Garfield & Hecht, P.C

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

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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