Specializes in resolving multiparty disputes arising from construction, real estate, insurance and other complex business transactions between companies ranging in size from family-owned to publicly traded.
Experience
Over 25 years serving as sole arbitrator, panel member and chairperson + DRB panel member + mediator in more than 200 business disputes. Promotes ADR best practices learned while representing hundreds of clients in litigation, arbitration, public/private DRB, mediation and other customized dispute resolution proceedings, including state and federal court litigation and AAA arbitration proceedings arising from international construction projects and business transactions. Construction experience over 35-year legal career includes disputes between parties acting as public/private project owners and developers, design professionals, general contractors, EPC contractors, design-builders and specialty subcontractors involving delay, acceleration, lost productivity, cost overrun, design error, construction defect and supply chain disruption claims arising from infrastructure, industrial, renewable energy, institutional, commercial, and residential projects located across the United States and in numerous foreign countries. Real estate experience includes claims from development agreements, purchase agreements, promissory notes, deeds of trust, personal guarantees, appraisals, property management agreements, listing agreements, commercial leases, HUD audits, irrevocable family trusts, jointly owned property separation agreements, contested wills and probate, limited partnership agreements, private offerings, historic preservation tax incentives, surface and storage water rights, reservoir/ditch company agreements, and the Comprehensive Environmental Compensation Liability Act (CERCLA). Insurance experience includes disputes with London-based syndicates, domestic surplus lines, sureties, and home warranty companies involving claim handling/duty to defend obligations and coverage issues arising under commercial liability, product liability, excess liability, professional liability and builder’s risk insurance policies, and claims under reinsurance treaties, homeowner warranty agreements and performance, payment, bid and completion bonds. Uniquely qualified to resolve law firm - partner - shareholder business disputes based on decades of leadership and ownership roles in local, regional, and national firms. Served on management team for mid-sized litigation firm. Held leadership positions for rapidly growing construction law practice group in regional firm. Served as managing shareholder from 2011-2015 in Denver office of Polsinelli PC, an Am Law 100 firm, with rapid growth in number of attorneys, breadth of services, revenue, and facilities via successful nontraditional staffing, organic growth, lateral hires, mergers and acquisitions. Also provides proactive business counsel to law firm leaders and C-suite executives to implement successful business growth strategies.
Work History
President, Gene Commander, Inc., 2015 - Present; Shareholder, Polsinelli PC (formerly known as Polsinelli Shughart PC, 2009-2013, and Shughart Thomson & Kilroy PC, 2000-2009), 2000-2015; Member, Hall & Evans LLC, 1981-2000; Associate, Smith Petersen Beckman & Willson, 1977-1981.
License(s)
Admitted to the Bar: Colorado (1981), Iowa (1977); U.S. District Court: District of Colorado (1981); U.S. Court of Appeals, Tenth Circuit (1981).
Education
University of Iowa (JD, with distinction-1977) Iowa State University (BA, Architecture-1975)
Publications
Has written articles for construction and legal industry publications over the years, including Engineering News-Record; Colorado Construction; Colorado Real Estate Journal; Colorado Lawyer; Law Week Colorado; Attorney at Work and GeneCommanderInc.com/Blog.
Awards
Recognized in 2019 by Best Lawyers® as Denver’s Lawyer of the Year in the field of arbitration. Also recognized by Best Lawyers in 2016 as Denver’s Lawyer of the Year in the field of construction. Received Engineering-News Record’s ENRMountain States 2015 Legacy Award.
Associations
College of Commercial Arbitrators (Fellow and Committee Co-Chair, Associates Mentorship Program); Dispute Resolution Board Foundation; Associated General Contractors of Colorado; Construction Education Foundation of Colorado (Board of Directors); American and Colorado Bar Associations.
