Gabrielle (Gabs) Lalonde

Ryan Williams (Partner-Denver), Edward O’Brien (Partner-Louisville), and Gabrielle Lalonde (Associate-Denver) secured an appellate victory in the Colorado Court of Appeals for Wilson Elser’s client, Jim Black Construction. The court affirmed the trial court’s judgment in favor of the client in its lien foreclosure and breach of contract action against a property owner for whom it provided services. The panel rejected the property owner’s challenges to the validity and amount of the mechanic’s lien and upheld the trial court’s findings that the lien was not knowingly excessive. The court also affirmed the contract judgment, concluding that the parties’ proposal and work authorization are to be construed together and that the record supported the scope of work and the charges awarded. This decision allows Jim Black Construction to proceed toward foreclosure and enforcement upon issuance of the mandate, absent any further review.

Ryan Williams (Partner-Denver, CO) and Gabrielle Lalonde (Associate-Denver, CO) obtained a defense verdict following a four-day bench trial in Jefferson County, Colorado. The plaintiff, a homeowner, hired our client, a restoration contractor, to repair his home following an electrical fire. The plaintiff claimed our client promised completion by a certain date, which he denied. Upon initiation of repair work, our client discovered numerous latent conditions, including asbestos and structural defects, which greatly complicated the repair plan and required additional engineering and design efforts. As these initial issues approached resolution, the plaintiff elected to make additional changes to the design of the house, which necessitated further design and engineering changes. Following more than two years of effort by our client, the plaintiff fired him, claiming failure to timely complete the work and defects in the work performed to that point. Claims included negligence, breach of contract and fraud. Ryan and Gabrielle asserted claims arising out of the plaintiff's failure to pay for completed work. Following trial, the court entered an order denying all plaintiff’s claims and awarding our client more than 98 percent of the amount of damages sought and attorneys' fees pursuant to the parties' agreement.