Jesse Witt

Jesse Witt

Attorney Profile

Top Rated Construction Litigation Attorney in Boulder, CO

Frascona Joiner Goodman Greenstein, PC
 | 4750 Table Mesa Drive, Boulder, CO 80302
Phone: 303-494-3000
Fax: 303-494-6309
Email: Jesse Witt
Selected to Super Lawyers: 2016 - 2019
Selected to Rising Stars: 2012 - 2014
Licensed Since: 2001
Practice Areas:
  • Construction Litigation: Consumer (50%),
  • Appellate (30%),
  • Business/Corporate (20%)
Languages Spoken:
  • English,
  • Italian
Attorney Profile

Jesse Howard Witt is an experienced trial and appellate lawyer who focuses on construction law, appeals, and civil litigation. He is the lead author of Insuring the Risk of Construction Defects in Colorado: The Tenth Circuit’s Greystone Decision, a seminal discussion of the evolution of construction liability insurance policies in the United States and the interpretation of such policies in Colorado. He also wrote The Spearin Doctrine and the Economic Loss Rule in Residential Construction, which was selected for publication in the 2007 Legal Handbook for Architects, Engineers, and Contractors. In his practice, he has represented hundreds of homeowners, associations, and contractors in construction disputes and appeals, and he is recognized as a leading speaker on construction law, appellate practice, and legal ethics.

Mr. Witt completed his juris doctorate at the University of Denver, where he served as an editor of the Transportation Law Journal and provided pro bono representation in the Student Law Office, the oldest academic legal aid clinic in the United States. Mr. Witt holds a bachelor’s degree in astrophysics from the University of California at Berkeley and studied in the astronomy department of the Università degli Studi di Padova near Venice, Italy. Before and during law school, Mr. Witt supervised excavation crews as a union grade setter on various residential and commercial developments.

In his law practice, Mr. Witt believes that a collaborative approach involving both attorney and client is crucial to success. He represents his clients aggressively and professionally, and he is a strong proponent of alternative dispute resolution. Mr. Witt is a member of the American, Colorado, and Denver Bar Associations, and of the ABA Forum on the Construction Industry. He serves on the amicus curiae committee of the Colorado Trial Lawyers Association and is a past member of the legislative action committee for the Community Associations Institute. He is currently one of only a handful of attorneys in the United States to be a member of the Associazione Internazionale Giuristi di Lingua Italiana, the International Association of Italian Language Lawyers.

Mr. Witt is admitted to practice law in Colorado, California, and New Mexico.

About Jesse Witt

Admitted: 2001, Colorado


  • Author of the Year honors a volunteer who consistently provides extensive and timely editorial support and content expertise by writing, editing and reviewing CAl publications and/or newsletters, authors a new, significant publication, or otherwise authors materials of significance to CAl's mission. The 2014 winner was Jesse Howard Witt, Esq. from the Rocky Mountain Chapter. "Jesse's submission of briefs on behalf of CAl in multiple cases helped raise the profile of CAl's amicus curiae program nationally, while also increasing the importance of CAl's role within the Colorado community association and legal communities. His filings championed association rights on issues such as construction defects and covenants protection, setting the record for the most briefs written by an attorney in one year, as well as for the most amicus briefs authored on behalf of CAl in one year with four individual cases and a fifth that he sponsored. Jesse also serves on the amicus curiae committee of the Colorado Trial Lawyers Association and CAl's Colorado Legislative Action Committee.", National Author of the Year, Community Associations Institute, 2014

Bar/Professional Activity:

  • International Association of Italian Language Lawyers
  • American Bar Association Forum on the Construction Industry
  • Colorado Bar Association Subcommittee on Appellate Practice
  • Colorado Trial Lawyers Association Amicus Curiae Committee
  • Community Associations Institute, Colorado Legislative Action Committee

Pro bono/Community Service:

  • Board member, Colorado Lawyers Committee, 2018
  • Represented indigent clients in the advanced civil litigation clinic of the University of Denver's Student Law Office., 2000

Scholarly Lectures/Writings:


  • In re Cherry Creek Recycling, LLC v. Delaware Dept. of Transp. (AAA 2017). Prosecuted differing site condition claim on behalf of subcontractor in bridge demolition dispute with prime contractor and state department of transportation. Obtained substantial arbitration award using modified total cost method. Oversaw and directed team prosecuting and defending related lawsuits in state and federal courts of Colorado, Delaware, and New Jersey., 2017
  • In re Towne Square Lofts Homeowners Ass’n v. Towne Square Condos., LLC et al., (AAA 2015). Overcame statute of limitations and repose defenses to recover substantial arbitration award for thirteen‑year old high‑rise community in Denver facing extensive construction defects., 2015
  • In re Francis. Won award of attorney fees while defending claims against homeowners over construction cost overruns in arbitration, 2013
  • Hamon Contractors Inc. v. City of Louisville et al. In series of appeals, obtained reversal of orders finding general contractor liable to city for attorney fees and bound to unfavorable settlement. Following remand, co‑chaired successful prosecution of claims during jury trial and helped procure settlement of $1.6 million in damages and attorney fees., 2010
  • Cleary Building Corp. v. Dame, 674 F. Supp. 2d 1257 (D. Colo. 2009). Obtained Rule 12 dismissal of claims alleging that building owner’s publication of architectural designs and other work product violated trademark and cybersquatting laws., 2009
  • FlatIron Crossing litigation. Represented multiple tenants of shopping mall in dispute with developer over expansive soils. Matters eventually settled under confidential terms., 2009
  • Heritage Village Owners Ass’n v. Golden Heritage Investors, Ltd., 89 P.3d 513 (Colo. App. 2004). Established precedent recognizing community association’s standing to assert breach of implied warranty claims and upholding cost of repair as measure of damages. Represented association in subsequent federal and state court insurance coverage disputes resulting in substantial settlement., 2004

Representative Clients:

  • Cherry Creek Recycling, LLC; Hamon Contractors, Inc.; Heritage Village Owners Association, Inc.; Il Fornaio (America) Corporation; Towne Square Lofts Homeowners Association

Educational Background:

  • J.D., University of Denver College of Law, 2001
  • A.B., University of California Berkeley, Astrophysics, 1996
Office Location for Jesse Witt

4750 Table Mesa Drive
Boulder, CO 80302

Jesse Witt:

Last Updated: 11/21/2018

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