Buck Beltzer – Beltzer Bangert & Gunnell LLP

Buck is a professional engineer turned construction lawyer. He resolves disputes, develops strategies to turn-around troubled projects, and negotiates contracts. He has won cases to juries, arbitration panels, and judges. He focuses on resolving disputes over contract scope, schedule/delay, and performance claims for vertical construction, infrastructure, and energy projects. He represents general contractors and engineering firms.

Buck has resolved disputes or advised clients about contract terms for nearly every type of project, including commercial building, hospital, drainage, roadway, water treatment, pumping, dredging, mining, high-end residential and multi-family, resort, school and higher education, historical structure, wind-farm, ethanol, oil refining, and other infrastructure and vertical construction. Project delivery methods for these projects include design-bid-build, design-build, guaranteed maximum price (GMP), fixed price, unit price, engineer-procure-construct (EPC), and incentive agreements via AIA, EJCDC, energy savings guarantees (for ESCO) and other agreements.

Buck has reviewed and negotiated contracts for all types of projects. He has negotiated and provided risk advice for manuscript contracts, AIA, ConsensusDOCS, and EJCDC standard forms, and public entity agreements.

Buck is licensed to practice law in Colorado and Nevada, and has represented clients via pro hac vice admission in Wyoming, Washington, Nevada, Kansas, Montana, California, South Dakota, Minnesota, and South Carolina.

Prior to becoming a lawyer, Buck worked as a civil engineer in Colorado and North Carolina, specializing in transportation infrastructure and major interchange projects. His team designed several high-profile projects, like the University Boulevard interchange portion of Denver's design-build TREX project and the roadway and ramp improvements for the Piedmont Triad International Airport's FedEx handling facility in Greensboro, North Carolina. He is licensed as a professional engineer in Colorado.

Buck holds a Bachelors of Civil Engineering from Auburn University and a Juris Doctorate from University of Denver, where he graduated Order of the Coif, was awarded several American Jurisprudence awards, co-founded the Construction Law Society, and was an Associate Editor of the Law Review.

Lead counsel for top-10 ENR Contractor in dispute over $3.5 million for extra work, time-related overhead, and subcontractor pass-through claims on a commercial building.
Represented a design-build contractor in a four-week arbitration in pursuit of a $13 million differing site conditions claim and in defense of a $25 million termination claim against a municipal water company on a sediment dredging and pumping project. The hearing officer denied approximately 99% of the municipal water company's claims.
Defended a top-10 ENR engineering firm in a $2 million contract, standard of care, and overbilling dispute brought by a local water district. The jury awarded approximately 3% of the District’s claim and handed down a complete defense verdict for the firm on the over-billing claim.
Defended a design-builder against $8.5 million in extra work claims brought by a subcontractor. After a two-week jury trial in Federal Court, the jury awarded only $150 thousand in damages.
Defended a mining project owner in a $5 million dispute brought by a utilities contractor for claims relating to extra work. The matter was heard in a five-day hearing before a three-person arbitration panel, which ordered the mining project owner to pay an amount less than could have been achieved in pre-hearing settlement.
Represented a top-20 ENR engineering consultant in a $1 million contract dispute with a design-build contractor over an incentive clause payment. The project, a four-lane highway in the mountains, contained significant cuts and fills, which formed the basis for the incentive clause calculation. The matter resolved favorably before trial.
Represented a commercial-building owner bringing $2 million construction defect claims against a design-build contractor. The case was resolved for an amount sufficient to fund repairs.
Represented a metals mine owner in a $45 million errors and omissions claim against a chemical process and handling engineer. The matter was resolved favorably for a confidential amount with the help of a special master.
Negotiated $200 million agreement for the construction of a mixed-use (hotel, condo, resort) building.
Assisted general contractor in negotiating a Master Construction Agreement with an entertainment-industry owner.
Assisted general contractor with Colorado- specific issues related to potential condo conversion in a high-rise apartment tower in downtown Denver.
Drafted construction and schedule terms for build/lease-back of an office building.
Drafted and negotiated an engineering services agreement for the design of an integrated health care, treatment, and child services facility.

Buck S. Beltzer, P.E., Esq.

Founding Partner

Licensure

Education

Awards

Publications

Speaking Engagements

Representative Matters