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Areas of Practice
  • Commercial and Real Estate Litigation

  • Construction Law

  • Construction Defect Litigation

  • Collection

For more than 15 years Bill’s practice has focused on business litigation involving commercial and residential property disclosure cases, commercial evictions and lease disputes, commercial collection (including complex successor liability/fraudulent transfer litigation), construction defect, and construction project payment disputes, including mechanics’ lien, lien foreclosure and construction trust fund litigation.

Bill’s other areas of expertise include representation of students dismissed from state university graduate and undergraduate programs, and representation of minors/court-appointed conservators in third-party/financial institution liability actions involving misappropriation of conservatorship funds and other property.

Bill provides passionate, professional and strategic counsel to clients, with open lines of communication, and up-front disclosure of the benefits, risks and legal costs associated with the case.  Ultimately, Bill is both effective and efficient, bringing a skillful, knowledgeable and results-oriented work ethic to each case.

Bill is a graduate of Arizona State University with a degree in finance, and Thomas M. Cooley Law School in Lansing, Michigan, Bill has spent his legal career practicing in Denver and spends his spare time with his wife and three kids in the mountains, biking, fly fishing and skiing.

Professional Affiliations & Admissions

  • Colorado

  • Wyoming

  • U.S. District Court for the District of Colorado

  • U.S. District Court for the District of Wyoming

  • United States Bankruptcy Court for the District of Colorado

  • U.S. Court of Appeals for the Tenth Circuit

  • Denver Bar Association- Construction Section

  • NARCA (National Association of Retail Collection Attorneys)

  • ALCC (Associated Landscape Contractors of Colorado)

Cases

  • August 2013, Oldenburg v. Thoms – Prevailed on all claims in 3-day jury trial where he represented seller of residential property against breach of contract and misrepresentation claims involving allegations of failing to disclose hidden property damage.

  • July 2011, Barnes v. JP Morgan Chase – Represented special conservator for minor in case against guardian and national bank involving guardian’s misappropriation of conservatorship funds.

  • October 2010, Grosse v. Hamburg – Made new law in case before the United States Bankruptcy Court for the District of Colorado involving homeowner’s construction trust fund claim against home builder. Bankruptcy Court ruled that even in the absence of unpaid liens or claims of subcontractors on a project, a homeowner has standing under Colorado Trust Fund Statute to bring a claim against a general contractor for non project-related use of construction funds advanced by homeowner.

  • April 2010, Landtech v. Mackenzie Place Union – Successfully represented commercial landscape contractor in lien foreclosure action involving extension of mechanics’ lien, which had been filed on only one lot of a larger senior living campus in Colorado Springs, to multiple lots based on integration and use of lots as one property.

Notable Publications and Articles

  • The Colorado Trust Fund Statute – (American Subcontractors Association of Colorado: Subcontractor Report, June 2010)

  • Mechanics’ liens could reduce losses (Colorado Green Magazine, January 2011)

  • Mechanics’ liens, other mechanisms for construction project payment (Colorado Real Estate Journal, June 15, 2011)

  • Tenant eviction for ‘substantial violation’ is a complex matter (Colorado Real Estate Journal, October 19, 2011)

  • Proposed legislation would require ‘pre-lien notice’ to preserve rights (Colorado Real Estate Journal, December 7, 2011)

  • Know seller’s property disclosure and other disclosure standards (Colorado Real Estate Journal, January 18, 2012)

  • Mechanics’ liens relate back to first work on construction projects (Colorado Real Estate Journal, April 18, 2012)

  • Landlords must serve notice to avoid mechanics’ liens for TI (Colorado Real Estate Journal, November 21, 2012)

  • Landlord has burden to prove security deposit withholding (Colorado Real Estate Journal, April 17, 2013)

  • Defaults: Collecting payment deficiency from a guarantor (Colorado Real Estate Journal, July 3, 2013)

  • Effects of tenant bankruptcy on eviction, collection of unpaid rent (Colorado Real Estate Journal, September 18, 2013)

  • Commercial broker liens used to recoup leasing commission (Colorado Real Estate Journal, December 4, 2013)

© 2019 by Darling Milligan PC 

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