Kate Krause, Esq.
Krause Dispute Resolution
Denver, CO 80222 and Port Charlotte, FL 33952
Profession: Arbitrator, Mediator, and Early Neutral Evaluator: Complex Construction, Commercial and International Disputes.
Current Employment: ADR Practitioner and Principal, Krause Dispute Resolution, Denver, Colorado.
- Krause Dispute Resolution, Principal, Arbitrator/Mediator, 2017 to Present.
- Independent Arbitrator/Mediator, 1997-2016.
- Sage Consulting, Denver, CO, Construction Claims Consultant, 2003-2005, 2008-2013.
- Sherman & Howard, Denver, CO, Contract Litigation Attorney, 2006-2008.
- Sole Practitioner and Construction Claims Consultant, 1999-2002.
- PCL Construction, Inc., Denver, CO, Outside General Counsel, 1995-1998.
- Rothgerber, Johnson & Lyons (currently Lewis, Roca, Rothgerber, Christie), Denver,
CO, Partner, 1988-1994.
- O’Connor & Krause, Vail, CO, Managing Partner, 1984-1987.
- Alschuler, Grossman & Pines, Los Angeles, CA, Associate, 1979-1981.
Construction ADR and Litigation Experience: More than thirty-five years of experience in arbitration, litigation, contract negotiation, and claims consulting relating to multi-million-dollar government and private commercial, industrial, and residential construction projects in the U.S. and internationally. Twenty years in private litigation and commercial practice in major law firms; three years as outside general counsel for a multi-national general contractor; and eight years as a construction claims consultant. Types of projects include treatment plants, power plants, airports, highways, bridges, hotels, conference centers, visitors’ centers, military base ranges, residential developments, and luxury homes. Expertise in:
Government Contracts: Contract Disputes Act, Miller Act claims, bid protests, Federal Acquisition Regulations.
Scheduling Claims: delay, acceleration, impact, disruption, including detailed review of critical path method schedules, Gantt charts, resource scheduling, lost profits, extended and home office overhead, Eichleay claims, general conditions, lost productivity.
Defective Design and Construction: inaccurate P&IDs, structural, HVAC, electrical, mechanical, roofing, moisture intrusion, building envelope, concrete, paving, landscaping, irrigation.
Payment Disputes: prompt payment acts, pay-if-paid and pay-when-paid clauses, backcharges, pass-through claims, liquidated damages, termination for cause, termination for convenience.
Changes Disputes: excessive owner changes, waiver of written notice requirements.
Cost Overrun Claims: involving analysis of project budgets, pay applications, and cost reports.
Differing Site Conditions Claims: reasonable site inspection, misrepresentation of site conditions, unanticipated site conditions, timely notice of differing site conditions.
Surety Bond Claims: bid bonds, payment bonds, performance bonds, material changes in project scope, replacement contractors.
Construction Insurance Claims: general liability, builder’s risk / contractor’s all risks, professional liability, mechanics lien claims, subrogation, coverage exclusions, duty to defend and indemnify.
Arbitrator, mediator, attorney or claims consultant on a wide variety of claims of up to $285 million, including:
– Disputes between design-builder and design engineers of a concert hall and conference center in Reykjavik, Iceland.
– Claims for delays and excessive owner changes in construction of a salt-to-bleach plant in Pennsylvania.
– Differing site conditions and variation-in-quantity claims asserted by general contractor against a Board of Water Commissioners in contract to remove sediments from a reservoir.
– Delay and differing site conditions claims relating to cofferdam construction of a power plant in Mexico.
– Delay and defective work claims among project owner, general contractor, and subcontractor arising out of construction of a luxury hotel in Vail, Colorado.
– Claims by design-builder against owner on project for repairs and upgrades to refinery in Utah, involving incomplete and inaccurate owner-provided P&IDs and excessive owner changes.
– Excavation and trenching subcontractor’s differing site conditions claims against the U.S. government arising from construction of multiple ranges and an assault course at a military base in Colorado.
– Differing site conditions and changes claims in connection with the construction of the Hoover Dam Visitors’ Center.
– Disputes between the general contractor and the government arising from construction of the parallel span of the Chesapeake Bay Bridge.
– Asphalt paving contractor’s claims against a state Department of Transportation involving alleged misinterpretation of the specifications and QA/QC requirements for the project.
– Construction defect claims involving a residential development in Thornton, Colorado;
– Disputes between prime contractor and Italian stone supplier over defective work performed in the Terminal of the Denver International Airport.
– Target price claims between design engineers on Department of Transportation and P3 roadway construction projects in Boulder, Colorado.
Commercial ADR and Litigation Experience: More than 10 years of experience in arbitration, litigation, and contract negotiation of a wide range of complex commercial matters. Expertise in:
Real Estate: commercial leases, purchase agreements, landlord/tenant disputes, property valuations, easements, partnerships, joint ventures, bad faith, breach of fiduciary duty, breach of warranty, breach of contract, intentional interference, homeowners’ association disputes, asset purchase agreements, negligence.
Banking and Finance: asset-based lending, mortgage-backed securities, UCC claims, guaranty agreements.
Intellectual Property: trademarks, copyrights, infringement claims.
Corporate Governance: officer and director liability, internal fraud investigations, employment agreements.
Securities: initial public offerings, compliance with Securities Acts.
Bankruptcy: adversary proceedings, automatic stay.
Commercial matters handled as an arbitrator or attorney include:
– Claims of officer and director liability against bank officers during the Colorado Savings and Loan crisis in the early 1990’s.
– Negotiations with the City and County of Denver and preparation of the design/build contract for Denver International Airport Terminal and Concourses.
– Adversary proceedings in federal bankruptcy court to lift the automatic stay to permit assertion of claims against an international stone supplier.
– Negotiations of a contract involving protection of copyright and trademark rights for a professional musician.
– Claims of a group of tenants against the landlord of a commercial building in Los Angeles, California.
– Negotiation of and litigation relating to asset-based lending transactions in San Diego, California.
– Breach of contract and breach of fiduciary duty claims among partners in a real estate development group.
– Internal corporate investigations of potential officer fraud in Los Angeles, California.
- CIArb Accelerated Route to Fellowship (International Arbitration) Assessment, 2018.
- ICC 16th Miami Conference on International Arbitration, 2018.
- ABA 11th Annual Arbitration Training: A Comprehensive Training in Advanced Arbitration Skills, 2018.
- AAA Construction Conference, 2018.
- AAA Mediator Essentials: Skills for Facilitating Negotiated Agreements, 2017.
- Multiple AAA seminars from 2000 – 2018.
- AAA Construction Arbitrator II Training, 2002.
- AAA Construction Industry Arbitrator Training, 1998.
- AAA Basic Arbitrator Training, 1997.
- American Arbitration Association, Neutral Arbitrator, Construction, Commercial, and Large Complex Case Panels.
- Fellow, Chartered Institute of Arbitrators.
- American Bar Association:
- Dispute Resolution Section: Assistant Secretary; Model Arbitration Rules Working Group; Committees on International Dispute Resolution, Arbitration (Cybersecurity Subcommittee), Ethics, Mediation, and Women in Dispute Resolution.
- ABA Forum on Construction Law: Divisions on International Construction, Litigation and Dispute Resolution, and Government Construction.
- ABA International Law Section: Committees on International Arbitration, Latin America and Caribbean, and Mexico.
- International Chamber of Commerce / U.S. Council for International Business.
- International Bar Association.
- Dispute Resolution Board Foundation.
- Colorado Women’s Bar Association (Past Board Member).
Presentations, Publications and Teaching:
- Organizer and Speaker, A Deep Dive into Hot-Tubbing of Expert Witnesses, to be presented at the ABA Forum on the Construction Industry Annual Meeting, Spring 2020.
- Organizer and Speaker, Emergency and Interim Relief in Domestic and International Arbitration, to be presented at the Construction SuperConference, November 2019.
- Organizer and Speaker, Emergency and Interim Relief in Domestic and International Arbitration, presented at the ABA Dispute Resolution Section Spring Conference, April 2019.
- “Emergency Relief in Domestic and International Construction Arbitration,” The Construction Lawyer (co-author with Joseph Matthews) (ABA, to be published Spring 2019).
- “How to Structure a Persuasive Prehearing Brief in Construction Arbitration,” Under Construction (ABA Nov. 2018).
- “Preparing Reasoned Awards in Arbitration,” Just Resolutions (ABA, Nov. 2018).
- “Can an Arbitrator Conduct Independent Legal Research – A Brief Overview – Part 1,” Arbitration Committee E-Newsletter (ABA, Aug. 2018).
- “Can an Arbitrator Conduct Independent Legal Research – A Brief Overview – Part I1,” Arbitration Committee E-Newsletter (ABA, Nov. 2018).
- Co-author and editor of second editions and annual cumulative supplements during 2003-2005 and 2008-2013 of following treatises authored by William Schwartzkopf and published by Wolters Kluwer: Calculating Construction Damages; Calculating Lost Labor Productivity in Construction Claims; and Practical Guide to Construction Contract Surety Claims.
- Adjunct Professor of Law at DU Law School for several years, teaching Pre-Trial Practicum and Evidence class.
- University of California at Los Angeles (JD, 1979), Law Review Board of Editors.
- University of Colorado (BA, 1973).
- London School of Economics, Spring 1973.
- Chapman College Semester at Sea, Spring 1972.
Professional Licenses: Admitted to the Bar: Colorado, 1984; California, 1979; U.S. Court of Appeals: Ninth (1979) and Tenth (1988) Circuits.
Available for complex construction and commercial arbitration, mediation, and early neutral evaluation throughout the United States and internationally. No charge for travel expenses within the United States.