Tiffanie D. Stasiak

(303) 292-7801
Partner
(303) 297-7799 Fax
Tiffanie.Stasiak@KutakRock.com

Ms. Stasiak is the managing partner of Kutak Rock LLP's Denver office. She is a member of the firm’s National Construction practice group and a member of the firm's Executive Committee. She focuses her practice on complex commercial and construction litigation. She represents owners, tax credit investors and lenders, engineering, procurement, construction and maintenance (EPCM) companies, manufacturers, developers, general contractors and subcontractors in business disputes and legal actions. With Ms. Stasiak’s extensive trial experience, she advises clients regarding general legal and business matters and retains and manages consultants and expert witnesses. All of her practice is devoted to litigation and risk management. Her areas of expertise include:

Construction Litigation. Ms. Stasiak serves as Rocky Mountain regional counsel for several national corporations and EPCM companies handling public and private projects, regulatory matters, negotiations, threatened legal actions and serving as trial counsel. Prior to entering private practice, she worked as a contractor for the U.S. Department of Justice on environmental enforcement matters under CERCLA and the Clean Water and Clean Air acts. She also represented the interests of the Department of the Air Force in construction disputes. Ms. Stasiak handles arbitrations and practices in state and federal courts across the United States. Her construction practice focuses on:

  • Representing entities engaged in public-private partnership (P3) projects including concessionaires and other parties engaged in the engineering, procurement, design, construction, supply, operation and maintenance of infrastructure projects.
  • Representing tax credit investors and lenders in risk assessment, construction and surety disputes.
    Representing commercial contractors and owners in design and construction disputes.
  • Handling industrial water and wastewater treatment design and construction claims.
  • Handling renewable energy design and construction negotiations and disputes.
  • Representing owners and contractors in large residential construction disputes.
  • Resolution of delay and disruption disputes.
  • Resolution of payment disputes, including mechanic’s liens and Miller Act claims.
    Representing parties in real estate transaction disputes.
  • Handling insurance and subrogation matters, including surety claims.
  • Participating in construction contract risk assessment review and negotiation.

Representative Matters
Ms. Stasiak currently represents:

  • A tax credit syndicator and several lenders in troubled projects in several states.
  • A concessionaire involved in a 36-mile commuter rail network. Her client has partnered with a public transit provider in Denver, Colorado to build, operate and maintain the system.
  • A specialty contractor involved in the construction of a $1 billion hospital facility in Colorado.
  • One of the world’s largest manufacturers of brand-name home improvement and new home construction projects in product and construction defect actions.
  • Specialty contractors involved in construction of luxury hotels and resorts around the country.
  • Owners with issues relating to the construction of nursing, rehabilitation and assisted-living facilities.
  • Investors and lenders in the construction of apartment complexes generating tax credits.
  • Owners and developers in the construction of multifamily homes.
  • Owners with issues related to the design and construction of renewable energy facilities and waste water treatment facilities.
  • Sureties in actions involving principal default on construction projects.
  • Parties in disputes involving inter-governmental agreements.

Complex Commercial Litigation. Ms. Stasiak serves as lead trial counsel for several public and private companies in various industries including banking, finance, technology, telecommunications, energy, health care and real estate development in a broad range of disputes including:

  • Breach of contract actions
  • Class actions
  • Arbitrations
  • Business dissolution
  • Interference with business relationships
  • Non-compete issues
  • Breaches of fiduciary duty
  • Franchise issues
  • Partnership disputes

Recent Matters
Ms. Stasiak recently secured:

  • A defense verdict for a multinational communications company in a two-week federal jury trial in which the Plaintiff sought $193 million in alleged damages in a breach of contract action.
  • A breach of contract action on behalf of a home owners association, resulting in over $3 million of repairs and payments to her client.
  • A defense verdict in a $4 million breach of contract arbitration against a specialty contractor involved in the construction of a multifamily residential complex.
  • A breach of contract action for a metropolitan district who co-owned a waste water treatment facility with another metropolitan district. The settlement resulted in Ms. Stasiak’s client obtaining full ownership of the facility. Total damages claimed were $50 million.
  • A $10 million recovery for her client in an arbitration involving defects in the design, performance and construction of an alternative energy facility.

Ms Stasiak also:

  • Represented a surety in a 7-week bench trial involving the construction of a luxury ski resort.
  • Prevailed in her representation at arbitration of a developer seeking payments from follow-on developers pursuant to a Development Reimbursement Agreement.