Ben M. Ochoa

Education

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

Bar Admissions

  • Colorado, 1987

Ben M. Ochoa

Partner
1200 Seventeenth Street
Suite 3000
Denver, Colorado 80202
Phone 303.628.9574
Fax 303.623.9222

Mr. Ochoa's practice is focused in the areas of construction, real estate and ‎commercial litigation. His construction clients include construction ‎lenders, owners and developers, special districts, property owners' ‎associations and contractors. Mr. Ochoa chairs the firm’s Real Estate, ‎Construction and Land Use (REC&L) Business Group.

Mr. Ochoa 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. Mr. Ochoa also has experience in both the ‎Colorado Court of Appeals and the U.S. Court of Appeals for the Tenth ‎Circuit.

Representative Cases/Matters

  • 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.)‎ 
  • Lead counsel for foreign owner of exclusive residential ski-‎resort property in state court litigation against architect, ‎general contractor and numerous subcontractors. Breach of ‎contract and construction defect claims involved novel legal ‎issues under the Colorado Construction Defect Action Reform ‎Act (CDARA). (Case favorably settled as result of 3-day formal ‎mediation.)‎ 
  • Lead counsel for regional environmental consulting contractor ‎in an American Arbitration Association 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 and ‎collection 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.)‎ 
  • Lead counsel for a national real estate investor/developer in ‎an American Arbitration Association mediation with general ‎contractor. State court action brought by investor/developer ‎included negligent design and construction defect claims ‎totaling $2.5 million regarding the construction of multi-family ‎housing development at a Colorado ski resort. (Mediation was ‎successful.)‎ 
  • Lead counsel for a local general contractor in an American ‎Arbitration Association arbitration against a subcontractor. ‎Subcontractor breach-of-contract claims totaled in excess of ‎‎$12 million. (Case favorably settled through informal ‎settlement negotiations.)‎ 
  • 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.)‎

Memberships and Affiliations

  • University of Colorado Law Alumni Board of Directors, Member, 2010-Present
  • Colorado Democratic Party for national presidential campaign, County Counsel, Fall, 2008‎
  • USLAW Network, Board of Directors, Member, 2007-2009‎
  • 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
  • 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

Publications

  • Author, “Construction Delays Create Legal Consequences for Both Parties,” Colorado Real Estate Journal, May ‎‎2013‎
  • Author, "Construction Corner: The Legal Consequences of Construction Delays – (A Refresher)‎," RJ&L Alert, March 2013
  • Co-Author, "Colorado Compendium of Construction Law," USLAW National Construction Law ‎Compendium, Spring 2008 and 2012‎
  • Co-Author, "Colorado Compendium of Law," USLAW National Compendium of Law, Spring 2009‎
  • Co-Author, "Construction Project Lenders," The Practitioner's Guide to Colorado Construction Law, Chap. 9, 1999‎

Speaking Engagements

  • 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
  • Speaker, "Special District Public Works Projects," Winter 2006‎
  • Speaker, "Eminent Domain-Fundamentals and Practice for Special Districts," Fall 2005‎
  • Moderator, "Joint Ventures with Majority Owned General ‎Contractors," The Hispanic Contractors of Colorado Seminar, Fall 1998‎

Court Admissions

  • U.S. Court of Appeals, Tenth Circuit, 1989
  • U.S. District Court, Colorado, 1987
  • Colorado State Judicial District Courts, 1987
  • Colorado Supreme Court, 1987
  • Colorado Court of Appeals, 1987

Other Distinctions

Mr. Ochoa is rated by Martindale-Hubbell as an “AV/Preeminent Attorney.” He has been named to the 2006-2009 and 2011-2014 editions of Colorado Super Lawyers® in the areas of Construction Litigation. He is the recipient of the 1996 Colorado Hispanic Bar Association's Outstanding Hispanic Lawyer Award.

Professional Experience

  • Lewis Roca Rothgerber LLP (legacy firm Rothgerber Johnson & Lyons LLP), 1987-Present
    • Partner, 1995-Present; Chair, Real Estate, Construction, and Land Business Group, 2008-‎Present