|J.D., 1972, Yale Law School|
|B.A., 1969, with honors, Grinnell College|
|U.S. District Court, District of Colorado|
|Supreme Court of Colorado|
|U.S. Supreme Court|
|U.S. Court of Federal Claims|
|U.S. Court of Appeals, Tenth Circuit|
|U.S. Court of Appeals, Federal Circuit|
|U.S. Court of Military Appeals|
|Boards of Contract Appeals for the United States Military Services and Departments of Interior and Energy|
Best Lawyers in America, 2013
Chambers USA, America's Leading Business Lawyers, General Commercial Litigation in Colorado, 2008-2012
Colorado Super Lawyers, 2009
Co-Chair of Mayor John Hickenlooper's Infrastructure Priorities Task Force Executive Committee, 2006-2007
Co-chair of the Design and Construction Committee, Denver’s Justice Center Task Force, 2004
Co-chair of Mayor Hickenlooper’s Transition Team for Denver’s Public Works Department, 2003
Governor Bill Ritter's Business Advisory Council, 2007
Governor Elect Bill Ritter's Transition Team, Colorado Department of Natural Resources
American Bar Association
Colorado Bar Association
Denver Bar Association
National Association of Bar Presidents
Sam Cary Bar Association
An experienced attorney, Hubert's work focuses on construction law, regulatory law, public utility law and natural resource law. Hubert also serves as Chairman of the firm's Pro Bono Committee.
Hubert has represented a wide variety of clients, including design and engineering companies; commercial developers; manufacturing and agricultural companies; regulated utilities; lenders and insurers; air, water and land regulatory agencies; local, regional and state governments; individual landowners; and public interest groups. He has represented construction contractors for Colorado's $1.7 billion T-REX highway and light rail expansion project, as well as for the state’s $845 million E-470 Public Highway Project. He has counseled on contract formation, worked in design and construction claims and disputes, and litigated cases related to the Denver International Airport Terminal and Concourse C Project, Colorado’s Jefferson County Government Center Project, the Black Hawk Casino by Hyatt Project, the Denver Convention Center Hotel Project, and the Ray Nixon Power Plant (Colorado Springs, CO).
Hubert's broad range of civil trial experience includes more than one hundred litigated matters. He has argued cases in the state courts of Colorado, Wyoming, New Mexico, Texas and California and in the Federal District Courts of Colorado, Kansas, New Mexico, Nevada, California and the District of Columbia.
Hubert's Recent engagements in the construction and engineering litigation/dispute resolution arena include: providing ongoing contract formation and construction dispute advice to Southeast Corridor Constructors, the construction contractor for Colorado's $1.7 billion T-REX project, the largest public works project in the region’s history; representing the Ports of Long Beach, CA in procurement proposals for a zero-emissions container movement system; representing Washington Group International in contract formation, design and construction claims and disputes, and litigation matters related to the $845 million E-470 Public Highway Project; counsel to PCL Construction Services in contract formation, design and construction claims and disputes related to the Black Hawk Casino by Hyatt Project; construction disputes resolution for Faulkner, USA, design builder for the $240 million Denver Convention Center Hotel Project; and other projects in Colorado, New Mexico, Nebraska and Idaho. Hubert's advice as contract formation and construction claims counsel helped Del American proceed with the massive Vegas Grand Condominiums, the largest condominium development project in Nevada history; and he has represented Asphalt Specialties Company in resolution of tort and contract claims related to the catastrophic steel girder failure at the C-470 Expansion project.
Hubert also has considerable experience handling litigation and dispute resolution in natural resource, regulatory and water rights matters. He has recently served as lead counsel for a consortium of homebuilders in precedent-setting cost recovery claims against the Department of Defense [U.S. Air Force] regarding asbestos in soils at the former Lowry Air Force Base; and he successfully represented Lennar Homes in cost recovery claims against the Department of Defense [U.S. Army and Army Corps of Engineers] regarding remediation of unexploded ordnance at the former Lowry Bombing and Gunnery Range. He continues to represent real estate developers and management agencies in cost recovery claims respecting formerly used defense sites. Hubert previously represented consortiums of utility groups (including Xcel Energy) in defense of challenges to both operating permits and plant compliance under the Clean Air Act and Clean Water Act, and in defense of challenges to permit approvals for wind power plants in Wyoming and Colorado. Hubert provides counsel to developer, financier and operator interests in compliance proceedings and litigation under RCRA, CERCLA and the related regulatory statutes of Colorado, Montana, New Mexico, Oregon, Utah and Wyoming.
Prior to commencing his private practice, Hubert served as a Colorado Assistant Attorney General for three-and-one-half years.
|Counseled on the contract formation, design and construction claims and disputes related to Denver International Airport's terminal building and the Concourse C project. Brownstein also advised Bombardier on procurement for the train connector between the terminal and concourse buildings.|
|Represented the construction contractors on the $845 million E-470 Public Highway Project. The 12-year construction path of Denver’s E-470 highway involved multiple legal issues, however Brownstein's client, the design/build contractor, completed the project without a single litigation dispute.|
|Represented a European bidder responding to a Northwest Parkway Public Highway Authority Request for Proposal for a long-term concession agreement (a "P-3" structure) for management of this existing Denver-area tolled highway.|
|Represented the construction contractors on the $1.8 billion TREX highway and light rail expansion project along I-25 in Denver, the largest public works project in the history of the region. Brownstein's representation included contract negotiation, contract dispute resolution advice and adjudication, regulatory compliance advice, and regulatory compliance defense, both administrative proceedings and litigation, for the transportation project.|
|Development of a process and framework to select a zero emissions technology for subsequent preparation of a RFQ/RFP to implement an environmentally friendly system to move shipping containers from the ports’ docks to railroad distribution yards. Advised the ports concerning selection of procurement frameworks, public contracting, public relations, public records and confidential information.|
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