Bar Admissions
    • Colorado
    • U.S. Court of Appeals, Federal Circuit
    • U.S. Claims Court
    • U.S. District Court, District of Colorado
    • U.S. Court of Appeals, Tenth Circuit
    • J.D., University of Denver College of Law
    • B.A., University of Colorado

    After a forty-year career litigating and arbitrating construction cases, Dan Gross now focuses his practice on alternative dispute resolution. He also serves in a senior advisor role with Woods Aitken, advising clients and regularly assisting the firm’s construction and litigation groups.

    As a practitioner, Dan tried or arbitrated more than 85 cases covering the gamut of public and private construction—building, commercial, industrial, heavy/highway, specialty, large residential, UCC—while representing owners, general contractors, subcontractors, suppliers, and design professionals. He often dealt with complex design, construction, and materials issues. Examples of the subjects of his cases include hydro facilities, pipelines, bridges, roadways, water and wastewater treatment plants, sports facilities, airports and other transit facilities, industrial plants, conventional and alternative energy generation (PV, wind, concentrated solar), hospitals, prisons, hotels, commercial and residential buildings, hazardous waste remediation, and power transmission. He has dealt with the full range of construction disputes, including terminations, schedule-related issues, defective specifications, scope and quantity disputes, and design defects (including insurance issues). He is knowledgeable about most types of project delivery methods, including P3, design-build, job order, and EPC.

    Dan was an important member of the Woods Aitken team that recently obtained a successful resolution of a client’s dispute on a mega-P3/design-build transportation project.

    Dan has been on the American Arbitration Association’s (AAA) National Construction Arbitrator Panel for more than 25 years. He has had more than 100 appointments in 12 states, many with seven- and eight-figure amounts in dispute. He has taken more than 35 arbitrations through award, often as a sole arbitrator. His breadth of arbitrator experience mirrors his litigation, including cases involving heavy and highway construction, solar projects, multi-family and custom homes, government contracts, service contracts, hazardous waste remediation, and numerous types of specialty contracting such as roofing, coatings, and tanks.

    Dan is also a AAA-trained mediator. As he winds down his litigation practice, he has become active as a construction mediator.

    • American Arbitration Association, National Construction Arbitrator Panel
    • ABA Forum on Construction Law
    • Colorado Bar Association
    • Denver Bar Association
    • The Best Lawyers in America®, Construction Law, Litigation-Construction, 2018-2024
    • Colorado Super Lawyers, Construction Litigation, 2023-2024
    • “Top Lawyer” for Construction Law by 5280, Denver’s Mile High Magazine

    Published Cases

    • Obermeyer Hydro Accessories, Inc. v. CSI Calendering, Inc., 852 F.3d 1008 (10th Cir. 2017)
    • New Design Constr. Co., Inc. v. Hamon Contractors, Inc., 215 P.3d 1172 (Colo.App. 2008)
    • Tricon Kent Co. v. Lafarge North America, Inc., 186 P.3d 155 (Colo.App. 2008)