Of Counsel

Erik K.

Of Counsel
Erik K. Foster
Of Counsel

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Erik has focused on transactional real estate for the past 33 years. As a former member of the Real Estate Section Council of the Colorado Bar Association, Erik has held an AV Preeminent rating from Martindale-Hubbell for the past 16 years, has been honored as a Colorado Super Lawyer and Colorado Corporate Counsel Super Lawyer for the past 11 years, and has recently been recognized for his skill sets by Best Lawyers.

Erik has represented residential, commercial and multifamily developers in commercial assemblage and zoning projects ranging in size from a few dozen acres to over 1,000 acres. Erik has drafted condominium and CC&R documents for mixed-use projects, multifamily developments, a 1,100-acre equestrian community, and a Jack Nicklaus golf course community. Erik has over 20 years of experience representing multifamily developers, including ten years of experience helping them navigate their way through the HUD 221(d)(4) market rate financing maze.

Erik’s clients include national real estate developers in commercial, industrial, residential and multifamily projects, closing real estate transactions across the country each year. Erik is also one of only a handful of LEED AP certified attorneys in Colorado.

Erik has experience coordinating public-private partnerships in the development and preservation of commercial real estate projects utilizing TIF financing, block grants, tax credits, and a host of other financing sources and techniques. Erik was instrumental in the real estate structuring for the redevelopment of the Denver Dry Building, as well as the Downtown YMCA Building, the Downtown Tattered Cover Bookstore Building, and multiple residential projects for the Colorado Coalition for the Homeless. Erik was also lead counsel representing InnerCity Community Development in the preservation and renovation of the 3800 York Project, employing a unique combination of financing sources including MOED, DURA, TIF, FHLBB, Historic Façade Credits, Federal Grants, and a public-private partnership with Colorado Santa Fe. Each of these projects required multiple layers of public-private cooperation, financing, and innovative legal representation.

Well-prepared and dedicated, Erik counsels clients in the selection and formation of business entities, negotiation of commercial leases, resolution of construction defect claims, and litigation avoidance. He has seen his clients through continually changing business and real estate cycles. Erik is an expert at finding practical resolutions to complex problems.

Reported Decisions

Campbell v. Summit Plaza Assocs.,
192 P.3d 465 (Colo. App. 2008), cert. denied (Colo. 2008)

Levy-Wegrzyn v. Ediger,
899 P.2d 230 (Colo. App. 1994), cert. Denied (Colo. 1995)

In re Union Square Dev. Co.,
140 B.R. 544 (Bankr. D. Colo. 1992)

In re Blinder, Robinson & Co.,
135 B.R. 899 (Bankr. D. Colo. 1992)

Jelen & Son, Inc. V. Kaiger Steel Corp.,
807 P.2d 1241 (Colo. App. 1991)

Summit Foods, Inc. v. Greyhound Food

Publications and Articles

Building Green - Risks and Rewards
Colorado Real Estate Journal, April 2014

Subdividing land in Denver: I say 'simple,' you say 'not so'”
Colorado Real Estate Journal, August 2013

Speaking Engagements and Presentations

“Building Condominiums and Avoiding Construction Defect Litigation”
Moye White’s “Hot Topics in Real Estate: How Are You Affected?” seminar, August 2014

“Business in the Bakken”
April 2014

“Project Planning and Land Development in the Bakken”
Bakken Construction Summit, Bismarck, North Dakota, September 2013

“Mediating Green Projects and Construction Disputes”
ABA Spring Conference, 2010

“Green Building Issues - Appraisers Need Our Help Now!”
Southern Colorado Sustainability Conference, 2010

“Energy Efficiency and Green Building Issues”
CLE Colorado, 2010

Program Chair
12th Annual Real Estate Development Conference, 2007