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Robert
Benson - Of Counsel
Denver Office
555 Seventeenth Street
Suite 3200
Denver, CO 80202-3979
Phone: 303-295-8234
Fax: 303-975-5417
rbenson@hollandhart.com
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Practice Areas
Alternative Dispute Resolution
- - Arbitration
- - Mediation
- - Dispute Resolution Boards
- - Early Neutral Evaluator
Ethics and Legal Malpractice
EXPERTISE
CURRENT PRACTICE
After a career as a civil litigator emphasizing construction law, Mr. Benson’s practice is now limited to alternative dispute resolutions: arbitration, mediation, dispute resolution boards, and early neutral evaluation.
Mr. Benson has served as an arbitrator in more than 50 cases, including chairing more than 10 arbitration panels. He has mediated more than 100 cases. Mr. Benson is listed in the 2008 edition of Chambers USA, America's Leading Lawyer for Business, for Real Estate and Construction.
He is a member of the American Arbitration Association panels of arbitration and mediation (commercial and construction).
PREVIOUS EXPERIENCE
Mr. Benson has handled and tried cases in most areas of civil litigation and arbitration, including construction, tax, environmental, and major areas of commercial litigation, including actions for breach of contract and business torts. He has been active in all phases of construction law, litigation, arbitration, and mediation, including negotiation and drafting of construction contracts, and major construction disputes involving wrongful termination, delay, interference and extended performance, changed conditions, extra work, change orders, defective construction, negligent supervision, and defective design.
His tax practice has included cases involving federal income tax, property taxation, oil and gas severance taxes, captive insurance taxation, and related issues before the United States District Court, United States Court of Appeals for the Tenth Circuit, and the United States Tax Court.
Mr. Benson's experience in arbitration and mediation encompasses serving as an arbitrator and as a mediator, representing clients in arbitration and mediation, and speaking at seminars on arbitration and mediation. He is a mediator and arbitrator for the American Arbitration Association.
OTHER AREAS OF PRACTICE
COMMERCIAL LITIGATION
Robert E. Benson has experience in all phases of commercial, construction, tax, antitrust, and patent litigation, having practiced with Holland & Hart since 1965. He has also handled commercial litigation in many other fields, including construction, tax, environmental, oil and gas, lender liability, business relations, and commercial lending. He represented clients regularly in arbitrations and mediations. His practice encompassed both state and federal trial and appellate courts.
CONSTRUCTION LAW
Robert E. Benson has been with Holland & Hart for over 40 years and was active in all phases of construction litigation and arbitration, including major construction disputes involving wrongful termination of contract; delay interference and extended performance; changed conditions; extra work; change order compensation; defective construction; negligent supervision; and defective design.
ALTERNATIVE DISPUTE RESOLUTION
Robert E. Benson serves as an arbitrator and a mediator and is a frequent speaker at seminars on alternative dispute resolution. Mr. Benson has served as an arbitrator and mediator for the American Arbitration Association as well as in other proceedings, serves on the Rocky Mountain Regional Advisory Council of the American Arbitration Association, and is a member of the AAA Large Complex Case Panel of Arbitrators. He is co-author of How to Prepare for, Take and Use a Deposition (6th Edition 1995) and "Drafting Arbitration Clauses for Construction Contracts,” and “The Power of Arbitrators and Courts to Order Discovery in Arbitration.”
Mr. Benson’s practice was before both state and federal trial and appellate courts, as well as state and federal administrative agencies.
PROFESSIONAL ACTIVITIES
Founding Chair, Colorado Bar Association Construction Law Forum
Member, Denver, Colorado, and American Bar Associations
Member, Rocky Mountain Advisory Council of the American Arbitration Association
Member, American Arbitration Association Panel of Arbitrators for Large Complex Cases and Panel of Mediators
Member, College of Commercial Arbitrators
PUBLICATIONS
Colorado Arbitration Law (2006 CLE in Colorado, Inc.)
Managing Editor, Colorado Construction Law (4th Ed. 2008, CLE in Colorado Inc.)
How to Prepare for, Take, and Use Depositions (5th Ed. 1995)
ARTICLES
“The Power of Arbitrators and Courts to Order Discover in Arbitration, Drafting Arbitration Clauses”
“Application of Pro Rata Liability, Comparative Negligence, and Contribution Statutes”
“Application of Comparative Negligence and Contribution Statues to Third Party Defendants”
EDUCATION
University of
Pennsylvania (LL.B., 1965)
University of Iowa
(B.A., 1962)
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