Attorney

Nick R.
Herrick

Attorney
Nick R. Herrick
Attorney

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As a member of the firm’s Litigation Section, Nick represents individuals, small businesses, as well as public and private corporate clients in a wide range of commercial disputes and risk avoidance.  Nick focuses his practice on construction disputes, employment litigation, and general business litigation.  

In his construction practice, Nick works with developers, general contractors, design professionals, and trade contractors in developing contract documents and best practices, code compliance, easement disputes, delay claims, and construction-defect litigation.  

In his employment practice, Nick works with employers of all sizes in developing training and governance materials, compliance with the Fair Labor Standards Act and Americans with Disabilities Act, wage and hour disputes, as well as avoiding and defending claims of retaliation and discrimination.  Nick’s employment litigation practice includes managing administrative agency investigations around the country up through class and collective actions in Federal Court.  

In his spare time, you can find Nick on his road or mountain bike, in his shop refining his amateur woodworking skills, or exploring the great Colorado outdoors with his wife Karli and their vizsla, Remi.


Representative Matters
  • Succeeded on a motion for summary judgment on claims of professional negligence and breach of contract stemming from the alleged failure to procure adequate insurance.
  • Obtained summary judgment on a matter of first impression relating to individual rights to access public utility easements for placement of private utility line tie-ins.  
  • Obtained favorable dismissal of restaurant group client in a collective action brought under the Fair Labor Standards Act involving approximately 5,000 putative plaintiff collective members. 
  • Obtained outright dismissal of negligence and premises liability claims on behalf of Owners’ Association as a discovery sanction. 
  • Prevailed on a motion to dismiss claims of negligence stemming from alleged construction defects and maintenance failures giving rise to a catastrophic water loss. 
  • Obtained full defense and liability exposure indemnification under contractual additional insured obligations in several multi-million-dollar construction defect matters. 
  • Negotiated voluntary dismissal of national trucking client in litigation stemming from fatal pileup of 11 semi tractors and trailers.  
  • Represented multinational construction, property, and infrastructure company in sealed Federal Court litigation involving claims of construction and product defects in a government facility requiring Secret security clearance.  
  • Secured many determinations of “no probable cause to believe a violation occurred” by the Equal Employment Opportunity Commission and Colorado Civil Rights Division in matters of alleged employment discrimination and retaliation. 
  • Orchestrate internal investigations of past and present employees in assisting employers with making for-cause dismissals while avoiding allegations of wrongful termination. 
  • Obtained defense verdict on behalf of national residential builder in arbitration before the Colorado Association of Realtors. 
Publications and Articles

Author
COVID-19 and Business Interruption Insurance – One Year Later, Ambiguity Remains
InsuranceNewsNet, March 2021

Posts by Nick R. Herrick