Attorney Jesse Howard Witt's Legal Cases

Construction and development

Hamon Contractors, Inc. v. City of Louisville

Nov 03, 2010

OUTCOME: Jury returned verdict in favor of contractor on all claims and awarded $769,000 in damages, including $150,000 in lost profits, and court later added $900,000 in attorney fees.

Mr Witt assisted trial counsel following remand from appeal in dispute between contractor and city. Contractor alleged that city had breaching the implied warranty of adequate design, the implied coven ... ant of good faith and fair dealing, and the express terms of its contract.

Appeals

Hamon Contractors, Inc. v. City of Louisville

Feb 10, 2010

OUTCOME: The appellate court reversed, holding that contractor had never accepted the defendant's offer. Following remand, jury awarded contractor $769,000 in damages and court added $900,000 in attorney fees.

Mr Witt represented contractor seeking to appeal prior order finding that contractor had agreed to accept approximately $330,000 in settlement of its claims.

Internet

Cleary Building Corp. v. David A. Dame, Inc., 674 F. Supp. 2d 1257 (D. Colo. 2009)

Dec 01, 2009

OUTCOME: The court dismissed the majority of the plaintiff's claims. The parties reached a confidential settlement of the remaining issues.

Mr Witt defended a website publisher against claims of cybersquatting, trademark infringement, and deceptive trade practices.

Appeals

Hamon Contractors, Inc. v. Carter & Burgess, Inc., 229 P.3d 282 (Colo. App. 2009)

Apr 30, 2009

OUTCOME: The appellate court affirmed the dimissal orders but reversed the majority of the attorney fees awards.

Mr Witt represented a builder seeking to appeal a trial court's prior orders dismissing tort claims against a City and awarding attorneys fees.

Construction and development

Il Fornaio (America) Corporation v. The Macerich Company

Apr 16, 2009

OUTCOME: The parties reached a confidential settlement.

Mr Witt represented a restaurant seeking to rescind its lease based on the landlord's alleged failure to disclose soils problems.

Appeals

Hamon Contractors, Inc. v. Colorado Department of Transportation

Mar 12, 2009

OUTCOME: The appellate court reversed the judgment and remanded with instructions to allow contractor's claims to proceed to trial.

Mr Witt represented a contractor seeking to appeal prior order dismissing claims for additional excavation work.

Appeals

Park Rise Homeowners Ass'n, Inc. v. Resource Constr. Co., 155 P.3d 427 (Colo. App. 2006)

Jun 15, 2006

OUTCOME: The appellate court reversed the verdict and remanded for a new trial.

Homeowners association sought reversal of directed verdict on its construction defect claims against general contractor.

Insurance

Insurance Co. of the State of Pennsylvania v. Triton Dev., LLC, 2005 WL 2359125

Sep 26, 2005

OUTCOME: The court granted the homeowners association's motion to dismiss or stay federal suit pending resolution of state court garnishment action. The parties later settled.

Mr Witt defended homeowners association sued in federal court by insurance company seeking declaration that its policy did not cover judgment for property damage from construction defects.

Construction and development

Heritage Village Owners Ass'n, Inc. v. Golden Heritage Investors, Ltd., 89 P.3d 513 (Colo. App. 2004)

Mar 11, 2004

OUTCOME: The appellate court affirmed a verdict in favor of the association, which later settled with the builders' insurance carriers for approximately $6.5 million.

Mr Witt represented homeowners association in construction defect suit at trial and on appeal challenging association's standing and measure of damages.

Jesse Howard Witt's Legal Cases (9)

Hamon Contractors, Inc. v. City of Louisville

Hamon Contractors, Inc. v. City of Louisville

Cleary Building Corp. v. David A. Dame, Inc., 674 F. Supp. 2d 1257 (D. Colo. 2009)

Hamon Contractors, Inc. v. Carter & Burgess, Inc., 229 P.3d 282 (Colo. App. 2009)

Il Fornaio (America) Corporation v. The Macerich Company

Hamon Contractors, Inc. v. Colorado Department of Transportation

Park Rise Homeowners Ass'n, Inc. v. Resource Constr. Co., 155 P.3d 427 (Colo. App. 2006)

Insurance Co. of the State of Pennsylvania v. Triton Dev., LLC, 2005 WL 2359125

Heritage Village Owners Ass'n, Inc. v. Golden Heritage Investors, Ltd., 89 P.3d 513 (Colo. App. 2004)