Nick R. Herrick

Nick Herrick is a Denver-based attorney who advises owners, developers, and general contractors throughout the lifecycle of construction and real estate development projects. His practice combines front-end project counseling with dispute resolution and litigation, allowing him to help clients allocate risk at the outset, address problems during construction, and resolve claims at closeout or after completion.

Nick understands that successful construction counsel must consider more than the immediate legal dispute. He works to protect his clients’ contractual and financial positions while preserving project momentum, important business relationships, and practical paths to completion.

Construction Projects and Risk Management

Nick counsels clients during project planning, contracting, and construction. He assists with project delivery and procurement strategy, risk allocation, insurance and bonding requirements, and the negotiation of AIA and customized owner-contractor agreements, subcontracts, consultant agreements, and related project documents.

During construction, Nick advises clients regarding project performance, design coordination, change order management, cost and schedule impacts, delay and acceleration, payment withholding, defaults, and interactions with design professionals, lenders, insurers, sureties, and public authorities. His practical understanding of project operations allows him to identify developing risks and pursue solutions before they interrupt construction or become formal disputes.

Construction Disputes

When disputes arise, Nick represents clients in negotiation, mediation, arbitration, and trial. His matters involve contract interpretation and performance, scope disputes, change orders, cost overruns, delay and disruption, acceleration, payment and closeout, contractor defaults, construction and design defects, insurance coverage, performance and payment bonds, mechanic’s liens, and foreclosure.

Nick also handles construction-related real estate and development disputes involving project financing, lender priority, title, property conditions, and other issues affecting the ownership, development, and completion of a project.

Nick recognizes that litigation is sometimes necessary, but not always the best first response. He evaluates disputes in the context of the client’s project and business objectives, working to achieve an efficient resolution when possible and prepared to take the matter through trial when required.