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Progress Isn’t Perfect: Emerging Professional and Technological Risks Facing Contractors and Design Professionals
September 2025 - Professionally Speaking
Ryan Williams represents clients in complex premises liability and high-exposure general liability cases, construction defect matters, trucking and transportation matters, professional liability on behalf of architects and engineers, and nursing home and elder law matters. In addition, Ryan handles real estate litigation; commercial disputes in federal and state courts; and employment litigation, representing employers in cases arising under state and federal fair employment practices statutes. He has prevailed in numerous jury and court trials, and has extensive appellate experience before the Colorado Court of Appeals and Colorado Supreme Court. This wide-ranging experience enables Ryan to effectively represent clients at all stages of litigation. He partners with national and regional insurers to achieve effective defense strategies and resolution of claims in these areas.
Ryan clerked for the Honorable JoAnn L. Vogt of the Colorado Court of Appeals, where he researched and wrote on a broad range of legal topics, including commercial and real estate disputes, insurance law, and corporate, shareholder and fiduciary responsibilities. He then moved to a prominent Denver business firm, where he specialized in construction and real estate litigation. The son of a contractor, Ryan understands the unique needs of construction professionals and the legal issues they and their insurers face.
Insurance Defense
Claims and litigation management, particularly in the areas of premises liability and catastrophic personal injury, is a mainstay of Ryan’s practice. Recognized for his involvement in high-exposure cases, he also handles more modest and less far-reaching matters with the same levels of rigor and discipline. Ryan's experience in both trial and appellate courts, combined with pragmatism and a willingness to work toward outcomes in his clients’ best interest, provides tailored resolutions to their most complex problems. Often engaged as monitoring counsel, Ryan provides prompt analysis and evaluation of the claim exposure, manages the progress and cost of the defense, and assists in negotiating the insurer’s settlement contribution.
Construction
With a broad perspective on statutory requirements and case law in jurisdictions throughout the country, Ryan provides experienced counsel in managing liability resulting from construction defects and accidents. Throughout the project development continuum − from planning, to design, to construction, to the efficacy of completed projects − he analyzes and handles complex construction defect and delay claims under typical general liability and payment and performance bonds, as well as subcontractor default insurance and consolidated insurance programs. Ryan also has extensive experience in construction accident claims, including claims for property damage and personal injury arising out of crane and equipment failures, and construction product liability. Among Ryan’s notable accomplishments is a published decision by the Colorado Supreme Court concerning the applicability to construction professionals of certain provisions of the Workers’ Compensation Act of Colorado.
Commercial Transportation
Ryan offers a “cross-practice” approach to commercial transportation clients, frequently collaborating with colleagues throughout the firm in litigated, regulatory and administrative matters. He engages with the firm’s 24/7 emergency response team for catastrophic events, and is a trusted adviser to insurers and self-insureds or point of contact counsel for litigation needs.
Professional Liability/Architects & Engineers
Ryan serves as co-chair of the firm’s Design Professionals Practice. In defending malpractice suits and providing pre-claim counsel to architects and engineers, Ryan boasts an enviable record of helping clients contain or avoid financial damages from the claims that increasingly characterize this area of law. He represents design professionals through all phases of construction litigation and counsel and, given Wilson Elser’s national footprint, he can obtain on-the-ground resources to serve them in different geographies. The firm’s attorneys work seamlessly across practices and jurisdictions, aligning the firm’s resources with each client’s individual requirements.
Commercial Litigation
Ryan's practice includes commercial and breach of contract lawsuits as well as a background in corporate transactional matters, and reviewing, drafting and negotiating contracts, leases and credit and security agreements.
Ryan Williams represents clients in complex premises liability and high-exposure general liability cases, construction defect matters, trucking and transportation matters, professional liability on behalf of architects and engineers, and nursing home and elder law matters. In addition, Ryan handles real estate litigation; commercial disputes in federal and state courts; and employment litigation, representing employers in cases arising under state and federal fair employment practices statutes. He has prevailed in numerous jury and court trials, and has extensive appellate experience before the Colorado Court of Appeals and Colorado Supreme Court. This wide-ranging experience enables Ryan to effectively represent clients at all stages of litigation. He partners with national and regional insurers to achieve effective defense strategies and resolution of claims in these areas.
Ryan clerked for the Honorable JoAnn L. Vogt of the Colorado Court of Appeals, where he researched and wrote on a broad range of legal topics, including commercial and real estate disputes, insurance law, and corporate, shareholder and fiduciary responsibilities. He then moved to a prominent Denver business firm, where he specialized in construction and real estate litigation. The son of a contractor, Ryan understands the unique needs of construction professionals and the legal issues they and their insurers face.
Ryan Williams represents clients in complex premises liability and high-exposure general liability cases, construction defect matters, trucking and transportation matters, professional liability on behalf of architects and engineers, and nursing home and elder law matters. In addition, Ryan handles real estate litigation; commercial disputes in federal and state courts; and employment litigation, representing employers in cases arising under state and federal fair employment practices statutes. He has prevailed in numerous jury and court trials, and has extensive appellate experience before the Colorado Court of Appeals and Colorado Supreme Court. This wide-ranging experience enables Ryan to effectively represent clients at all stages of litigation. He partners with national and regional insurers to achieve effective defense strategies and resolution of claims in these areas.
Ryan clerked for the Honorable JoAnn L. Vogt of the Colorado Court of Appeals, where he researched and wrote on a broad range of legal topics, including commercial and real estate disputes, insurance law, and corporate, shareholder and fiduciary responsibilities. He then moved to a prominent Denver business firm, where he specialized in construction and real estate litigation. The son of a contractor, Ryan understands the unique needs of construction professionals and the legal issues they and their insurers face.
Ryan Williams (Partner-Denver) and Michelle Yang (Associate-Denver) obtained summary judgment on behalf of their client, a regional bank with branches throughout Colorado, in the Denver County District Court. The presiding judge granted the motion, dismissing all vicarious liability claims against the bank.
The case arose from an August 2023 motor vehicle collision in which a bank employee struck the plaintiff while driving home from a work-related banking conference. The plaintiff alleged that our client was vicariously liable under respondeat superior, arguing the employee was acting within the course and scope of her employment at the time of the accident. Ryan and Michelle successfully argued that Colorado's well-established going-and-coming rule barred the claim, demonstrating that the employee's commute home – regardless of whether the employee had attended a work event earlier that day – did not further the bank's business purpose. The Court agreed, finding no genuine issue of material fact and ruling that the doctrine of respondeat superior was inapplicable as a matter of law.
Ryan A. Williams and Michelle Yang
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 A. Williams, Edward M. O'Brien and Gabrielle (Gabs) Lalonde
Daniel Coffman (Associate-Washington, DC), Anjali Das (Partner-Chicago, IL), David Ross (Partner-Washington, DC), Kim Viergever (Of Counsel-Denver, CO) and Ryan Williams (Partner-Denver, CO) obtained dismissal with prejudice of a federal data breach class action filed against a services vendor for mental health care providers in the District of Colorado. The case comprised eight consolidated class actions brought by 15 named plaintiffs that arose out of a ransomware incident that involved the personal information of almost 4.3 million individuals and included sensitive information such as health information and Social Security numbers. The court agreed that all of the named plaintiffs lack Article III standing, dissecting each of their alleged theories of harm and coming down on the side of the more reasoned courts that have found these types of theories fail to establish standing – public disclosure of private information, increased spam, diminution in value of PHI/PII, emotional distress and future harm. The court concluded that “Plaintiffs have failed to allege injuries in fact that are fairly traceable to the Defendants’ complained-of conduct,” and issued a judgment dismissing the plaintiffs’ claims with prejudice and closing the case.
Daniel R. Coffman, Anjali C. Das, David M. Ross, Kimberly Viergever and Ryan A. Williams
Ryan Williams (Partner-Denver, CO) and Laura Ellenberger (Of Counsel-Denver, CO) obtained summary judgment in a contract dispute matter brought in the U.S. District Court for the District of Colorado. The plaintiff, a salesperson hired by our client, a natural food products manufacturing company, alleged that he was entitled to commission payments following the termination of his services contract with our client. An offer letter stated that the plaintiff was entitled to a defined percentage of sales realized from client relationships he established. After termination of this contract, the plaintiff alleged entitlement to commission payments from this group of clients in perpetuity, arguing that the offer letter did not expressly state that commission payments were dependent on continued provision of services under the contract, but instead, were owed in perpetuity on any customers he generated for the client. Ryan and Laura filed for summary judgment, asking that the court determine, as a matter of law, that the offer letter could not reasonably be interpreted in this manner. The court agreed, finding that there was no evidence of a "meeting of the minds" on the duration of commission payments. As the prevailing party, the client is entitled to litigation costs.
Ryan A. Williams and Laura J. Ellenberger
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.
Ryan A. Williams and Gabrielle (Gabs) Lalonde