Matthew J. Ninneman

Member

Mr. Ninneman litigates complex commercial and construction disputes in state and federal court and arbitration, representing owner/developers, general contractors, design-builders, subcontractors, architects, engineers, and suppliers on private, public and hybrid projects, including heavy civil infrastructure, sports arenas, schools, hotels, hospitals, mass transit, roadways, industrial warehousing, and renovation and development of apartments, multi-family, mixed-use and single family residences.  He focuses on resolving disputes over contract scope, payment, schedule/delay, construction and design defects, and performance claims for all types of vertical construction and infrastructure projects. In addition to litigating, Mr. Ninneman advises design and construction professionals on day-to-day risk management issues, drafting and negotiation of custom and form contracts, including AIA, DBIA, EJCDC and ConsensusDOCS, licensing and administrative reporting, bid protests, payment disputes including mechanic’s liens, verified claims, performance and payment bond claims, and pre-litigation dispute resolution/mediation.

Mr. Ninneman is a frequent author and lecturer on issues concerning construction claims, contract drafting, design licensure, liability mitigation, and current issues impacting the construction industry.

Practice Areas

Bar Admissions

  • Colorado, 2002
  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Federal Claims

Location

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

Education

JD: William Mitchell College of Law, 2002
BA: University of Minnesota, 1999, History and Political Science

Contact

ninnemanm@hallevans.com

More About
Matthew

Resume

Linkedin

 

Career Distinctions & Honors
  • 5280 Magazine, “Top Lawyers,” Construction, 2021-2024

  • The Best Lawyers in America®, “Lawyer of The Year” in Denver for Construction Law, 2024

  • The Best Lawyers in America®; Litigation – Construction, 2020 – 2024; Construction Law, 2022 – 2024; Litigation – Insurance, 2022 – 2024
  • Colorado Super Lawyers®, Construction Litigation, 2017-2024
  • Colorado Super Lawyers®, “Rising Star,” Construction Litigation, 2016
  • First Place Recipient of Nathan Burken Memorial Competition on Copyright Law
  • Recipient of the Law School Public Service Award
  • Commendations from Wisconsin Governor and State Senator for receiving Nathan Burken Award
Decisions
  • Namaste Solar Elec., Inc. v. HB Solar of S. California, 2014 U.S. Dist. LEXIS 118797 (D. Colo. Aug. 26, 2014)
  • Zehren and Associates, Inc. v. Braebum Real Estate Development, LLC, 2009 U.S. Dsit. LEXIS 601 (D. Colo., Jan. 7, 2009)
  • Phase One Landscapes, Inc. v. M. Julia Hook, 2007 Bankr. LEXIS 3954 (10th Cir., Dec. 3, 2007)
Professional Associations
  • Colorado Bar Association
    • Construction Section Committee, Chair, 2022-present; Executive Council, 2018-present
    • Litigation Section
    • CBA Young Lawyers Division, Executive Board Member, 2005-2010
  • Association of General Contractors of Colorado, Professional Associate
  • American Bar Association
    • ABA Forum on Construction Law
      • Steering Committee, Subcommittee on Presentations, and Working Group for Division 3 – Design
      • Division 2 – Contract Documents
      • Committee on Special Programing and Education, Liaison
      • Distance Learning Subcommittee
  • Denver Bar Association
    • Community Action Network Committee
  • Colorado Bar Foundation, Fellow
Articles & Publications // Presentations // Webinars
  • Podcast Guest, “Episode 22: Design Professionals Guide to Construction Law,” Construction Law Today, ABA Forum on Construction Law, October 7, 2021
  • Presenter, “The Players – Owner, Design Professionals, and the General Contractor,” ABA Forum on Construction Law CLE, 2021
  • Presenter, “Protecting the Design Professional: Exploring Recent Construction Law Issues Impacting Risk-Shifting,” ABA Forum on Construction Law, 2021
  • Executive Editor & Co-Author, “Design Professional’s Guide to Construction Law,” ABA Forum on Construction Law, Second Edition, 2021
  • Presenter, “Understanding the Investigatory and Disciplinary Practices of the Colorado Department of Regulatory Agencies,” Colorado Engineering Law Seminar, Halfmoon Education, Inc., 2021
  • Speaker, “The Players – Owner, Design Professionals, and the General Contractor,” ABA Forum on Construction Law Virtual Construction Conference, 2021
  • Panelist, “It’s So Hot Right Now: Recent Trends in Construction and Design Risk Management,” ABA Forum on Construction Law Midwinter Meeting, 2020
  • Panelist, “Construction Law in Colorado,” Colorado Bar Association CLE, 2019
  • Co-Author, “The Practitioner’s Guide to Colorado Construction Law,” Colorado Bar Association CLE, Second Edition, 2018
  • Program Co-Chair, ABA Forum on Construction Law, Regional Program – Insurance, 2018
  • Author, “New 50-State Survey of Licensed Design Professional’s Stamping and Sealing Obligations,” Under Construction, ABA Forum on Construction Law’s Newsletter, 2018
  • Co-Author/Co-Editor, “50-State Survey of Licensed Design Professional Stamping and Sealing Obligations,” ABA Forum on Construction Law, Division 3, 2018
  • Panelist, “Legislative and Ethics Update: Construction Law in Colorado,” Colorado Bar Association CLE, 2018
  • Speaker, “On the Defense,” Construction Law Institute Conference, April 2018
  • Co-Author, “The 2017 A201 Deskbook,” ABA Forum on Construction Law, 2017
  • Co-Author, “State and Local Construction Projects: An Attorney’s Handbook,” ABA Forum on Construction Law, Chapter 12 – Design Services and Design Issues, 2017
  • Panelist, “Construction Administration 101,” Housing Colorado NOW! Annual Conference, October 2017
  • Author, “The Times They Are A Changin’,” Law Week Colorado, September 2017
  • Speaker, “Agreements between Owner, Architect and Contractor,” AIA Document Workshop, December 2016
  • Program Coordinator, “The Construction Lawyer’s Bucket List,” ABA Forum on Construction Law, Plenary 2 0 When Bad Things Happen to Good People – Defending Design Professionals in Disciplinary Proceedings, 2015
  • Co-Author/Co-Editor, “50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms,” ABA Forum on Construction Law, Division 3, 2015
  • Lecturer, “Fundamentals of Construction Contracts – Understanding the Issues in Colorado,” Warranties and Guarantees in Construction, Lorman Education Services, 2013, 2014
  • Co-Author, “Construction Subcontracting – A Comprehensive Practical and Legal Guide,” ABA Forum on Construction Law, Chapter 21 – Subconsulting Design Contracts and Design Issues, 2014
  • Co-Author, “Fundamentals of Construction Law,” 2nd ED., ABA Forum on Construction Law, Chapter 2 – Design, 2013
  • Co-Author, “Hard Hat Case Notes, ” The Construction Lawyer, ABA Forum on construction Law’s national publication, 2013-present
  • Lecturer, “Assignment of Contracts to Lenders,” ABA Forum on Construction Law, Division 2 and 3 Fall Forum 2013
  • Program Coordinator, “Surfing the Next Wave: The Future of Construction Law and Practice,” ABA Forum on Construction Law, Plenary 9 – The Trial Time Machine: Where We Are Going Tomorrow and How to Plan for it – The Future of Preserving, Finding, and Presenting Construction Project Data at Trial, Annual Meeting 2013
  • Program Chair/ Moderator, “Boston’s Big Dig, Designing for Success,” ABA Forum on Construction Law, Fall Meeting 2012
  • Author/Lecturer, “On the Defense – ‘Mitigating Exposure in Construction Defect Litigation,” Knott Laboratory, 2012 Claims Seminar
  • Contributing Editor, “The Construction Lawyer,” ABA Forum on Construction law national publication, 2011-present
  • Author/Lecturer, “Avoiding Liability for the Design Professional,” CLE in Colorado, Inc., 2011
  • Program Coordinator, “The Age of Turbulence: Managing Money Issues in Construction,” ABA Forum on Construction Law, Annual Meeting 2010
  • Contributing author, “2008-2009 Construction Law Update: Case Law & Legislation Affecting the Construction Industry,” ABA Forum on Construction Law – Division 10 Legislation and Environment, 2009
  • Program Coordinator, “Coverages, Disputes and Tactics for Survival: Critical Insurance and Litigation Issues and Insights,” ABA Forum on Construction Law, Mid-Winter Form 2009
  • Cited Authority, “False Claims in Construction Contracts-Federal, State and Local,” Sink, Charles M. and Krista L. Pages, ABA Forum on Construction law, p. 268, 2009
  • Contributing Author, “2007-2008 Construction law Update: Case Law & Legislation Affecting the Construction Industry,” ABA Forum on Construction Law – Division 10, Legislation and Environment, 2008
  • Contributing Author, “Recent Legislation Affecting the Construction Industry,” The Construction Lawyer, Vol. 27, No. 4, 2004
  • Co-Author, “Building code Adoption, Compliance and Enforcement,” CLE in Colorado, Inc., 2007
  • Program Chair/Moderator “Avoiding Mistakes In All the Right Places,” Colorado Bar Association, Young Lawyers Division Seminar, University of Colorado Law School, 2007
  • Research Contributor, “Sale of Goods: Reading and Applying the Code,” Chomsky & Kunz, West Group, 2002
  • Research Contributor, “Click-Through Agreements: Strategies for Avoiding Disputes on Validity of Assent,” 57 Bus. Law. 401, 401 n.*, 2001
  • Author, “‘Time Out That’s My Move’ – Applying Copyright Law to Athletic Maneuvers,” American Society Of Composers, Artists And Publishers (ASCAP), 2002
Business & Community Service
  • Lorman Education Services and CLE in Colorado, Inc., Faculty Member, 2010-present
  • First Descent, Fundraising Coordinator, 2009-present
  • Re-Discovery, Officer of Board of Directors, 2015-present
Professional Experience

Prior to joining Hall & Evans, Mr. Ninneman was a Partner at Godin & Baity, LLC.

Other Activities

Mr. Ninneman enjoys spending time with his wife, daughters, and son (and 2 dogs). His interest include hiking, skiing, fishing, camping, and photography.

Blog Posts About Matthew

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