Special Master

*Fellow, Academy of Court Appointed Masters

Special Master Cases
Case: Ferris v. Poplarhouse, et al, 2002cv265, District Court, Summit County, Colorado

Judge: Chief Judge, 5th Judicial District, Honorable Terry Ruckriegle.

Dates of Service: 2/2004 — 11/2005

Case Synopsis: Multi-party, construction defect case involving mold. Plaintiffs also alleged personal injury from exposure to mold. During the case, the primary Plaintiff died and a wrongful death claim was added. Multi-million dollar damages were alleged against developer, architects, builder, subcontractors and their insurance carriers.

My duties related to pre-trial discovery, including rulings on all pre-trial, non-dispositive, pleadings. This involved protective orders, sanctions, Rule 16 and 26 disclosure issues, motions to compel, motions re privacy of non-party medical records (including Arizona law). It was necessary to create supplemental deposition rules and attend certain depositions. None of my rulings were appealed or modified by the Court.



Case: Johnson v. Landmark, 2001cv313, District Court, Eagle County, Colorado

Judge: District Judge, Honorable Thomas Moorhead

Dates of Service: 3/2004 — 11/2004

Case Synopsis: Business dispute involving interference with contractual relations and other claims between former employees and employer.

My duties concerned all pending discovery, ruling on numerous unresolved motions, sanctions, protective orders, deadlines, scope of discovery, and numerous procedural matters. None of my rulings were appealed or modified by the Court.



Case: Points of Colorado v. Ace Insulations, et al, 2002cv383, District Court, Eagle County, Colorado

Judge: District Judge, Honorable Thomas Moorhead

Dates of Service: 4/2004 — 11/2004

Case Synopsis: Mechanics’ Lien and construction defect. A multi-party, multi-million dollar case that was settled by arbitration and required minimal involvement by me as Special Master.



Case: Daly v. Daly, 2002DR2233, District Court, Jefferson County, Colorado

Judge: District Judge, Division 11, Honorable Steven M. Munsinger

Dates of Service: 12/2004 -– 5/2005

Case Synopsis: I was appointed to oversee the completion of discovery related to the disputed valuation of a business. Under my direction, a non-compliant Party produced significant undisclosed documentation. The resulting Special Master Report was incorporated into the Court’s Final Order.



Case: Richmond American Homes v. Steel Floors, et al. Consolidated case 2004cv803, Jefferson County, Colorado

Judge: District Judge, Div. 11, Honorable Steven M. Munsinger

Dates of Service: 11/2007 — 3/2009

Case Synopsis: A consolidated complex construction defect case involving mold and water damage claims in over 3,300 single family homes constructed over many years. Each home was considered a separate claim. Rule 26 disclosures revealed an estimated two million paper documents and photos. Developer Plaintiff claimed over twenty-million dollars in damages from twenty-three Defendant subcontractors. Most parties had multiple insurance carriers with various “times on the risk.”

Under my supervision, all paper documents and photos were imaged and a web-based electronically searchable database created which was interfaced with Xcel spreadsheets. Included in my Orders and Directives were cost sharing and cost shifting resolutions. All parties settled pre-trial.



Case: [Suppressed Case] District Court, Jefferson County, Colorado

Judge: District Judge, Division 8, Honorable Margie L. Enquist

Dates of Service: 1/2010 — current

Case Synopsis: This was a suppressed, multi-party case. General issues: Commercial entity dissolution involving allegations of fraud, usurpation of corporate opportunity. My duties related to resolution of letters rogatory, out of state depositions, privilege claims, in camera reviews, forensic inspections, protective orders, and issues related to large volume electronic discovery.

Ultimately, I was requested by all parties to act as mediator and the case was settled.



Case: Richmond American Homes v. Scott Contracting, et al. 09cv4742, District Court, Jefferson County, Div.2

Judge: District Judge, Honorable Christie Phillips

Dates of Service: 3/2011 — 6/2011

Case Synopsis: Multi-party, construction/professional services dispute. My duty was to provide a Report and Recommendation related to multiple discovery documents claimed as privileged or confidential. My Report was adopted and incorporated into a Court Order without modification or appeal. The case settled very shortly thereafter.



Case: Summit School District RE-1 and Town of Breckenridge v. Breckenridge Development Foundation

Judge: Chief Judge, 5th Judicial District, Honorable Terry Ruckriegle

Dates of Service: 1999-2002.

Case Synopsis: A dispute involving the valuation of a 66-acre parcel immediately adjoining the Town of Breckenridge. The property was zoned for an airport and adjoining commercial development. The valuation experts for the opposing parties differed in their opinions by $10,000,000.

I was selected by all parties to chair the valuation proceedings. The property had been condemned, in phases, by separate entities, each for different uses. There were several multiple-day hearings over a two-year period. I presided over the hearings and drafted all Rulings and the Final Valuation Report that was adopted, without modification, by the Court.

Upon appeal, the Colorado Court of Appeals unanimously affirmed the judgment without an opinion. 2002 Colo. App. LEXIS 1297. The Colorado Supreme Court, en banc, denied cert. 2002 Colo. LEXIS 1209.


Retained by Keystone Real Estate (Intrawest) to facilitate meetings between developer (Keystone/ Vail Resorts) and numerous interested parties (Homeowners’ Associations) and Summit County Planning Department. November/ December 2002.



Numerous Homeowner Associations have retained my services over the years to act as a facilitator for Homeowner and Board meetings.




Dennis Callan founded Counsel Mediation, LLC in 2001 after retiring from twenty-five years as senior partner of a law firm in Breckenridge, Colorado. He offers ADR and special master services in all commercial matters with an emphasis on real estate and construction. Personal inquiries for further information are welcome.