Alvin M. Cohen

Attorney Profile

Top Rated Construction Litigation Attorney in Greenwood Village, CO

Benjamin, Bain & Cohen, LLC
 | 5555 DTC Parkway, Suite 340
Greenwood Village, CO 80111
Phone: 303-267-6535
Selected to Super Lawyers: 2010 - 2017
Licensed Since: 1986
Practice Areas:
  • Construction Litigation: Business (60%),
  • Real Estate (20%),
  • Government Contracts (20%)
Attorney Profile

Alvin M. Cohen is a highly regarded attorney with Benjamin, Bain, Howard & Cohen LLC in Greenwood Village, Colorado.

His practice areas include construction law and litigation, real estate litigation, commercial litigation and contract drafting and negotiations. He represents construction contractors, subcontractors and various suppliers and developers in private sector projects and in government contracts.

Mr. Cohen has earned several awards and honors that reflect his commitment to his clients and the profession of law. He is an AV Preeminent peer review rated attorney through Martindale-Hubbell, the group's highest rating. He has been named to Colorado Super Lawyers every year since 2010. Since 2009, Chambers USA has ranked Alvin Cohen one of Colorado's top construction law attorneys.

Among other honors, Mr. Cohen is a recipient of "The Civil Litigation Writing Award" from the Colorado Bar Association. He is a member of the American Arbitration Association's panel of arbitrators, and he often lectures on a variety of construction topics. He earned his J.D., cum laude, from Boston University in 1979, after earning his B.A., magna cum laude, from Duke University in 1976.

 
Practice Areas
Lawyer Practice Area Pie Chart

Construction Litigation (60%)

Real Estate (20%)

Government Contracts (20%)

Selections

Selected to Super Lawyers for 8 yearsbottom-image

Super Lawyers: 2010 - 2017

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About Alvin Cohen

Admitted: 1986, Colorado

Professional Webpage: http://www.bbhlegal.com/attorneys-d.html

Honors and Awards:

  • AV Pre-eminent peer review, by Martindale-Hubbell
  • Recipient, "The Civil Litigation Writing Award," Colorado Bar Association
  • Chambers USA has ranked Alvin Cohen as one of 8 of Colorado’s best lawyers in the Real Estate/Construction litigation field, 2010 - 2011

Bar/Professional Activity:

  • Member, National Panel of Arbitrators for construction arbitration, American Arbitration Association
  • Litigation and Construction Sections, Colorado Bar Association
  • U.S. Court of Appeals 4th Circuit, 1980 - 1985
  • U.S. District Court District of Colorado, 1986
  • U.S. Court of Appeals 10th Circuit, 1997
  • U.S. Court of Appeals 11th Circuit, 1981
  • U.S. Court of Appeals 6th Circuit, 1981
  • U.S. Court of Appeals 5th Circuit, 1981
  • U.S. District Court Eastern District of Tennessee, 1979
  • Tennessee, 1979
  • U.S. Tenth Circuit Court of Appeals, 1977
  • Colorado, 1986

Scholarly Lectures and Writings:

  • Public Construction Contracts, Lorman Education Services, Inc., 2011
  • The Fundamentals of Construction Contracts, Lorman Education Services, Inc., 2011
  • The Fundamentals of Construction Contracts, Lorman Education Services, Inc., 2005 - 2009
  • Construction Payment Remedies, National Business Institute, 1997
  • Risk Management in Construction, Lorman Education Services, Inc., 2005 - 2006
  • Construction Liens in Colorado, Lorman Education Services, Inc. 1994
  • Advanced Construction Law in Colorado, National Business Institute, 2003
  • Advanced Construction Law in Colorado, National Business Institute, 2001
  • Advanced Construction Law in Colorado, National Business Institute, 2000
  • Advanced Construction Law in Colorado, National Business Institute, 1997
  • Advanced Construction Law in Colorado, National Business Institute, 1996
  • Advanced Construction Law in Colorado, National Business Institute, 1994
  • Construction Claims and Job Profitability in Colorado, National Business Institute, 2003
  • Construction Claims and Job Profitability in Colorado, National Business Institute, 1999
  • Construction Claims and Job Profitability in Colorado, National Business Institute, 1994
  • Construction Claims and Job Profitability in Colorado, National Business Institute, 1988
  • Colorado Public Construction Contracts, Institute for Advanced Legal Studies, 1988
  • Landmark Changes in Colorado Construction, Law 26 Colorado Lawyer 123, June 1997
  • Negligence Claims in Construction Litigation, 8 The Construction Lawyer 3, March 1988
  • The Potential and Perils of Colorado Public Construction Contracting, 16 Colorado Lawyer 2131, January 1988
  • Let the Builder-Vendor Beware: Defenses and Damages in Home Builder Litigation, 16 Colorado Lawyer 629, April 1987
  • Let the Builder-Vendor Beware: The Demise of Caveat Emptor in Colorado, 16 Colorado Lawyer 463, March 1987
  • Negligence: The Construction Claim Panacea?, 11 Colorado Lawyer 1992, November 1986

Verdicts and Settlements:

  • Represented a subcontractor on an acceleration and disruption claim involving the purified process piping for an Intel micro processing facility in Colorado Springs, where the original claim was for $45 million. The claim was satisfactorily settled after a two week ADR "mini-trial" with Intel, the general contractor, and the three largest subcontractors, including Al's client
  • Represented a real estate developer on a $1 million deficiency claim by the lender. Based on the jury's finding of a bad faith foreclosure bid, the lender recovered nothing
  • Al represented a real estate developer in a lender liability claim against Mellon Bank. A five week jury trial resulted in a $64 million jury verdict in favor of the developer which, at the time, was the largest jury verdict in Colorado history. On appeal, liability was affirmed, and the damages were reduced to approximately $15 million (which was more in line with the damages requested).
  • Defense of a $2 million claim by an excavation contractor who asserted that its work was disrupted by unanticipated rock conditions. After separate week-long liability and damages trials, the contractor was awarded only 15% of its claim
  • Satisfactory resolution of a $2.5 million claim by an electrical subcontractor for undisclosed underground conditions in connection with the Industrial Waste Containment Upgrade Project at DIA. Those claims included a loss caused by undisclosed lignite at the job site
  • While at the Tennessee Valley Authority, almost all of Al's construction cases involved schedule delay or disruption claims. Those included claims involving the construction of an office complex, a flume restoration project for an historic hydroelectric plant, and several nuclear plants. Most prominent was a $20 million claim by a structural steel fabricator, and a counterclaim by the agency for defective work, where the agency was ultimately awarded $1.8 million after trial
  • Represented a national electrical subcontractor on a disruption claim arising out of the installation of navigational aids at DIA for the FAA. The disruption claim totaled over $1 million, and was eventually settled for approximately 75 cents on the dollar

Representative Clients:

  • Handled numerous disputes between co-owners of development partnerships and limited liability companies
  • Defended two "spurious lien" cases, both of which resulted in favorable results within weeks of the liens being filed
  • Represented the seller of a commercial lot against a buyer's claim that site development work was improperly performed. After a two week arbitration, the buyer was awarded only 15% of the claimed damages
  • Represented a partner in a real estate development against his partner, who misappropriated construction funds disbursed by the lender
  • Represents contractors and suppliers in mechanic's lien actions, as well as developers in the defense of such actions
  • Represents homebuilders (and occasionally homeowners) in a variety of defect claims, such as expansive soils, stucco defects, roof and basement leaks, defects in finish work, etc
  • Defense of a claim by one of the nation's largest general contractors arising out of the design and construction of the control system for a coal gasification plant. After a two week trial before the Board of Contract Appeals, the claim was rejected in its entirety
  • Represented the owner of a large regional mall in connection with unanticipated settlement of the ground and consequent damage to the retail spaces
  • Represented the owner of a large regional mall in connection with unanticipated settlement of the ground and consequent damage to the retail spaces
  • Represented a blasting subcontractor on a mountain casino project, where the issues centered on whether unforeseen site conditions contributed to blast damage and impacted the project schedule

Educational Background:

  • Boston University School of Law, J.D., Cum Laude, 1979
  • Duke University, B.A., Magna Cum Laude, 1976
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Comments

  • “A pleasure to work with.”
  • “Al is extraordinary at relating his analytical skills and knowledge of the law with the particularities of a case while maintaining a constant focus on the economic realities facing a client.”
  • “A fierce advocate and consummate professional. Al is humble and seemingly unaware of how a room of attorneys immediately pay attention when he's speaking because everyone knows he knows his stuff. Professionally, he's a tough advocate but will always keep the communication open to facilitate settlement.”

These comments were made by fellow attorneys during the annual nomination process.

Office Location for Alvin M. Cohen

5555 DTC Parkway
Suite 340
Greenwood Village, CO 80111

Phone: 303-267-6535

 

Alvin M. Cohen:

Last Updated: 12/15/2016

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