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Bradley Damm - Associate

Bradley Damm is an Associate at Tyson & Mendes’ Colorado office.  Mr. Damm’s practice focuses on personal injury, premises liability, construction defect, professional malpractice defense litigation, and commercial litigation.

Mr. Damm has extensive litigation experience in state courts throughout Colorado, the U.S. District Court for the District of Colorado, and the Tenth Circuit.  Mr. Damm works hard to position cases for summary judgment and successful defense at trial.  In the past, Mr. Damm has successfully defended cases at trial, including construction defect and professional liability cases.  Mr. Damm also has substantial experience representing developers and general contractors in complex commercial and construction defect litigation, obtaining favorable settlements for his clients.

Mr. Damm earned his J.D. from the University of Denver Sturm College of Law in 2011.  As a law student, Mr. Damm served as the Managing Editor of the Denver Journal of International Law & Policy and earned the Scholastic Excellence Award in Advanced Legal Writing, the highest grade awarded to students in the field.

In his free time, Mr. Damm is an avid trail runner and enjoys skiing and traveling with his family.

Recent Posts

Avoiding Premises Liability Claims for Colorado Businesses

Colorado’s Premises Liability Act is found under C.R.S. § 13-21-115. This Act provides the sole remedy for those injured on land possessed by another landowner. The term “landowner” includes authorized agents or other persons in possession of real property or otherwise legally responsible for the condition of real property or the activities conducted or circumstances existing on real property. The Premises Liability Act divides a landowner’s duty of care by the classification of the injured person. These include “invitees,” “licensees,” and “trespassers.” This article focuses on the duties owed to invitees.

The Most Important Element of the Colorado Consumer Protection Act

The General Assembly enacted the Colorado Consumer Protection Act (“CCPA”) to protect the public from unfair or deceptive trade practices. However, plaintiffs have increasingly used it as a tool to bypass the American Rule for recovery of attorneys’ fees.

Holes in the Colorado Product Liability Statute Affect Innocent Sellers

At first glance, Colorado’s product liability statute appears to insulate sellers of products from all liability for a defective product.  However, a careful reading of the statute and interpreting case law reveals sellers still face liability for defective products they sell.

Real Estate Agent’s Exposure for Incomplete Property Disclosure

Real estate professionals commonly assume the residential property disclosure is the sole responsibility of seller and not the seller’s real estate broker.  This misconception has resulted in allegations and claims against real estate brokers for negligence, breach of contract, misrepresentation, violation of the Colorado Consumer Protection Act, fraud based claims, and even civil theft.  The focus of this article is simply on the violation of the…

Serving Parties in Colorado in the Age of COVID-19

Tyson & Mendes’ Colorado office often represents developers and general contractors in construction defect cases.  We typically need to bring third party claims against the design professionals and subcontractors to obtain their participation in the case.  However, due to the coronavirus outbreak and resulting restrictions on personal contact, serving these Third Party Defendants is nearly impossible.  Instead of waiting out…

Colorado Legislator Seeks to Extend Construction Defect Limitations Period To a Decade and Beyond

In 2017, the Colorado Supreme Court and Colorado Legislature each took action many developers and contractors credit for spurring multifamily development.  The decision in Vallagio clarified that developers could retain a right of consent to certain amendments to the homeowners’ association’s declaration.  House Bill 1279 imposed notice and voting requirements that increased the difficulty for homeowners’ associations to bring construction defect…

Supreme Court’s Guidance to Developers in the Vallagio Case

In 2017, the Colorado Supreme Court handed developers a victory in the ongoing saga of construction defect law in Colorado. In Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., 395 P.3d 788 (Colo. 2017), the Colorado Supreme Court held that the Colorado Common Interest Ownership Act (“CCIOA”) does not prohibit developers from retaining a right of consent to certain amendments to the HOA’s…

Colorado Legislature Attempts to Propel Condominium Development

Colorado has consistently ranked near the top for population growth over the past decade.  Despite substantial annual increases in the population, condominium and other multifamily constructions remained stagnant. Now, numerous real estate professionals are crediting the legislature for helping spur condominium development.

Preserving Your Right to Arbitrate

At what point does a defendant waive its contractual arbitration rights?  Courts in Colorado favor enforcement of arbitration agreements and disfavor waiver.  However, the courts have identified limits as to how much a party may take advantage of court resources before the court finds the party has waived its right to arbitration.

Drafting an Unchallengeable Designation of Nonparties at Fault

Colorado imposes a comparative negligence standard on damages.  In particular, the Colorado legislature has declared that no defendant shall be liable for an amount greater than the defendant’s percentage of negligence or fault. However, if a defendant believes a nonparty is liable for the plaintiff’s damages, the defendant must take specific steps to protect itself and explicitly designate the nonparty at fault.  Plaintiffs frequently move to strike…

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