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 also listed in the 2014 edition of Chambers USA Annual Client’s Guide to Business Lawyers. 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