Contracts

Financing, Commitments, Mortgages and Deeds of Trust

Condominium Declarations, Covenants, and Homeowners Associations

Planning, Zoning, and Platting

Construction Contracts

Contracts

The real estate practice provides assistance in the negotiation and drafting of all types of real estate contracts.  We provide regular assistance in drafting contracts to acquire commercial real estate, both developed and undeveloped. Additionally we regularly provide review of residential purchase contracts. The firm has an active real estate practice in Vail, Colorado. As part of that practice we provide service to residential real estate purchasers and sellers who have their primary residences and businesses in other states and foreign countries.  The firm is familiar with all of the requirements that the real estate buyer or seller from another state or country must be familiar with when they are dealing in the real estate market in Colorado. T

Financing, Commitments, Mortgages and Deeds of Trust

The real estate practice regularly deals with loan commitments, promissory notes, deeds of trust used to secure real estate loans, and the provisions that lenders require in Colorado.  Having that familiarity allows the firm to provide advice to prospective real estate purchasers and sellers of the customary expectations in the real estate markets in Colorado. As much of the firm's practice involves advising the purchasers and sellers of real estate in new developments, the firm's lawyers are well equipped to determine whether the offerings of the development are consistent with the existing market requirements. T

Condominium Declarations, Covenants, and Homeowners Associations

The real estate markets in the resort areas of Colorado and in the expanding urban developments in downtown Denver and its surrounding neighborhoods include the construction of many condominium/townhouse projects.  The ownership rights and obligations in these projects are described in the condominium declaration, covenants and map. These documents have a continuing effect on an owner's use of his or her property and on the manner that the project itself develops in the future. These documents describe and control issues like the monthly assessments, who owns which parts of the total condominium structure, including the extent to which the buyer controls his own living space, the use of the premises, the use of common areas, and when and under what circumstances the property will become obsolete.  While many single family subdivisions today are controlled by covenants, the use of those covenants becomes even more critical when the living units being purchased are physically connected by walls, ceilings and floors.  Our real estate practice provides full explanation of the use and effect of these controlling documents, on the use and enjoyment of the property, and can assist owners or prospective owners in understanding how the different provisions in the condominium documents affect them. T

Planning, Zoning, and Platting

The real estate practice has broad experience in the development and the application of local land use regulations.  Through the experience of representing developers in major Colorado resort areas, including Vail, Aspen, Steamboat  and Crested Butte, and through the experience of providing legal service to governments of counties, towns and special district as described in the Municipal and Government section, the firm's lawyers can provide advice on a wide range of planning and zoning issues.  The real estate practice has a broad range of experience representing clients before planning and zoning commissions, boards of adjustment, design review boards, and town councils and boards of county commissioners on matters relating to land use, including planned unit developments, zoning, urban renewal, and minerals extraction. T

Construction Contracts

The firm regularly assists builders, developers, and individuals who are building residential or commercial structures in negotiating and drafting appropriate contracts to permit their projects to go forward in a timely and successful manner.  The firm is familiar with the contracts recommended by the American Institute of Architects and can advise clients on the considerations that should be addressed when accepting or modifying an AIA contract. 

The firm has broad experience in arbitrating and litigating construction-related contracts.  The firm works frequently with the rules of the American Arbitration Association dealing with the Construction Industry. This experience gives the firm's lawyers a detailed understanding of the risk-shifting that the various sections of the AIA and similar contracts contemplate. That experience gives the firm a sound foundation to advise on these types of agreements. T

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