Civil & Commercial Litigation

Any dispute that is not a criminal matter is considered civil litigation. This is a broad area including, but not limited to, any business, contract, real estate, property, water, negligence, personal injury, medical malpractice or other non-criminal dispute.

The litigation process can be a long and difficult affair and requires knowledge and experience in appearing before tribunals and mastering the rules of evidence and civil procedure. Although an individual may always represent themselves in Court, unfortunately, the process can be too time consuming and complicated for the uninitiated.

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Mathis, Martin & Kidnay is committed to resolving disputes, whether through negotiation or litigation, in an effective and efficient manner for the benefit of their clients. Our firm possesses the necessary experience and knowledge with the local courts to help our clients through all facets of the dispute resolution process.

For inquiries regarding this, or other areas of practice, please contact us and we will respond to you within 24 hours.

Helpful Resources

The below listed links are specific to Civil & Commercial Litigation and may provide useful information.

Civil Protection Orders

Commercial Law & Contract Negotiation

Mathis, Martin & Kidnay offers representation through a real estate attorney in commercial law and contract negotiation throughout Montrose and Western Colorado. Commercial law, also known as business law or corporate law, is the field of law that applies to individuals and organizations engaged in commerce. Contract negotiation involves reaching an agreement about a contract matter, changing the terms of a contract, voiding a contract and reaching a settlement in the event that a contract is not completed.

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You could use the services of a commercial law or real estate attorney if you are facing or thinking of initiating a civil case involving sales, contracts, corporate restructuring, financing, security interests or collections. Mathis, Martin & Kidnay also handles:

  • Complex commercial transactions
  • Promissory notes
  • Security agreements
  • UCC filings
  • Repossession
  • Foreclosures
  • Leases
  • Licenses, including software licenses
  • Contractor and subcontractor agreements
  • Employment agreements
  • Corporate and partnership agreements

A commercial law attorney can help you determine the best course of action in the case of a business dispute, whether that means arbitration, mediation, settlement or a civil trial. You can also consult a commercial law attorney when you are considering representing yourself to find out how to complete paperwork and determine the amount of time that the case will involve. A commercial law attorney is able to assist you if you are considering partnering with a contractor, another company or a nonprofit organization for an endeavor. This can help you understand the extent of your financial and legal liability.

Mathis, Martin & Kidnay's commercial law attorneys are a good resource if you are facing a setback that could impair your ability to fulfill your contract obligations. We can work with opposing counsel to minimize your damages. You should also talk to our commercial law attorneys if you are concerned that you may not be able to open or close a facility on schedule. We can work with your lender and landlord to assist you in negotiating the terms of lease or purchase contract, including the closing, entry or departure date.

Since our firm is based in Western Colorado, we are well-informed about many of the key businesses in this part of the state, where the economy is based on military operations, the aerospace and electronics industries, and tourism. Our commercial law attorneys are skilled at matters involving technology and service jobs. We know how to negotiate with local labor unions. We are also well-versed in employment eligibility procedures, youth law, wage and hour laws, and workplace conditions laws.

Construction Law

Construction law is concerned with legal issues involving building construction, engineering, contractor work, and construction-related employment matters. Our construction law and real estate attorneys in Montrose, Colorado are experienced in representing clients in civil suits and negotiations involving contracts, commercial law, planning, employment law and torts. Construction law is often intertwined with real property law, and we can also effectively represent you in matters involving contracts for the purchase or lease of real property.

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Our construction law attorneys here in Montrose can ably represent you in legal disputes that involve:

  • Construction defects
  • Real estate non-disclosure and fraud
  • Environmental liabilities
  • Construction insurance
  • Bond claims
  • Breach of contract
  • Personal injury and premises liability
  • State and federal government construction contracts
  • Contractor, construction or mechanic's lien claims
  • Issues concerning subcontractors and material-men
  • Arbitration and mediation
  • Contract clauses managing, allocating and transferring construction project risks

You can use the services of a construction law attorney if your contractor or subcontractor is not performing a job on time; if you are facing unexpected difficulties, delays or expenses in meeting your contract obligations; when there has been an accident on a job-site or in incidents of environmental contamination related to construction.

A construction law attorney can also help you prepare paperwork for an administrative deadline or a civil lawsuit, represent you in a contract negotiation or a civil hearing, or advise you on how to effectively prepare for testifying in a civil case involving building and construction. If you have been joined as a party in a construction-related lawsuit, you should consult your own attorney to determine the extent of your potential damages and liability. You should not rely on another party's attorney to guard your interests.

Our construction law attorneys at Mathis, Martin & Kidnay are familiar with the major industries in Western Colorado. We understand the importance of timeliness in tourism-related and tech-related operations. Our goal is to help you resolve any concerns that could pose a risk or setback to your business running smoothly. We understand that your goal is to maintain good relationships with your partners, including your contractors and subcontractors. We will work with you to ensure the best possible outcome for your concern.