decallan@comcast.net

Dennis E. Callan, J.D.

Dennis Callan founded Counsel Mediation, LLC in 2001 after nearly twenty-five years as the senior partner in a law firm focusing on real estate, construction, and business matters. His direct, realistic, and sensitive approach has proven highly successful for people seeking an alternative to the economic and personal stress of litigation. As detailed in the Resume section, Dennis has excellent academic and legal credentials that are complimented by a real life, sensible approach to dispute resolution. His on-the-job experience in the construction industry evolved into a broad spectrum of commercial endeavors. As a result, he has been a principal and an advisor in multiple complex business, real estate, and construction transactions. These areas remain an emphasis for his mediation, arbitration and special master services. Dennis is well known for his solid credibility, incisive perspective, and practical approach to problem solving. In addition to his mediation and arbitration services, his legal expertise and business background have led to many court appointments as a Special Master in various complicated and contentious lawsuits. Click on Special Master. Contact Dennis when you require a very capable, reasonable, and absolutely dedicated alternative dispute resolution expert.

Case List

 

Special Master Cases

 
Case: Ferris v. Poplarhouse, et al, 2002cv265, District Court, Summit County, Colorado
Judge: Chief Judge, 5th Judicial District, Honorable Terry Ruckriegle.
501 N. Park Ave, P.O. Box 269, Breckenridge, CO 80424
970.453.2241
Dates of service: 2/2004 --- 11/2005
Case Synopsis: Multi-party, construction defect case involving mold. Plaintiff also alleged personal injury as result of exposure to mold. During pendency, the primary Plaintiff died and the case continued as a construction defect resulting in a wrongful death. There were multi-million dollar damages alleged involving developer, architects, builder, subcontractors and their insurance carriers.
As Special Master, my duties were to handle all pre-trial discovery, including rulings on all pre-trial, non-dispositive, pleadings. This involved protective orders, sanctions, Rule 16 and 26 disclosure issues, motions to compel, motions re privacy of non-party medical records (including Arizona law). It was necessary to create supplemental deposition rules and attend certain depositions. This was an extremely contentious case. The case settled prior to trial.
The Parties were permitted to request a review of all decisions of the Special Master, but none were appealed to the Court.

 

 
Case: Johnson v. Landmark, 2001cv313, District Court, Eagle County, Colorado
Judge: District Judge, Honorable Thomas Moorhead
Eagle County Justice Center, P.O. Box 597, Eagle County, Colorado 81631
970.328.6373
Dates of Service: 3/2004 --- 11/2004
Case Synopsis: Business dispute involving interference with contractual relations and other claims between former employees and employer.
As Special Master, my duties concerned all pending discovery, ruling on numerous unresolved motions, sanctions, protective orders, vigorously disputed discovery deadlines, scope of discovery, and numerous procedural matters.
All decisions were permitted review but none were appealed to the Court.

 

 
Case: Points of Colorado v. Ace Insulations, et al, 2002cv383, District Court, Eagle County, Colorado
Judge: District Judge, Honorable Thomas Moorhead
Eagle County Justice Center, P.O. Box 597, Eagle County, Colorado 81631
970.328.6373
Dates of Service: 4/2004 --- 11/2004
Case Synopsis: Mechanics’ Lien and construction defect. A multi-party, multi-million dollar case that was settled by arbitration and required minimal involvement by me as Special Master.

 

 
Case: Daly v. Daly, 2002DR2233, District Court, Jefferson County, Colorado
Judge: District Judge, Division 11, Honorable Steven M. Munsinger
100 Jefferson County Parkway, Golden CO 80401
303.271.6460
Date: 12/2004 -– 5/2005
Case Synopsis: As Special Master, I was appointed to oversee the completion of discovery related to the disputed valuation of a business. Under my supervision, a non-compliant Party produced significant undisclosed documentation. The resulting Special Master Report was then utilized by the Court to determine the business valuation that was incorporated into the Court’s Final Order.

 

 
Case: Richmond American Homes v. Steel Floors, et al. Consolidated case 2004cv803, Jefferson County, Colorado
Judge: District Judge, Div. 11, Honorable Steven M. Munsinger
100 Jefferson County Parkway, Golden CO 80401
303.271.6460
Date of Service: 11/2007 --- 3/2009
Case Synopsis: A consolidated complex construction defect case involving mold and water damage claims in over 3,300 single family homes constructed over many years. Each home was considered a separate claim. Rule 26 disclosures alone revealed an estimated one to two million paper documents and photos. Developer Plaintiff claimed more than $20,000,000 in damages from twenty-three Defendant subcontractors. Most parties had multiple insurance carriers with various “times on the risk”.
As Special Master my primary duties were to implement methods of expediting discovery. Under my supervision, documents and photos were imaged and a web-based (Lexis) database was created and interfaced with Xcel spreadsheets allowing for detailed and specific searches of all documents. Developing a cost-sharing plan was my responsibility along with numerous Orders and Directives. All parties settled pre-trial.

 

 
Case: [Suppressed Case] District Court, Jefferson County, Colorado
Judge: District Judge, Division 8, Honorable Margie L. Enquist
Date of Service: 1/2010 --- current
Case Synopsis: Suppressed, multi-party. General issues: Commercial entity dissolution. I am the discovery Special Master. The case involves allegations of fraud, usurpation corporate opportunity, out of state deponents, privileges, protective orders, and large volume electronic discovery.

 
 

CONDEMNATION

 
Case: Summit School District RE-1 and Town of Breckenridge v. Breckenridge Development Foundation
Judge: Chief Judge, 5th Judicial District, Honorable Terry Ruckriegle
Date: 1999-2002.
Case Synopsis: A dispute involving the valuation of a 66-acre parcel immediately adjoining the Town of Breckenridge. The property had been zoned under the Town’s “flexible zoning” ordinances for an airport and adjoining commercial development. The valuation experts retained by the opposing parties differed in their opinions by approximately $10,000,000.
I was selected by all parties to chair the valuation proceedings. The property had been condemned, in phases, by two condemnors, the Town of Breckenridge and the Summit County School District, each of which then divided the property for various uses. Several multiple-day hearings and Rulings, including a determination of the “probability of rezoning”, and the “ascertainment of value”, were required over a two-year period. As Chair, I presided over the hearings and drafted all Rulings and the Final Valuation Report that was adopted, without modification, by the Court.
Upon appeal, the Colorado Court of Appeals unanimously affirmed the judgment without an opinion. 2002 Colo. App. LEXIS 1297. The Colorado Supreme Court, en banc, denied cert. 2002 Colo. LEXIS 1209.

 
 

FACILITATION

 
Retained by Keystone Real Estate (Intrawest) to facilitate meetings between developer (Keystone/ Vail Resorts) and numerous interested parties (Homeowners’ Associations) and Summit County Planning Department. November/ December 2002.

 

 
Numerous Homeowner Associations have retained my services over the years to act as a facilitator for Homeowner and Board meetings.

 

 
 

MEDIATION AND ARBITRATION

 
As a private ADR service provider, I am the managing member of Counsel Mediation, LLC established in 2001. Counsel Mediation, LLC was started after my retirement from nearly twenty-five years as senior partner of a law firm in Breckenridge, Colorado specializing in real estate and construction cases. My mediation and arbitration practice has continued primarily in the areas of real estate, construction, and commercial matters. For further information regarding these services, see www.counselmediation.com