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David E. Kay


David focuses his practice on complex commercial, construction, and other civil litigation.

David is a member of Kutak Rock’s National Construction practice group. He successfully represents clients in trials, arbitrations, and appeals in both state and federal courts in a variety of areas. He represents national corporations, tax credit investors and lenders, businesses, property owners, commercial and residential contractors, and subcontractors in construction defect, design disputes, and other property litigation. 

In addition to an extensive construction litigation practice, David also represents plaintiffs, defendants, and businesses in personal injury, bodily injury, bad faith, subrogation, and premises liability claims. 

Construction Litigation
  • Represents and favorably resolves all residential and commercial construction defect litigation matters for an international construction company’s subcontractor subsidiaries in Colorado.
  • Represents and favorably resolves all construction defect, design, and other litigation matters for a Colorado commercial roofing company.
  • Secured summary judgment of claims resulting from construction defects for an international construction company that was successfully affirmed on appeal.
  • Secured a $3 million settlement for the owner of a low income housing tax credit property with significant construction and design defects.
  • Represented a tax credit syndicator and lender of a low income housing project in resolving construction defect repair disputes with contractor.
  • Represented a Hospital in prosecuting commercial design defects claims against design professionals.   
Other Civil Litigation
  • Secured a defense verdict at trial for a Colorado plumbing company against an Insurance Company’s subrogation claims.
  • Represented a national real estate investment firm resolving premises liability claims at its Colorado properties.
  • Secured summary judgment of personal injury claims against a Colorado Commercial Roofing Company that was affirmed on appeal.
  • Represents an Insurance Company against bad faith claims in Colorado.    

  • The Best Lawyers in America®, Litigation – Construction, 2023-2024 
  • Super Lawyers® Rising Star, 2011, 2013-2018