J. David Arkell

Partner

david.arkell@FaegreBD.com
Direct: +1 303 607 3637
Denver Office
3200 Wells Fargo Center
1700 Lincoln Street

Denver, Colorado 80203-4532

Contact Information


david.arkell@FaegreBD.com3200 Wells Fargo Center
1700 Lincoln Street
Denver, Colorado 80203-4532
T: +1 303 607 3637
F: +1 303 607 3600

Education

University of Colorado Law School
J.D., Law Review (1973)
Claremont McKenna College
B.A. (1966)

Bar Admissions

Colorado

Court Admissions

U.S. Court of Appeals for the Tenth Circuit U.S. District Court for the District of Colorado U.S. District Court for the District of Utah U.S. District Court for the District of Wyoming

J. David Arkell

Partner

David's area of practice is construction law. He represents owners, general contractors, subcontractors, suppliers and sureties, and provides advice regarding 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.

David's practice has included the following:

  • Represented a public-entity owner of two major hospital projects in connection with disputes between the owner and the architect; issues include design defects, standard of care, contractual interpretation, damages and other issues
  • Represented the public-entity owner of a major power plant conversion project; issues include design defects and other defective performance by an engineer, bankruptcy in France of a major supplier, delays and inefficiency analysis, damages, negotiation of contract documents, and many technical issues
  • Represented the developer-owner and general contractor of a major mixed-use project in disputes with a subcontractor; issues include defective work, delays, damages, and contract interpretation
  • Represented 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
  • Represented the developer-owner of a hotel and mixed-use project in a resort area in disputes with the general contractor and the mechanical subcontractor; issues include defective performance, delays and inefficiency claims, damages, and contract interpretation
  • Represented a private owner of a power generation facility in disputes with the general contractor; issues include delays, defective performance, damages, contract interpretation, and technical issues
  • Represented the owner of a restaurant in disputes with its lessor regarding expansive soils, construction defects, and lease and contract interpretation
  • Represented a painting contractor in disputes with the owner of two large apartment complexes; the issues included statute of limitations and other procedural issues; technical analysis of coatings and other expert testimony; contract interpretation; and damages and measure of damages
  • Represented the general contractor and a subcontractor on a major road and bridge project; the matter involved delays, differing site conditions, measure of damages, contract interpretation and enforcement, waiver or release, defective plans and specifications, and other issues
  • Represented 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
  • Represented 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 payment bond, subrogation, and other issues
  • Represented 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 on such structures, performance and breach of contract, and measure of damages
  • Represented the owner-developer of a loft-conversion project in lower downtown Denver in disputes with a former general contractor for the project; the matter involved two court actions and a two-week arbitration hearing; issues included mechanics liens, contract termination, measure of damages, and discovery and other procedural issues
  • Represented the former owner of a large hospital and medical office building complex in disputes arising from alleged construction and design defects in the parking levels underlying the hospital; issues included nature and extent of defects, warranties, disclaimers, successor liability, and damages
  • Represented a steel fabrication subcontractor in a dispute with general contractor arising from refurbishing of a historic building into a federal courthouse; issues included interpretation of drawings and contract documents and Miller Act issues
  • Represented the operator of an oil well in a dispute with a working interest owner arising from the original mislocation of the oil well; issues included validity and accuracy of the original government survey in 1882, the effect of a government resurvey in 1990, interpretation of several provisions contained in a joint operating agreement, and existence and measure of damages
  • Drafted and negotiated many contracts, subcontracts, purchase orders, bond forms, settlement agreements, and other construction-related documents
  • Arbitrated and mediated many construction disputes as a neutral over thirty years, involving myriad issues including contract interpretation, delays, inefficiency, design and construction defects, differing site conditions, damages, mechanics' liens, and surety and insurance issues
  • Counseled contractors, subcontractors, suppliers, owners and sureties in all aspects of the construction process from bidding and contract issues through performance and resolution of disputes

Honors

  • Denver Best Lawyers Construction Lawyer of the Year — 2012
  • The Best Lawyers in America, Construction Law — 2007-12 
  • Super Lawyers, Construction Litigation — 2006–12
  • Chambers USA: America's Leading Lawyers for Business — Real Estate: Construction, 2005–11

Professional Associations

  • American Arbitration Association National Construction Industry Arbitration Panels for Regular and Large and Complex Cases, and Mediation
  • American Bar Association Forum on the Construction Industry
  • Colorado Bar Association Construction Law Forum, past chair

Civic Activities

  • Associated General Contractors of Colorado Board of Directors — Past Member
  • Associated General Contractors of Colorado Legal Advisory Committee — Chairman
  • Associated General Contractors of Colorado Associate Council — Past President
  • Associated General Contractors of Colorado Legislative Committee 
  • Professionals for Colorado Contractors Council — Past President

Related Practices

Arbitration & Mediation
Construction Litigation
Construction Project Structuring & Risk Assessment
Government
Government Relations & Contracts
Litigation & Advocacy
Procurement, Bidding & Government Contracting
Real Estate & Construction

Related Industries

Construction

Education

University of Colorado Law School
J.D., Law Review (1973)
Claremont McKenna College
B.A. (1966)

News

09-March-2012 - Faegre Baker Daniels Attorneys Named to Super Lawyers in Colorado
04-October-2011 - Best Lawyers Names "Lawyers of the Year" in Faegre & Benson Minneapolis and Denver Offices
06-September-2011 - Ninety Faegre & Benson Lawyers Listed in The Best Lawyers in America
10-June-2011 - Faegre & Benson Practices Ranked Nationally in 2011 Chambers USA
16-February-2011 - Faegre & Benson Attorneys Named to Super Lawyers Business Edition
09-August-2010 - Ninety-Three Faegre & Benson Lawyers Listed in The Best Lawyers in America
29-June-2010 - Chambers Recognizes Faegre & Benson Real Estate Practices in Minnesota and Colorado
04-May-2010 - Colorado Real Estate Forms Deskbook Includes Chapters Authored by Davies and Arkell
12-March-2010 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado
31-July-2009 - 96 Faegre & Benson Lawyers Listed in The Best Lawyers in America
17-June-2009 - Legal 500 Recognizes Faegre & Benson Corporate, Construction and Media Practices
12-June-2009 - Faegre & Benson Receives Top Chambers Rankings, National Franchise Practice Moves Up
16-March-2009 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado
01-October-2008 - The Best Lawyers in America 2009 Includes 90 from Faegre & Benson
31-March-2008 - The Best Lawyers in America 2008 Includes 79 from Faegre & Benson
19-March-2008 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado
04-March-2008 - Faegre & Benson Attorneys Earn Recognition by Chambers USA
23-March-2007 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado and Iowa

Bar Admissions

Colorado

Court Admissions

U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the District of Utah
U.S. District Court for the District of Wyoming

Events

18-May-2011 - 2011 Construction Law Seminar
29-June-2010 - Construction Law Seminar 2010
14-May-2009 - Construction Law Seminar 2009
01-May-2008 - Construction Law Seminar 2008
02-May-2007 - Construction Law Seminar 2007

Representative Matters

Electrical Subcontractor Claims on Denver Hospital
Highway Project Claims

Representative Transactions

Represented Cummings Rocky Mountain in Land Acquisition for Diesel Engine Remanufacturing Plant

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