Andrew D. Peterson

Andrew Peterson is a founding member of Jachimiak Peterson Kummer, LLC. He focuses his practice on construction law, property damage and personal injury matters, including premises liability and motor vehicle accidents.

With respect to construction law, Andrew has defended builders, developers, engineers, contractors, subcontractors, manufacturers and material suppliers in complex construction defect cases around the state. He has represented all kinds of trades, including plumbers, framers, roofers, HVAC contractors, masonry contractors, painters, landscapers and others. Andrew’s construction law experience spans a broad spectrum of cases, including single family residential, multi-family residential and commercial projects. He handles cases in Colorado courts and arbitration proceedings.

Areas of Practice

• Appellate
• Business/Corporate
• Construction
• Employment / Civil Rights
• Homeowners Association
• Insurance Coverage / Bad Faith
• Personal Injury
• Professional Liability

Some achievements include:

• Summary judgment in favor of client general contractor against independent contractor’s personal injury claims based on workers’ compensation statute. Dismissal affirmed on appeal.
• Dismissal of premises liability lawsuit filed by patron of tenant’s bar on motion to dismiss on behalf of client commercial property owner. Recovered fees and costs against plaintiff.
• Summary judgment on behalf of client subcontractor against personal injury and construction defect claims filed by homeowner.
• Summary judgment in favor of client builder against construction defect claims by residential homeowners due to foreclosure and bankruptcy proceedings.
• Defense verdict in personal injury jury trial on behalf of client transit bus operator.
• Successfully quashed improper service of process on client subcontractor.
• Obtained dismissal of client restaurant at end of first day of trial in real estate transaction dispute.
• Summary judgment granted to client commercial property manager in subrogation action for property damage based on terms of contract. Recovered fees and costs against plaintiff.
• Dismissal of sub-subcontractor’s personal injury claims against client builder based on workers’ compensation statute. Dismissal affirmed on appeal.
• Summary judgment in favor of client preschool in response to claims of discrimination, harassment and retaliation by former employee.
• Summary judgment on claims filed by inmate against client corrections officer.
• Judgment on the pleadings granted in favor of client subcontractor against another subcontractor’s personal injury claims.
• Summary judgment on behalf of client commercial property manager in slip and fall premises liability lawsuit.
• Successfully quashed improper service of process on client former employee.

Andrew earned his law degree from the University of Iowa College of Law in 2001. While attending law school, he served as a Case Editor on the Moot Court Board and participated in the appellate advocacy program. Andrew received a Bachelor of Arts in Political Science with a Spanish minor in 1998 from Iowa State University. Andrew graduated with distinction and was inducted into Phi Beta Kappa and Cardinal Key, Iowa State’s highest honor society based on the four cardinal virtues of scholarship, leadership, service and character.

Andrew is a member of the American, Colorado and Denver Bar Associations. He is a member of the Construction Law Committee of the Colorado Defense Lawyers Association. Andrew is active in the community, in the past serving as Chair of the Governing Board of The Gathering Place, a Denver nonprofit dedicated to the plight of women and children experiencing homelessness and poverty.

Expertise

• Appellate Practice
• Commercial Litigation
• Construction Contracts
• Construction Defect
• Design Defect
• Civil Rights Litigation
• Employment Counseling
• Employment Litigation
• Homeowners Association
• Insurance Coverage
• Property Damage
• Subrogation
• Premises Liability
• Product Liability
• Motor Vehicle Accident
• Professional Malpractice

Presentations/Publications

The Jury Is Seated: Preferred Vendor Programs, National Institute of
     Restoration Executive Leadership Conference,
     Nashville, TN, April 2010
“What to Do When It’s Time to Say ‘Hit the Road, Jack,’” Restoration & 
      Remediation Magazine, March 11, 2008
“Protect Your Assets: Covenants Not to Compete and Nondisclosure 
     Agreements,” Restoration & Remediation
     Magazine, August 23, 2007
Covenants Not to Compete and Employment Issues in the Restoration 
     Business, National Institute of Restoration Executive Leadership 
     Conference, San Antonio, TX, May 2007

Published Opinions

D.R. Horton, Inc. v. Travelers Indem. Co. of Am., 860 F. Supp. 2d 1246 (D. Colo. 2012)
Snook v. Joyce Homes, Inc., 215 P.3d 1210 (Colo. App. 2009)
Butler v. Lembeck, 182 P.3d 1185 (Colo. App. 2007)
Continental Divide Ins. Co. v. Western Skies Management, Inc., 107 P.3d 1145 (Colo. App. 2004)

Professional Recognition

Professional Recognition

Professional Organizations

Colorado Defense Lawyers Association, Construction Law Committee
Denver Bar Association
Colorado Bar Association, Construction Law Section
American Bar Association

Civic Associations

The Gathering Place, Former Chair of the Governing Board
Grant Avenue Street Reach

Bar Admissions

Colorado

United States District Court, District of Colorado

United States Court of Appeals for the Tenth Circuit

Education

University of Iowa College of Law, Iowa City, Iowa
     J.D., 2001
     Moot Court Board, Case Editor

Iowa State University, Ames, Iowa
     B.A., Political Science, with distinction, 1998

Phi Beta Kappa
Cardinal Key Honor Society