Michael P. Cross
Mike Cross is in the business of getting his clients paid. Mike represents construction contractors, subcontractors and related businesses. His practice focuses on construction contract litigation, business litigation, insurance bad faith, and personal injury litigation. Whether it is a construction dispute, a breach of contract claim, or an insurance coverage dispute, Mike works with his client to create an aggressive litigation strategy based on the client’s specific needs. Mike understands the effect litigation can have on a small business. Thus, while Mike zealously advocates for his clients, he is always cognizant of the bottom line.
Mike has been recognized as a Rising Star® in Colorado for construction litigation and represents subcontractors, general contractors, and developers. Mike’s representation of his construction clients extends to all phases of a project including contract review and negotiation, payment disputes, scope of work disputes, delay and acceleration claims and construction defect claims. He employs the arsenal of remedies available through Colorado law to consistently deliver results for his clients, including mechanic’s liens, bond claims, contract claims, statutory remedies, and pursuit through bankruptcy if necessary.
The following are several examples of how Mike has effectively represented his clients:
- After a framing contractor’s mechanic’s lien was declared invalid by the court, Mike was able to obtain a verdict on behalf of the contractor against the developer of the project through an unjust enrichment cause of action. Ross Construction v. Quality Hill Townhomes, LLC, Denver District Court No. 2009cv1087.
- When a project owner improperly diverted construction proceeds, Mike pursued a claim for breach of the Contractor’s Trust Fund Statute on behalf of a contractor and obtained a judgment for three times the amount of the original claim and attorney fees.
- When a general contractor failed to provide payment to subcontractors and suppliers and then went out of business, Mike represented the hotel developer through the negotiation of numerous complicated lien claims filed against the property.
- When defending a business entity against allegations of theft of trade secrets, Mike ended a five-day trial early by successfully arguing a motion to dismiss all claims on the morning of the first day of trial.
- When an insurance company refused to provide coverage for damages caused by a frozen water pipe, Mike obtained a settlement for the homeowners in an amount representing approximately three times the benefits originally requested by demonstrating the insurer’s exposure to statutory penalties and attorney fees as a result of its bad faith denial of the claim.
Mike attended Purdue University where he majored in Business Management and minored in Finance and Management Information Systems. After college, Mike attended Indiana University School of Law – Indianapolis, receiving his Juris Doctor degree in 2006. Because he always wanted to live in Colorado, Mike transferred to The University of Denver School of Law for his final semester of law school and he has made his home in Colorado since. Mike began his career practicing class action and insurance bad faith litigation in Colorado Springs. He joined the firm of Ogborn Summerlin & Ogborn, LLC in 2009 and, he joined Ogborn Mihm, LLP at its founding in 2012.
Mike is an active member of the American Subcontractors Association and the Associated General Contractors of America, where he contributes through various leadership positions and as a teacher of a contact study class while remaining apprised of the issues facing the Colorado construction industry. Mike is also an active member of the Colorado Trial Lawyers Association, an organization committed to the protection and advancement of individual rights.
Mike is an avid skier, mountaineer, and golfer.
Areas of Practice:
- Construction Litigation
- Business Litigation
- Insurance Company Bad Faith
- Personal Injury Litigation
- Indiana University School of Law – Indianapolis, J.D. 2006
- Purdue University, B.S., Business Management
- U.S. District Court for the District of Colorado