Meet our Attorneys

Joseph F. Smith III

Special Counsel

Joe Smith is a licensed attorney in Florida and Colorado and a Colorado licensed architect with over twenty-five years of architecture, construction law and construction defect litigation experience. Before joining Burg Simpson, Mr. Smith spent three years as a senior forensic architect at a Denver metropolitan area consulting and engineering firm where he provided forensic services to private and public clients, including:
  • Architectural, structural, civil, and property damage claims
  • Building code compliance and upgrade analysis
  • Repair and rehabilitation design
  • Construction monitoring and quality assurance
  • Existing property condition assessments
  • Design and construction claim litigation support
  • Expert witness services

Prior to that, Mr. Smith spent nearly twelve years as a construction defect attorney representing homeowners and commercial building owners on matters including:

  • Compliance with local, state, and federal laws and regulations
  • Land purchase and other due diligence
  • Design
  • Building code and industry standards compliance
  • Permitting
  • Project documentation
  • Contract formation and interpretation
  • Value engineering
  • Construction means, methods, and sequencing
  • Quality control
  • Post-construction warranty and repair work

Mr. Smith has extensive experience working with and analyzing the work of:

  • Architects
  • Civil, structural, and geotechnical engineers
  • Developers
  • Contractors
  • Estimators
  • Real estate appraisers and salespersons
  • Community association managers


Selected to Best Lawyers® in America, 2020-2021

AV Preeminent® Rating, Martindale-Hubbell



University of North Carolina School of Law, Chapel Hill, North Carolina, 1999 J.D.

University of Notre Dame, South Bend, Indiana, 1993 Bachelor's of Architecture

American Society for Testing Materials (ASTM International)

American Institute of Architects (AIA)

Colorado Bar Association

Denver Bar Association

Florida Bar Association

"Lunch and Learn Lectures" - Mr. Smith routinely provides informal seminars to community association managers in Colorado and Florida

October, 2013 – PLRB 2013 Regional Adjusters Conference & Exposition (Eastern), Concord, North Carolina. Emerging Trends in Building Products, Codes, and Sustainability.

June, 2013 – PLRB 2013 Regional Adjusters Conference & Exposition (Western), Garden Grove, California. Emerging Trends in Building Products, Codes, and Sustainability.

May, 2013 – Colorado Defense Lawyers Association Construction Law Committee “How To” series, Denver, Colorado. Everything You Wanted to Know About Roofs and Were Afraid to Ask (And May Not Want to Know).

Are You Ready to Testify?, CAI South Gulf Coast Chapter, CAI Community Voice Magazine, 1st Quarter 2019

Are You Ready to Testify?, CAI Central Florida Chapter, Central Florida Times, 1st Quarter 2019

Do’s and Don’ts for a Deposition, CAI Central Florida Chapter, Central Florida Times, 4th Quarter 2018

Do’s and Don’ts for a Deposition, CAI South Gulf Coast Magazine, October 2018

 September 16, 2020

Four Teen Victims Seek $16 Million in Arizona Child Abuse Case

A team of Burg Simpson attorneys including Scott Eldredge, Seth Katz, Ty Taber, Paul Friedman, and Christopher Post along with Tucson-based victims’ rights attorney, Lynne Cadigan, is representing four adoptive children who are named as victims in $16 million child abuse cases filed in Arizona. The children allege they were subjected to aggravated assault and… Read more »

 September 8, 2020

Former Burg Simpson Scholarship Winner is Using Her Funds Wisely!

Ms. McKenna Gilbreth is one of the previous winners of Burg Simpson’s annual scholarship. McKenna recently wrote to Mr. Michael S. Burg, Burg Simpson’s founder, to thank him and to share how she is using her scholarship funds. Now attending Southern Methodist University in Dallas, TX, McKenna wrote from her dorm room that despite the… Read more »

 September 3, 2020

September 2020 E-News

Congratulations to Our Best Lawyers in America® Forty-seven Burg Simpson attorneys have been recognized in the 2021 edition of Best Lawyers in America ®. (33 “Best Lawyers” and 14 “Ones to Watch.”) See the list of Burg Simpson attorneys selected to the 2021 Best Lawyers in America ® here. Three Burg Simpson Lawyers Also Named Best… Read more »

 August 27, 2020

Burg Simpson’s Colorado Scholarship Competition 2020-2021

Burg Simpson has always recognized the importance of access to a strong education. Starting in 2012, we launched the Burg Simpson Scholarship Competition. Each year, Colorado high school seniors are encouraged to write and submit a 1,500 word essay on the importance of the civil jury system as the guardian of American rights and liberties… Read more »

Greeley, CO – Two Workers Killed in Work Accident on 1st Ave

 June 19, 2020

David Hersh: COVID-19 and Loss of Business Income

Shareholder David Hersh Discusses COVID-19 and Loss of Business Income  David P. Hersh is a shareholder and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “I am David Hersh, Co-leader of the Commercial Litigation Department at Burg Simpson. Business owners across the country have suffered from the loss of business income as… Read more »

David TeSelle Discusses Qui Tam Lawsuits

 June 18, 2020

David TeSelle Discusses Qui Tam Lawsuits

David K. TeSelle is a trial lawyer and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “Do you have confidential information about a company who is cheating the state or federal government out of money, leaving the American taxpayer holding the bag? If so, there is something you can do about it,… Read more »

 June 16, 2020

Shareholder Jacob Burg Discusses Burg Simpson’s Commitment to Pro Bono Work

Jake Burg is a shareholder and a trial lawyer with  Burg Simpson’s personal injury department. “Since the firm’s inception in 1976, Burg Simpson has been committed to providing pro bono legal services to heroes who have dedicated themselves to serving others in times of great need. As an attorney with Burg Simpson, I was proud to… Read more »

Denver, CO – Two Injured in Motorcycle Accident on I-25 (CanAm Highway)

 June 15, 2020

Injured in a Motorcycle Crash? Call Burg Simpson Now

Injured in a Motorcycle Crash? Call Burg Simpson Now Shareholder Stephen J. Burg is a trial lawyer and the practice group leader of the firm’s personal injury department. If you, or someone you know, has been injured in a motorcycle crash, you need someone to be on your side. Insurance companies make huge profits by… Read more »

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