Mark D. Gruskin

Mark’s practice primarily focuses on construction law (both transactional and litigation) and alternative dispute resolution. He is counsel for many construction industry clients, including owners (both public and private), developers, prime contractors, construction managers, specialty trade contractors, subcontractors, suppliers and manufacturers. His transactional work involves all phases of negotiating and drafting contracts, subcontracts and purchase orders and assisting clients in responding to RFPs. His construction litigation focuses on prosecuting and defending claims that include contract disputes, delay, acceleration and scheduling issues, construction defects, differing site conditions, mechanic’s lien and public works claims and bid protests before state and federal courts, arbitration (sole arbitrator and arbitration panels) and governmental boards. Representative work includes clients who work on public, private and P3 construction projects involving commercial, infrastructure (heavy highway, roadways, tunneling, airports, transportation and wick drains), industrial, institutional, alternative energy and residential projects. Mark is a member of the construction industry panel of arbitrators of the American Arbitration Association and has served as a sole arbitrator and arbitration panel member in construction related arbitrations.  He has experience as a court appointed and private mediator in construction and commercial disputes. Mark assisted in passing legislation of interest to the construction community, including drafting key portions of the Colorado statute limiting risk transfer/indemnification in construction contracts and payment bonding requirements for P3 construction projects. He is a frequent author and lecturer on construction law, including construction contracts, construction litigation, Colorado mechanic’s lien and public works law and other related topics.

EDUCATION

BA - University of Wisconsin-Madison

JD – University of Denver College of Law

BAR ADMISSIONS

Colorado

Illinois

• Main Electric v. Printz Services Corporation Main Electric v. Printz Services Corporation, 980 P.2d 522 (Colo. 1999)
• Dinnerware Plus Holdings, Inc. v. Silverthorne Factory Stores LLC, 128 P.3d 245, (Colo. App. 2004)

1987

• Instructor, National Institute of Trial Advocacy Deposition Technique Program 1987-1997, Denver, Colorado

1995

• Author/Lecturer, Design Build in Colorado, presented to CLE International Construction Law Conference (1995), Denver, Colorado

1996

• Author/Lecturer, Project Issues from the Subcontractor's Perspective, presented to CLE International Construction Law & Litigation Conference (1996-2001), Denver, Colorado

1997

• Author/Lecturer, The Uniform Commercial Code and The Construction Industry: Do the Warranties Really Apply?, presented to the American Bar Association Forum on the Construction Industry Annual Meeting (April, 1997), New Orleans, Louisiana
• Author/Lecturer, Mechanic's Liens and Public Works Claims in Colorado, presented to National Association of Credit Management (1997- present), Denver, Colorado and the Southwest Business and Construction Credit Conference, Tempe, Arizona

1998

• Author/Lecturer, Mechanic's Lien and Public Works Claims in Colorado, presented to National Business Institute (1998), Denver, Colorado

2003

• Author/Lecturer, Advanced Construction Law in Colorado, presented to National Business Institute (2003), Denver, Colorado
• Author/Lecturer, Representing Subcontractors and Materialmen in the Construction Law Process, presented to the Colorado Bar Association CLE (2003), Denver, Colorado

2005

• Lecturer, Construction Contract Issues for Special Districts, presented to the Special District Association of Colorado, (2005), Keystone, Colorado

2007

• Lecturer, Construction Contract Issues for Concrete Pumpers, presented to the American Concrete Pumping Association Education Conference (2007 & 2009), Westminster, Colorado

2010

• Panel Member, Arbitration, Construction Law Track, Colorado Defense Lawyers Association, 2010 Annual Conference, Vail, Colorado

2016

• Author/Lecturer, Clause and Effect - Killer Contract Clauses, presented to Insulation Contractors Association of America, 2016 Annual Conference, Denver, Colorado

2017

• Author/Lecturer, Risky Business: You Don’t Have to Shoulder All The Responsibility on the Job – Construction Contract Legal Principles and Killer Contract Clauses, presented to the American Concrete Pumping Association 2017 Education Conference, Grapevine, Texas

• Fellow, Construction Lawyers Society of America
• American Bar Association, Forum on Construction Law
• Panel Member, Construction Industry Arbitrators, American Arbitration Association
• Colorado Bar Association, Construction Law Section
• Fellow Emeritus, Colorado Bar Foundation
• Illinois State Bar Association
• Chapter Attorney - American Subcontractors Association – Colorado
• American Subcontractors Association Attorneys' Council
• Court appointed and private mediator in construction and commercial disputes

• SuperLawyer in Colorado for construction litigation matters for 2009, 2010 and 2013-2019
• Selected by his peers for inclusion in the 2016-2019 editions of The Best Lawyers in America© in the field of construction law