Benton J. Barton


Benton Barton is a talented, hardworking trial lawyer who is brought in to assist clients whenever and wherever they need him. Benton’s practice focuses on design, construction, products, and premises disputes. He has taken to trial many significant high-exposure cases, and his appellate efforts have generated new and notable law.

In addition to serving on the firm’s executive management team and chairing its Construction & Design group, Benton is the firm’s contact partner for leading professional liability insurers, design firms, and product suppliers.  His attention to detail and zealous litigation efforts have been applied in design, construction, environmental, and personal injury matters of the highest complexity throughout Colorado, and also in Arizona, Connecticut, Montana, Nebraska, North Dakota, Oklahoma, Oregon, Texas, Utah, and Wyoming.  Parties also regularly ask Benton to help resolve disputes through the American Arbitration Association’s National Panel of Construction Arbitrators, where he has presided over twenty-plus matters as chair, solo, or wing arbiter.

Bar Admissions

  • Colorado, 1999
  • Texas, 1992
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Nebraska
  • U.S. District Court, District of Montana
  • U.S. District Court, Northern District of Texas
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Supreme Court


Denver Office
1001 17th Street
Suite 300
Denver, CO 80202


JD: University of Texas School of Law, 1992

BA: Austin College, 1989


More About

Career Distinctions & Honors
  • The Best Lawyers in America®; Construction Law, 2017-2019, Arbitration, 2018-2019, and Litigation – Construction, 2019
  • Martindale-Hubbell®, AV Preeminent Peer Review Rated
  • Colorado Super Lawyers®, Professional Liability: Defense, Construction Law
  • American Arbitration Association, Construction Law Arbitrator
  • Stan Clauson Associates, Inc. v. Coleman Brothers Construction, LLC, 297 P.3d 1042 (Colo. App. 2013)
  • Hamon Contractors, Inc. v. Carter & Burgess, Inc., 229 P.3d 282 (Colo. App. 2009)
  • Tyler Car & Truck Ctr. v. Empire Fire & Marine Ins. Co., 2 S.W.3d 482 (Tex.App. – Tyler 1999)
  • Chasewood Oaks Condo. Homeowners Ass’n, Inc. v. Amatek Holdings, Inc., 977 S.W.2d 840 (Tex.App. – Fort Worth 1998)
  • Andrade Garcia v. Columbia Med. Ctr. of Sherman, 996 F.Supp. 605 (E.D. Tex. 1998)
  • National Indus. Sand Ass’n v. Gibson, 897 S.W.2d 769 (Tex. 1995)
  • Doe v. Rains Co. Ind. School Dist., 76 F.3d 666 (5th Cir. 1996)
  • Tarrant Co. Hosp. District v. Curry, 907 S.W.2d 445 (Tex. 1995)
  • Doe v. Rains Co. Ind. School Dist., 66 F.3d 1402 (5th Cir. 1995)
  • Humphreys v. Caldwell, 888 S.W.2d 469 (Tex. 1994)
  • Humphreys v. Caldwell, 881 S.W.2d 940 (Tex.App. – Corpus Christi 1994)
  • Smith v. L.D. Burns Drilling Co., 852 S.W.2d 40 (Tex.App. – Waco 1993)
Professional Associations
  • ALFA International: Board of Directors; Former Chair, Construction Practice Group; Marketing Committee; North American Membership Committee
  • American Bar Association – Forum on Construction Law (Div. 3/Design)
  • Professional Liability Defense Federation
  • DRI – The Voice of the Defense Bar
Articles // Publications // Presentations // Webinars
  • Speaker, “Trump Cards: How the President’s Policies are Impacting Projects,” Burns & McDonnell Annual Joint In-House EPC CLE, 2018
  • Speaker, “Risky Business? The ‘New Normal’ for Design Consultants,” Design Professional Risk Management CLE, 2018
  • Speaker, “Winning the First Inning: Smart Ways to Proactively Deal with Project Risks,” Van Oppen & Co. 2’s Annual Risk Control Seminar, 2018
  • Program Chair, “Leaving It Better Than You Found It: How to Lead, Inspire and Improve in Business and Law,” ALFA International ICS, 2018
  • Speaker, “Public-Private Partnerships,” Beazley, 2017
  • Author/Speaker, “Catastrophic Litigation: Lessons From Defending Headline Cases,” ALFA International 2015
  • Author/Speaker, “Mediation With… The Beatles!” 2013
  • Author/Editor, “Colorado Construction Defect Litigation and Coverage,” 2010 (Book)
Blog Posts About Benton