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Real Estate

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Denver Flag            Our clients range from banks and other financial institutions to homebuilders, developers of resorts, mixed use communities and commercial and industrial sites, , community associations, and investors. Our   are a very experienced group, with most having practiced in the area for more than twenty years.

The real estate group regularly advises on the purchase, development, sale, and financing of properties ranging from vacant land to residential, commercial, and industrial projects, including resorts, golf courses, hotels, ski areas, residential communities, athletic clubs, restaurants, warehouses, and shopping centers. Our attorneys are skilled at negotiating and closing acquisitions and sales, financing transactions, commercial leases, 1031 exchanges, construction loans, and workouts involving nonperforming loans and assets. They have extensive experience in land use and zoning matters and in representing homeowners, condominium, and other community associations. Our real estate attorneys also have represented clients in complex foreclosures and receiverships, mechanics’ lien claims, proceedings, and other involving real estate matters.

Real Estate Related Areas

Attorneys serving Real Estate

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Public / Private Partnerships (“P3″)

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is recognized as a leader in the provision of legal advisory services to the development, transportation, and public infrastructure industry. We have served as counsel in the development and financing of some of the largest infrastructure projects in , including water, wastewater, utility, transit, social facilities and transportation. Our team of experienced provide extensive experience advising governments, developers, operators, concessionaires and lenders in a wide range of infrastructure projects and the accompanying complex financing.  The firm has teamed with national and P3 teams in all phases of negotiating project , concessions, leases, availability of service structures, and financing . The blend of tax, public , corporate, and public entity practice areas at Grimshaw & Harring provide a skilled, experienced and efficient resource to our clients.

This depth of industry experience uniquely qualifies our lawyers with the legal excellence and industry specific sensitivity necessary to form a productive and dynamic project team. Our methodology of problem solving client service is reflected by Grimshaw & Harring’s representation of many successful project finance .

serving Public/Private Partnership (P3)

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Real Estate Litigation

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Our litigators are very experienced attorneys who regularly handle related matters pending in the state and federal courts, including all appellate levels, and before various regulatory agencies. For decades we have assisted our clients in protecting, asserting, and defending their real property ownership rights.

Our real estate practice encompasses all matters arising out of real estate ownership, development, construction, and failed transactions.  Our attorneys have handled a wide variety of real estate related such as eminent domain, takings claims, , inverse condemnation, quiet title actions, Rule 105 proceedings, Rule 106 of land use decisions, construction litigation and mechanics’ lien matters, boundary disputes, landlord/tenant disputes, insurance coverage disputes, Fair Housing Act claims, homeowner association collections, public trustee and judicial foreclosures, land use claims including 42 U.S.C. §1983, environmental matters, water rights litigation, and numerous types of failed transactions.

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Insurance Litigation

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Representing policyholders with questions has long been a focus of our attorneys and an area in which they have considerable expertise. Many of our numerous precedent-setting have established the rights of individuals, local governments, and businesses (ranging from multi-national conglomerates to small “mom” and “pop” gasoline-dispensing convenience stores) to recover from their insurance companies. Our attorneys have experience in a broad range of insurance coverage issues, from clients facing damages from a single occurrence, like the collapse of a wastewater treatment plant’s 80 foot high filtering tower or a spontaneous bodily injury, to claims spanning multiple coverage periods, such as progressive construction defects and deterioration, extensive groundwater contamination or asbestos exposure, and earth movement or structural failure. Equally critical is the law of “insurance bad faith,” and the representation of those policyholders whose insurance carriers have failed to abide by the coverage terms of their policies.Three of ’s key appellate decisions acknowledged the duty of insurance companies to defend policyholders for environmental damage claims under policies and declared their rights of recovery. These precedent-setting decisions have had a major impact on the availability of insurance coverage for all policyholders, not only in , but around the country.

Our insurance coverage attorneys are regularly called upon to advise other counsel seeking the firm’s particular insurance coverage expertise, including in-house corporate attorneys and general counsel, insurance defense lawyers, legislators considering new laws, city and county attorneys, environmental attorneys, and general practitioners representing businesses and individuals. We are regularly called upon to represent out-of-state clients because of our unique experience, and we serve as counsel for a wide variety of public entities and private companies, including agricultural products companies, aircraft manufacturers, cities and counties, commercial landlords, construction companies, dry cleaners, environmental consulting firms, lenders, mining companies, developers, ski area owners, wastewater treatment plants, and water and sanitation districts.

For more information about our insurance coverage practice, please contact William J. Brady.

William J. Brady has authored the Superfund and Toxic Torts Sections of The Regulation of Hazardous Substances and Toxic Wastes, Professor’s Manual, University Casebook Series, published by Foundation Press, as well as the chapter on Environmental Insurance for the treatise, “Environmental Regulation of Colorado Real Property,” Stephen A. Bain, Editor, published by Bradford Publishing Company, June 2007.

Litigation and Appeals Related Areas

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Construction Litigation

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Steamboat Springs

Our litigators have extensive construction related experience in both state and federal courts. Our have litigated involving construction and design defects, pay disputes, site conditions, delays, backcharges, interference, mechanic’s liens, bidding and mistakes.We have represented clients involved on all sides of construction litigations, including municipal, corporate and individual property owners and developers, general contractors, subcontractors, architects, engineers and lenders.

Please see the construction law section of our website regarding our general experience in construction law matters.

Litigation and Related Areas

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Class Actions

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Our represent plaintiffs and defendants in in state and federal court. We employ the latest in case-management technology for all aspects of class action , including litigating class certification itself, conducting class and merits discovery, litigating the merits, negotiating settlements and guiding them through the court approval and notice process, and handling appeals involving class certification and related issues.

Litigation and Appeals Related Areas

 

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Business Litigation

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Our business and practice includes a broad spectrum of matters and legal issues. Our attorneys represent clients both in the prosecution and defense of lawsuits in areas such as contracts, antitrust, the Uniform Commercial Code, business torts, , employment, trade secrets, intellectual property protection, breach of fiduciary duty, fraud, corporate matters, warranties, water, environmental, insurance coverage, and collections.

We take pride in our pre-dispute analyses of legal issues that enable our clients to best plan a course of action and minimize the cost or risk of litigation. We represent clients in both state and federal courts. We also handle at all levels of the appellate process, and we represent clients in all forms of alternative dispute resolution, including arbitration and mediation.Our experience in contract and contract-related litigation includes numerous lawsuits and claims arising out of purchase and sale agreements, service contracts, franchise agreements, merger and acquisition agreements, guaranty and surety agreements, financial instruments, loan agreements, lease agreements, real estate contracts, and other business-related contracts of almost every type in federal and state jurisdictions across the United States.

Our commercial litigators are also very experienced in all aspects of the construction industry, having represented private and public owners, architects, engineers, land surveyors, general contractors, and subcontractors in a variety of legal proceedings throughout the State of . Our attorneys have dealt with all types of construction related issues ranging from pay disputes, mechanics’ lien and surety issues to performance issues based on delays, interference, defective design, site conditions, bidding, and mistakes.

Our commercial litigation practice is a prime area for utilization of our membership in Meritas. This membership allows us easy access to highly qualified colleagues in jurisdictions throughout the United States and the world so as to assist our clients in commercial litigation matters that cross jurisdictional lines, including collection of judgments, service of court pleadings and other documents, enforcement of agreements, applying law of other jurisdictions where applicable, and in many instances even bringing lawsuits on commercial matters in other jurisdictions.

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Related Business, Finance and Corporate Law Areas

Other Litigation and Appeals Related Areas

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Antitrust and Competition Law

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Our represent clients in cases involving alleged violations of and competition laws in state and federal courts. These matters include price fixing, predatory pricing, price discrimination, market allocation, territorial allocation and boycotts, bid rigging, resale price maintenance, exclusive dealing, exclusive territories, tying arrangements, refusals to deal, dealer terminations, vertical restraints, and monopolization.

For more information about our antitrust and competition law practice, please contact Todd R. Seelman.

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Litigation and Appellate Law

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(c) Tony EitzelOur litigation practice is very broad, responding to the needs of our commercial, municipal, special district, corporate, business, real estate, and other clients. We represent many clients who seek our litigation services as a result of referrals from existing clients, other , or from our colleagues at Meritas.

Our attorneys are especially experienced with litigation in the areas of contract disputes, antitrust, real estate, construction, coverage, defense of environmental claims, employment, medical malpractice, failed transactions, commercial torts, corporate disputes, collections, and . Our attorneys also practice in several special areas of litigation, including eminent domain, water law, , election disputes, and insurance coverage for environmental damage claims.

We represent plaintiffs and defend lawsuits in state and federal courts throughout the nation, but we specialize in lawsuits in . We also handle appeals at all levels of the appellate process. In addition, we represent clients in all forms of alternative dispute resolution, including arbitration and mediation.

We are a proud member of Meritas, one of the world’s largest affiliations of independent business and litigation law firms. Through this affiliation, we are able to locate and engage local counsel for our clients throughout the United States and the world.

Litigation and Appeals Related Areas

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Land Use / Zoning

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A major area of our firm’s practice includes and matters, serving clients from both the public and private sectors. We represent private developers before city councils, boards of county commissioners, planning commissions, and state and federal regulatory agencies. We also represent local governments with regard to planning and control of land development, as well as .

(c) Tony Eitzel

Our land use specialize in rezonings for residential, commercial and industrial projects, as well as mixed use planned developments. We have experience with matters involving master plans, vested rights, downzoning, annexation, development agreements, transit-oriented development, telecommunications / broadcast facilities, group homes/ facilities, outdoor advertising, subdivision plat and site plan review, dedications, exactions, impact fees, growth management (moratoria and interim controls), aesthetics, design control, historic preservation, and environmental land use controls (wetlands, flood plains, agricultural land preservation, conservation easements, ground water protection and transfer of development rights).

Our real estate attorneys have a wide range of experience in the Front Range corridor of , as well as rural areas and resort communities throughout the state. Our work in mountain resort communities includes extensive dealings with the U.S. Forest Service and the Bureau of Land Management.

Our attorneys practicing in this area are very experienced, having practiced for an average of over 35 years. They also have extensive teaching experience in certified continuing legal education programs and at local colleges and universities with degree programs that focus on the areas of planning and control of land development.

Attorneys practicing in Land Use / Zoning

Land Use / Zoning Related Areas of Law

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