Author Archives: Traci

Construction Law Attorney

Construction law is the area of practice pertaining to construction, engineering, infrastructure, and other areas of the construction trade and involves any legal issue related to the construction of a building or structure. The complexities of construction law cover a broad range of legal topics and require the legal expertise of an experienced attorney to facilitate negotiations, resolutions and/or arbitration, and litigation.

Ted Bendelow of Bendelow Law Office, LLC is a professional Construction Law Attorney providing legal services for construction companies, their employees, and individuals throughout Boulder and the surrounding areas. With over 40 years of legal experience, Mr. Bendelow has handled a wide range of construction law issues with proven success.

Construction is a diverse industry with a multitude of regulations that must be adhered to. That being said, it’s imperative that construction companies, construction workers, and individuals have access to legal representation when legal issues arise. From contract negotiations to claims, partnering with a Construction Law Attorney is the best way to ensure adequate representation when confronted with any legal matter.

The Bendelow Law Office construction law team provides comprehensive legal services for various construction related legal matters and issues, such as:

  • Contract Negotiations
  • Breach of Contract
  • Real Estate
  • Permits
  • Warranty Claims
  • OSHA Inspections
  • Preconstruction
  • Construction Defect Claims
  • Mechanics Liens
  • Foreclosures
  • Dispute Resolution
  • Resolutions and/or Arbitration
  • Litigation

From payment disputes to permitting issues, Ted Bendelow of Bendelow Law Office, LLC is a dedicated Construction Law Attorney providing experienced legal services with sustained results. Having served the construction industry for over 4 decades, Ted has the knowledge and expertise to provide trusted representation for his clients, regardless of the challenges they face. Whether a homeowner or developer, Mr. Bendelow will be a dedicated advocate.

If you need the professional services of an experienced Construction Law Attorney in Boulder, Longmont, or throughout Northern Colorado, contact the construction law team at Bendelow Law Office, LLC for a consultation today.

Irrigation Ditch Company Attorney

Irrigation ditch companies acquire water rights and develop storage methods for surface water so that irrigation and other water needs can be met. In short, ditch companies play an important role in creating and maintaining elaborate ditch systems that bring water from the mountains to supply our farmlands, cities, and towns throughout Colorado.

Irrigation ditch and water laws in Colorado can be quite complex, with irrigation ditch companies requiring the legal representation of an experienced attorney. Ted Bendelow of Bendelow Law Office is an Irrigation Ditch Company Attorney providing legal services for ditch companies throughout the Northern Colorado Front Range.

Ted Bendelow is a seasoned attorney with over 40 years in general practice. As an Irrigation Ditch Company Attorney, Ted fully understands the legal complexities of Colorado’s water rights and land use laws. His experience and legal services are valuable attributes for ditch companies seeking sound legal representation. Bendelow Law Office currently provides general legal counsel to some of the 150 irrigation ditch companies in Boulder County. Aside from his expertise in water rights and laws, Mr. Bendelow’s legal services for these ditch companies include:

Irrigation ditch companies are subject to a wide range of challenges in which legal representation is a necessity. Land use due to growth, municipalities requiring more water, government regulations, and other changes throughout the years have posed issues that warrant the need for an attorney who offers a multitude of legal skills and services for this specialized industry.

Bendelow Law Office has established the capability of providing a broad scope of legal services for irrigation ditch companies through attending specialized forums, trade organization membership, and general counsel. Our collection of skills pertaining to ditch companies and the challenges they may face at any given time have proven advantageous to the many ditch companies we have, or currently represent.

For irrigation ditch companies in Longmont, Boulder, or throughout the Colorado Front Range seeking the trusted representation of an Irrigation Ditch Company Attorney, contact Ted Bendelow at Bendelow Law Firm.

Special District Attorney Boulder

Special districts are public entities that are instrumental to the communities which they serve. Special districts face unique challenges and complex legal issues, demanding the need for appropriate legal advice and counsel. Whether contract negotiations or litigation, an experienced Special District Attorney will provide the legal resources and expertise for these specialized entities subject to complicated legal matters.

Ted Bendelow of Bendelow Law Office, LLC is a Special District Attorney providing experienced legal advice and counsel in Boulder and throughout Northern Colorado. With over 40 years of practice, Ted Bendelow has served as both general counsel and special counsel for municipalities, special districts, metropolitan districts, water and sanitation districts, intergovernmental agreements, and licensing authorities. Mr. Bendelow offers legal representation and solutions for a broad range of legal matters to include:

  • Contract Negotiations and Arbitrations
  • Land Acquisitions
  • Special District Formation
  • Water Rights
  • Federal and State Regulations Compliance
  • Employment Law
  • Public Finance
  • Litigation
  • Intergovernmental Services
  • Construction Law
  • District Elections
  • Special District Hearings, Petitions, and Records
  • Drafting/Enacting Legal Documents
  • Special District Regulations
  • Municipal Legislation
  • Boards and Commissions

Special districts are responsible for providing valuable resources and services for the citizens of Colorado. From sanitation and transportation, to fire protection and infrastructure, the importance of special districts to our communities cannot be overstated. Ted Bendelow recognizes the critical role that special districts play in our society and understands how legal issues and decisions made can impact the members of the community that these districts serve. His superior knowledge and expertise as a Special District Attorney have proven successful for municipalities and special districts throughout Northern Colorado.

Contact Ted Bendelow at Bendelow Law Office, LLC for special district legal advice and representation in Boulder, Denver, and throughout Northern Colorado. Mr. Bendelow provides comprehensive legal services you can trust.

Legal Services for the Web-Based Business

In the age of technology, business conducted via the internet has become the new norm.  Whether an existing business or new startup company, it can be challenging to understand the legal aspects and all that is required to ensure that the company and its customers are protected while conducting business on the world wide web.

For those seeking to start a new business via the internet, or for those who have an existing internet company, partnering with an experienced attorney who can provide adequate guidance and help navigate through the complexities of internet business and e-commerce can be most advantageous, and if you live in Boulder or the surrounding areas, Ted Bendelow at Bendelow Law Office, LLC is that attorney!

Ted Bendelow and the Intellectual Property Law team at Bendelow Law Office, LLC have provided over 40 years of legal expertise in Boulder and throughout Northern Colorado. As a seasoned business attorney, Ted Bendelow can provide the legal services and advice needed to make sure your internet company, whether new or ongoing, is sufficiently protected and implements the prerequisites required of a properly conducted web-based company.

Some of the services provided by the Intellectual Property team at Bendelow Law Office, LLC include:

  • Business Structure & Organization
  • Domain Name Registration
  • Domain Name Dispute Resolution
  • Electronic Contracts
  • Terms of Use & Privacy
  • End User License Agreements
  • Electronic Payment Provisions
  • Intellectual Property Protection
  • Trademark Registration
  • Trademark Cancellation
  • Trademark Litigation & Enforcement
  • Copyright Registration
  • Copyright Enforcement Services
  • Right of Publicity

Starting and maintaining a business, whether brick and mortar or web based, can be a rewarding, yet daunting responsibility. As technology evolves and laws and regulations change, retaining an experienced business lawyer who can provide sound advice and ongoing legal services is your best bet to ensuring that the formalities of the business are legally intact and necessary safeguards are met.

Ted Bendelow of Bendelow Law Office, LLC is a premier business attorney in Northern Colorado with a level of experience that goes unmatched. His relatable approach coupled with his extensive knowledge and demonstrated success makes Ted Bendelow the sensible choice for those seeking legal services. From business plans to commercial litigation, whether an individual or corporation, Bendelow Law Office, LLC can help.

If you live in Boulder, Longmont, Denver, or the surrounding communities and need the expertise of a skilled business attorney for your internet company or startup venture, contact the Intellectual Property team at Bendelow Law Office, LLC today.

Trademarks Colorado

What is a Trademark?

A trademark is used to identify products or services provided by an individual and can be in the form of a name, word, symbol, or slogan, or any combination thereof. Trademarks are adopted and used to distinguish a person’s product or service from similar products or services offered by others. Trademark law is intended to protect the consumer by minimizing confusion in the marketplace and is not a means to establish sole property rights.

Should I Trademark My Business Name?

In most cases, a business name is not eligible for trademark registration unless that business name is placed on the product/s being offered or used for advertising. For example, if the name of the business details the services offered or the product sold, a trademark registration would be recommended. Consulting with a business attorney who can provide the necessary guidance on how to protect your business is strongly advised.

Do I Need to Register My Trademark in Colorado?

If you are the first to use a mark for your business in Colorado, the trademark rights automatically apply and become ‘common law’. Keep in mind, this right will only pertain to your specific area, so it is highly recommended that you register your mark, especially if your products or services extend beyond your geographical area, i.e. you offer your services or products outside of Colorado or via the internet, in which case federal registration would apply.

Trademarks:  State vs. Federal

State registration of trademarks grants rights within the state the trademark is registered only. Every state is different in terms of rules and regulations with some requiring registration while others do not. Colorado does not require trademark registration; however, registering your trademark in Colorado can offer added benefits, such as distinguishing you from others who might offer similar products or services.

The U.S. Patent & Trademark Office (USPTO) is responsible for granting federal trademark registration rights. A federal trademark registration is necessary for those businesses who are federally regulated or provide goods and services across state lines. Such registrations are recognized on the federal level and the rights apply throughout the United States.

Do I Need a Trademark for My Business?

When starting a business in Colorado, it’s always good to speak with a business attorney who specializes in Intellectual Property Law. Ted Bendelow of Bendelow Law Office, LLC is a seasoned attorney with extensive knowledge in every aspect of business start-up, including intellectual property.

The Intellectual Property team at Bendelow Law Office, LLC can assist you with determining what is best for your business and handle every phase of trademark registration on the state and federal levels. From multimillion-dollar corporations to new business start-ups, Ted Bendelow has provided his expertise in business law for companies on every level for over 40 years.

For clients in Boulder, Longmont, Denver or throughout Northern Colorado needing an experienced business attorney to guide you through the process of your business endeavors, call the professionals at Bendelow Law Office, LLC today.

Business Entities – Colorado

What is a business entity?

To put it in simple terms, a business entity refers to how your business will be structured or formed. The entity that is chosen for a new business will greatly determine everything that is involved with business ownership, including tax filings, risk exposure, and financial and legal effects. Electing a business entity when starting a new venture in Colorado is, perhaps, the first and most important step of the process.

What are the types of business entities?

In the State of Colorado, there are two business groups; Corporations and Unincorporated Associations. Corporations are quite common and are more recognizable than the Unincorporated Associations. Corporations offer two categories; the C-Corporation and the S-Corporation.

Under a C-Corp., the owners are otherwise known as shareholders. Those shareholders elect a Board of Directors on an annual basis, who in turn, appoint officers that will oversee the daily operations of the company. A C-Corp. can transition to an S-Corp. once it has filed an S-Corporation election with the IRS. The only distinguishing factors between the two corporations are the way in which taxes are imposed, restrictions on the number and types of shareholders, and the issuing of the number of classes of stocks.

Another corporation combining certain features of corporations with those of partnerships is called a Limited Liability Company, or LLC. Limited Liability Companies have become quite popular and are a common form of business today. The profits and losses of an LLC are listed on the member/s personal tax forms; therefore, the LLC doesn’t pay taxes. One of the greatest benefits to forming a Limited Liability Company is to limit financial and legal liability of the member/s. Since ownership is not restricted in a majority of states, anyone can be a member of the LLC, with the exclusion of insurance companies and banks.

When forming an LLC, the first line of action is to choose a business name and file an Article of Organization with the state, which establishes legal recognition of the LLC. Negotiating and implementing an Operating Agreement, which tailors the terms of the Limited Liability Company by outlining the duties, powers, liabilities, and rights of the Limited Liability Company is highly recommended, especially if there is more than one member; however, it is not a filing requirement in the State of Colorado.

Unincorporated Associations and the entities that fall within this category may be less familiar to the general population, but they can offer better entity choices, dependent upon the needs of the business, especially when forming a partnership. These entities defined under Unincorporated Associations include:

  • Sole Proprietorships – Sole Proprietorships are the simplest way to structure a business and aren’t technically recognized as a business entity. The sole proprietor is responsible for self-employment tax rates and is solely liable for any legal or financial repercussions. A Sole Proprietorship requires very little to set up, but the individual will need to file a Trade Name if he/she intends on using a business name other than their own.
  • Partnerships – When two or more individuals in the State of Colorado decide to co-own a business, or form a partnership, there are a number of entities that can be chosen to legally structure the business. Like a Sole Proprietorship, a General Partnership is the easiest to form and does not require state filings, unless the partnership is going to conduct business under a different name. Under a General Partnership, all partners will equally be responsible for their taxes and will divide the profits and losses of the business. Each partner will also be personally responsible for any legal or financial implications. Partnership entities that do require state filing include:
    • Limited Partnership
    • Limited Liability Partnership
    • Limited Liability Limited Partnership             

When starting a business, it’s important to understand how the new venture should be structured and which business entity will offer the greatest benefits and protections for you and your company. Hiring a business attorney can be your greatest investment and be most advantageous when making decisions that pertain to any business startup. Ted Bendelow of Bendelow Law Office, LLC is a seasoned business attorney who has provided his expertise for over 40 years. Mr. Bendelow will take the time to understand your business ideas and goals and provide sound legal advice and recommendations for the business entity best suited for your needs. Once your business’s structure has been determined, Ted Bendelow of Bendelow Law Office, LLC will prepare and file the necessary documents with the state.

If you live in Boulder, Denver, Longmont or any of the surrounding areas and need the services of an experienced business attorney, call the trusted team at Bendelow Law Office, LLC today.

Business Start-up, Boulder

When deciding to start a business, chances are you’ve already put a lot of thought into the venture and have a general plan in place. It’s likely that the services or products are known, along with the location, the business’s financial plan or budget, and maybe even the name of the start-up. While the prospect of entrepreneurship along with its planning can be quite exciting, it can also be very overwhelming. So, the general business concept has been determined and the plan is in place; now what?

For those choosing to start a business in Colorado, it’s important to understand the legalities and what’s required by local, state, and federal agencies. From registering the business name to choosing the best formation for your venture, there are many steps that need to be taken before your business can legally become established. Your best course of action is to partner with a business attorney who can guide you through the entire process.

Ted Bendelow of Bendelow Law Office, LLC is a seasoned business attorney practicing in Boulder, Denver, Longmont and throughout Northern Colorado for over 40 years. Ted Bendelow understands the intricacies and complexities of business law, ranging from small business start-ups to corporate acquisitions and mergers.

If you have a business plan and are ready to take the next step, Bendelow Law Office, LLC can assist in analyzing the business and help determine the most beneficial structure for your venture. Once the business entity has been chosen, Ted Bendelow will carefully prepare the legal documents and make the required filings with the necessary agencies. From trade names to trademarks, the team at Bendelow Law Office, LLC will cover all the bases.

A business start-up doesn’t have to overwhelming, especially when you have a committed partner with the resources and knowledge to ensure that the process is properly handled. If you live in Boulder or anywhere throughout the Northern Colorado Front Range and need the expertise of a premier business attorney, give Ted Bendelow of Bendelow Law Office, LLC a call today.

Colorado Construction Law – Mechanic’s Lien

What is a mechanic’s lien?

A mechanic’s lien, also known as a contractor or property lien, is a legal claim or document that secures interest in a property in which compensation is owed for services rendered. Such services include work performed to improve the property, labor, and materials. For example, if a homeowner hires a contractor to remodel their basement and, upon completion, the contractor has not been fully compensated for that service or the materials required to perform the work, the contractor could file a mechanic’s lien against the homeowner’s property.

Who can file a mechanic’s lien?

In the State of Colorado, any individual or company providing construction services or land improvement in which laborers, materials, and labor is used, that individual or company can legally file a mechanic’s lien. Subcontractors, laborers, and suppliers are also eligible to file mechanic’s or contractor’s liens.

When should a mechanic’s lien be filed?

Colorado has certain requirements and deadlines for filing a mechanic’s lien. Such requirements are dependent upon who is filing the lien. All lien filers, with the exception of laborers who do not provide materials for their services, are required to file the lien within 4 months of the last day any work or materials were rendered. For those laborers who performed work, but no materials, the lien must be filed within 2 months of the last day labor was performed. A Notice of Intent to Lien is required to be filed by the mechanic’s lien filer at least 10 days prior to filing the lien.

How can a lawyer help?

Hiring an attorney who practices Construction Law can be beneficial for those seeking to file a mechanic’s lien, or property owners threatened with a mechanic’s liens. Ted Bendelow of Bendelow Law Office, LLC is a seasoned Colorado attorney with decades of experience in Construction Law. Ted Bendelow has successfully represented contractors and property owners, alike, and understands the complexities that pertain to construction law. Regardless of which end of the mechanic’s lien you find yourself, having adequate representation from an experienced attorney is your best bet. If you live in Boulder, Denver, Longmont, or along the Colorado Front Range and need the expertise of an attorney who specializes in Construction Law, call Ted Bendelow and his experienced team at Bendelow Law Office, LLC for a consultation today.

Mediation, Arbitration, and Litigation

Legal jargon can be quite confusion to those caught in the middle of a legal dispute. Facing legal action, whether plaintiff or defendant, can be stressful enough, much less trying to understand the terminology. If you find yourself in such a dispute, the first thing to do is to secure legal counsel, as an attorney is your best bet in guiding you through the legal process and offering legal advice to aid in your case. The second step would be to educate yourself on some of the more common legal terms that you are likely hear, a lot, throughout the dispute.

Mediation

Mediation has become a very popular and successful way to resolve legal disputes. A third party, or mediator, who is neutral to the case is designated to assist the parties in coming to an agreement. While mediators are typically attorneys, they will not provide legal advice to either party. Mediation allows each party in the dispute to argue their position in an atmosphere that is more relaxed and offers the individuals an opportunity to negotiate a resolution that eliminates the need for expensive, costly litigation.

Arbitration

In the arbitration process, the disputing parties can agree to have one or more individuals hear their case, and thus, make a final decision based on the hearing. The arbitration process shares similarities to that of a trial but is not as formal or lengthy. Arbitration can be binding or non-binding.

  • Binding Arbitration – The decision is final and enforced by the courts. Appeals are very limited.
  • Non-binding Arbitration – The arbitrator’s decision must be accepted by both parties in dispute.

Litigation

Litigation is, perhaps, the most formal and costly process of dispute resolution and is handled within the court system. Because a judge oversees this process, the outcome can be uncertain, making litigation unpredictable and stressful for the parties involved. In litigation, it’s essential to partner with a litigation attorney who understands the rules of the court, document filing requirements, and most of all, who can guide and represent you throughout the entire process.

Ted Bendelow of Bendelow Law Office has extensive experience in litigation counsel. He has practiced law in Denver, Boulder, Longmont and throughout Northern Colorado for over 40 years. As a seasoned litigation attorney, Ted Bendelow will not only represent you in your legal dispute, he will be a partner throughout the entire process. With specialties ranging from contracts or real estate law, to land use and intellectual property law, Ted Bendelow has a proven track record in litigation, representing the largest of corporations and individuals, alike.

If you live in Boulder or throughout the Northern Colorado Front Range and are facing a legal dispute, call Ted Bendelow at Bendelow Law Firm, LLC today.

General Counsel Attorney, Boulder

When faced with a legal issue, one of the first questions you may ponder is who to call for legal advice and counsel. The challenges and complexities of law can be overwhelming, especially to those who aren’t ‘experienced’ in the field, so when confronted with a legal matter, it’s essential to partner with a seasoned attorney who can help.

Ted Bendelow of Bendelow Law Office, LLC is an experienced attorney serving Boulder and the Northern Colorado Front Range. His expertise as a General Counsel Attorney spans over 40 years. Ted Bendelow believes in a strong client/attorney partnership. He will take the time to listen to his clients and assess their needs so that the best plan of action is determined. His experience includes an array of diverse legal subjects, so you can rest assured that you will be adequately advised and represented.

Ted and the team at Bendelow Law Office, LLC are capable of handling legal matters that range from contract negotiations to litigation. A selection of his legal expertise includes:

Trusting an attorney who can address your situation and provide sound advice and representation can make all the difference in the overall outcome of a legal issue. Whether a large corporate entity or an individual, Ted and the professionals at Bendelow Law Office, LLC have proven time and time again that, regardless of complexity or scope of the legal matter, they have the experience and know how to effectively guide you.

If you live in Boulder, Longmont, Denver, or in the neighboring communities and find yourself in need of a trusted General Counsel Attorney, call the legal team at Bendelow Law Office, LLC for a consultation. Don’t face legal issues alone, call Bendelow Law Office, LLC today.