Ben M. Ochoa

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 lawyers 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. He 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.

In addition to representing clients in litigated matters, Ben also has significant experience in the area of Alternative Dispute Resolution (ADR) as a "qualified neutral" arbitrator and mediator. Here, Ben is widely recognized as an arbitrator and mediator in both construction-related and general commercial-related disputes.

Personal Approach

Ben is recognized by peers for his ability to build strong client relationships and his urgency to understand the issues they face. He is described as an honest counselor, relatable person, and results-driven lawyer. With more than 30 years of experience, Ben is exceptional at tempering expectations, dealing with complex litigation matters, and meeting tight deadlines. Ben continues to expand on his knowledge and certifications to better serve his clients.

Born and raised in Colorado, Ben grew up spending time outdoors at the family cabin at Blue Mesa Reservoir on the Western Slope. He enjoys golfing, hiking, hunting, and fishing from his boat on Blue Mesa. He is also an avid University of Colorado football fan. Go Buffs!

More About Ben M. Ochoa

Education

• J.D., University of Colorado Law School, 1987
• B.S., cum laude, University of Colorado College of Business and Administration, 1983

Bar Admissions

• Colorado, 1987

Court Admissions

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

Community

• “American Arbitration Association ACE 21 – Impartiality: Do You Know Where Your  Biases Are?”

• Colorado Attorney General’s Uniform Commercial Code (U.C.C.), Advisory Council (Nominated by Colorado Attorney General Phil Weiser, Appointed by Colorado Governor Jared Polis), Member, 2019-present

• American Arbitration Association (AAA) panel of qualified arbitrators and mediators for construction related and general commercial related disputes, Member, 2019-present
• University of Colorado Presidential Search Committee (Nominated by U.S. Congressman Ed Perlmutter, Appointed by the University of Colorado Board of Regents), Member, 2018-2019
• University of Colorado Law Alumni Board of Directors, Member, 2010-2018; Chair Nominations Committee, 2012-2014; Member Diversity Committee, 2015-2018
• USLAW Network, Board of Directors, Member, 2007-2009
• 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, Denver and First Judicial District Bar Associations, Member 1987-present; CBA Board of Governors, 2004-2006
• Colorado Hispanic Bar Association, Member, 1987-present; Judicial Nominations and Endorsements Committee, Board Member and Chair, 1996, 1998-2001, Foundation Board Member, 2021

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 five year multimillion-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 five-day arbitration before a three 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.)

News

Publications

Events

• Moderator, “The Associated General Contractors (AGC) Hour”, USLAW Construction Law Seminar, Spring 2019
• Facilitator, “Denver International Airport (DIA) Great Hall Project Overview”, USLAW Construction Law Practice Group Meeting, Fall 2018
• 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