors' rights practice is to assist clients in collecting on commercial debts while advising them on compliance with applicable regulations. BBS is experienced in representing creditors in matters ranging from basic collection activities, such as enforcing judgments or lien claims, to pursuit of collection against debtors who have employed complicated schemes designed to put their assets beyond the reach of creditors. Our clients have included:  

• Secured creditors

• Unsecured creditors

• Subrogated creditors

• Creditors' committees (including serving on them on behalf of clients)

• Bankruptcy trustees

• Lenders

• Reinsurers

• Receivers 

     BBS believes that in the area of collections, there is no substitute for hard work and persistence. BBS delivers both on our clients’ behalf.

     Designated Contact:  Dennis J. Bartlett       dbartlett@bbs-legal.com   

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