Tracy L. Kinsella
Practice Areas: Real Estate, Contracts, Development, Homeowners Association, Dispute Resolution, Construction, Financing, Leasing, and Estate Planning.
Office: Avon
Position: Of Counsel
Experience
Tracy’s practice focuses primarily in the areas of real estate, development, construction, financing, estate planning, homeowners associations, dispute resolution, contracts and leasing. Tracy previously worked at the Colorado Attorney General’s Office, Exclusive Resorts and Vail Resorts Management Company.
Tracy has represented buyers, sellers, landlords, tenants and borrowers in all phases of real estate sales, leasing and lending transactions, including common area and easement agreements, review of title and surveys and resolution of title defects. She also provides estate planning services. Further, Tracy has represented both developers and buyers in construction projects. Additionally, she represents owners, developers, general contractors, subcontractors and provides advice regarding planning and dispute avoidance as well as dispute resolution. Tracy also offers mediation services.
Tracy represents homeowners associations providing advice regarding the Colorado Common Interest Ownership Act (“CCIOA”), contract, property, construction defects, corporate governance, fiduciary duties, maintenance, enforcement, collections, litigation and real estate considerations. Tracy has also assisted owners of office and retail properties with ongoing management issues, such as assignment and subletting, construction of tenant improvements, tenant defaults and property damage and insurance issues.
She has provided advice, performed due diligence and negotiated agreements relating to a $90 million dollar construction project, a $340 million dollar financing arrangement and negotiated purchase and sale documents for over 400 residential properties. Tracy has previously served on the boards of Red Sky Ranch Metropolitan District and Holland Creek Metropolitan District. She was also president of the Village Townhomes at Arrowhead Association. Tracy was named as a Colorado Rising Star in Real Estate by Super Lawyers in 2009.
In litigation, Tracy and Bernard Chanin, co-counsel from Pennsylvania, represented a small Colorado business in an American Arbitration Association arbitration hearing and obtained a multi-million dollar award for a breach of contract claim against a subsidiary of a Fortune 100 company. A multi-million dollar counter-claim was rejected by the arbitrator.
Education
- William Mitchell College of Law (J.D., 1996) (Law Review Staff Member, 1994-1995)
- University of Minnesota, Carlson School of Management (B.S. Business Management, 1992)
Court Admissions
- State of Colorado (1996)
- State of Minnesota (1997 – currently inactive)
Bar Associations & Professional Societies
- Colorado Bar Association
Community Involvement
- Vail Christian High School, Member of Board of Directors, 2014 – present.
- Ski and Snowboard Club Vail. Volunteer for Alpine ski races. Hold certificates in Timing & Calculations and Competition Official.
E-mail Address
moc.t1529507011hcehd1529507011leifr1529507011ag@al1529507011lesni1529507011kt1529507011
Published Articles/Speaking Engagements
- Legal Considerations in Entity Selection and On-Going Requirements in Colorado
- Vail Valley Business Women Seminar, April 2010
- Resort Mixed Use Development—CLE Sponsored by CLE International, January 2008
- What Did I just Sign? Contracts 101
- Owner Occupant Use Issues
- Managing Risk in Contracts
- Contracting with Public Entities, the Basics and More
- Intellectual Property Issues in Colorado State Contracts
- Contract Assignments: What Should I do?
- Construction Contracting with Public Agencies, the Government Perspective
- Access Considerations in Eminent Domain
- A New Emergency Fiscal Rule (co-authored with Phil Holtman)
- State Construction Contracting and Procurement
- Conservation Easements and Habitat Banking Issues
- Condemnation Packages and Trial Exhibits
- Mock Condemnation Trial (Interactive Presentation)
- Estate Planning presentation with Avery Nelson to the Aspen Young Professionals
Other Articles:
Garfield & Hecht, P.C. was founded in 1975 by Ronald Garfield and Andrew Hecht. The firm has been rated AV by its peers, which is the highest possible rating.
