Hubert A. Farbes, Jr.

For forty years, Hubert has handled the Front Range’s most complicated infrastructure issues and disputes, and it would be hard to name a large infrastructure project in the region where Hubert did not play a role. He draws on his lengthy experience to provide shrewd counsel to clients on construction, regulatory, and natural resource regulatory matters that are pre-suit and in litigation, so that clients can focus on what is paramount—seeing their projects through to timely completion.

Hubert understands not only the legal issues but also the administrative and practical obstacles in dealing with local, regional, and state governments. He develops solutions through comprehensive contracting, permitting, and compliance strategies to obtain consistent contractor/subcontractor performance and rigorous pursuit of timely completion.

Hubert works on some of the nation’s most sophisticated development and land use topics—public-private partnership developments, resolution of environmental impediments to redevelopment, and commercial construction defects dispute resolution. Hubert is one of the few attorneys to secure a FUDS (Formerly Used Defense Site) cost recovery judgment against the United States in the U.S. Court of Federal Claims. Having litigated more than 100 cases, he has unparalleled civil trial experience in multiple state courts, U.S. District Courts, and the Court of Federal Claims.

• Represented construction contractors for Colorado’s $1.8 billion T-REX highway and light rail expansion project.
• Represented construction contractors in the (near-completion) $1.1 billion Central 70 Project for expansion and reconstruction of I-70 through Central and East Denver.
• Represented construction contractors for the state’s $845 million E-470 Public Highway Project.
• Represented construction contractors for Colorado’s $425 million Northwest Parkway Public Highway Project.
• Represented the Port and City of Long Beach, CA, in DBFOM procurement proposals (zero-emissions container movement system for the Long Beach Civic Center).

• Arbitrated construction design dispute and recovered in excess of $1.1M for a large real estate development group in Denver. A defective boiler system design in a luxury apartment complex forced the client to incur revenue losses caused by extensive remedial work. Client was awarded damages for all categories of its claims—out-of-pocket costs, concessions expenditures, and, as the prevailing party, attorneys’ fees.
• Established Colorado precedent on master developer liability. In ruling that the developer-client, which sold vacant lots to home builders, was not in privity of contract with the home buyer and therefore could not be held responsible for issues with the basement, the Colorado Supreme Court delivered the client a significant victory. Forest City Stapleton Inc. v. Rogers, 2017 CO 23, 393 P.3d 487.
• On behalf of Serratoga Falls LLC and related entities, responded to claims of water ditch users objecting to, and seeking to preclude, development over and around a ditch alignment, and presented a request for Court approval to underground the ditch and proceed with development. After a seven-day bench trial, the trial court dismissed all of Plaintiff’s seventeen claims, approved the proposed plan for undergrounding the ditch, and awarded clients’ attorneys’ fees and costs against Plaintiffs and their attorney. Glover v. Res. Land Holdings LLC, et al. (Weld County 2018CW3166),
• Established Colorado precedent that attorneys’ fees could be awarded not only against the opposing party, but also the lawyer for the opposing party. Glover v. Serratoga Falls LLC, 2021 CO 77, ¶¶ 54-64 & 69-75, 498 P.3d 1106, 1119-22 (holding no abuse of discretion by water court in awarding attorneys’ fees in favor of Serratoga Falls LLC and against Plaintiffs and their attorney, and holding that Serratoga Falls LLC was entitled to an award of appellate attorneys’ fees against Plaintiffs and their attorney).
• Counsel to a global energy company in a dispute with the City & County of Denver over modifications to array infrastructure in distributed solar energy systems installed on City-owned buildings. His representation, advice, and negotiations resolved client’s disputes over contractual compensation for temporary array relocations under an existing PPA.

• Represented private property owners in successful cost recovery claims against the U.S. Dept. of Defense for remediation of contamination conditions of Formerly Used Defense Sites (FUDS) in the U.S. District Courts and the U.S. Court of Federal Claims.
• Represented Mockingbird Orlando, LLC in state regulatory approvals and federal cost recovery proceedings related to its development of 1570 acres within a FUDS location in central Florida. Secured approval of Mockingbird’s Voluntary Completion Order (ordnance remediation) proposal—the first such regulatory authorization by the Florida Dept. of Environmental Protection. Subsequently, filed and negotiated settlement of Mockingbird’s CERCLA cost recovery claims against the U.S., from which client has recovered nearly $45 million.