Practice Areas

Our litigation and transactional practice groups serve local, regional, and national clients, including major corporations and high-profile individuals. 

Litigation

Bankruptcy

Business

Real Estate

Banking & Lending

Municipalities

Estate Planning

Family Law

Pro Bono

Litigation

The litigation group provides effective litigation, arbitration, trial, and appellate services. Our trial and appellate teams handle a wide range of matters including commercial transactions, real estate, product liability, bankruptcy, construction, employment, land use, contracts, civil rights, and constitutional claims.

Our litigators have extensive experience in courthouses across the Western Slope, including Aspen, Breckenridge, Delta, Eagle, Glenwood Springs, Grand Junction, Gunnison, Meeker, Montrose, Steamboat Springs, and Telluride. We maintain a robust litigation practice in the Front Range including state courts in Boulder, Colorado Springs, Denver, and Golden as well as the Colorado Court of Appeals and the Colorado Supreme Court, and we also practice in federal court including the United States District Court for the District of Colorado and the Tenth Circuit Court of Appeals. Additionally, our practice includes various alternative dispute resolution forums, including the American Arbitration Association and the Judicial Arbiter Group in Denver.

Garfield & Hecht has made substantial investments in information technology and has a technological capability that positions us at the cutting edge of today’s law firms. 

Commercial Litigation

Garfield & Hecht has the experience, technology, and depth to handle complex litigation matters including all types of commercial disputes. Our litigation attorneys include veterans of large law firms based in Chicago, Denver, Philadelphia, and New York City and graduates of several of the nation’s top law schools. G&H uses advanced technologies to manage cases, track documents, and present courtroom evidence. We have handled cases in district and county courts across the state as well as in the federal courts in Colorado and neighboring states. G&H also maintains a robust appellate practice. G&H handles a wide variety of cases ranging from simple payment disputes between individuals or small businesses to multi-million-dollar class actions, construction disputes, banking disputes, and product liability matters.

Real Estate Litigation

Garfield & Hecht attorneys have successfully represented many different parties with varying interests in real estate, including developers, buyers, sellers, community associations, mechanic’s lien claimants, and lenders in large-scale residential and commercial real estate disputes. Real estate litigation is a multidiscipline practice requiring knowledge of land use and municipal regulations, contract law, real estate financing, landlord-tenant law, foreclosures, and construction law. The trial attorneys at Garfield & Hecht have the knowledge and experience to handle all of these areas.

Product Liability

Over the past fifteen years, two of Garfield & Hecht’s litigation partners have been part of a statewide trial team representing a Fortune 500 company in defending product liability claims relating to radiant heating systems.  The statewide trial team has defended the Fortune 500 company against product liability claims brought by individual associations, multiple claims joined in single lawsuits by large groups of associations and opt-out cases from a national class action settlement. The statewide trial team recently successfully defended a Colorado statewide class action jury trial. As a result, Garfield & Hecht has developed extensive expertise in procedural and substantive issues relating to defending product liability lawsuits on behalf of sellers and manufacturers.

Appellate Procedure

Clients rely on Garfield & Hecht to represent them in both state and federal appeals courts because the high stakes of appellate litigation require an eye for detail, mastery of complex facts, a firm grasp of nuanced legal holdings in controlling precedent, and an understanding of “big picture” policy concerns that appellate judges consider when reaching a decision. Garfield & Hecht’s litigators routinely handle appellate matters in the Colorado Court of Appeals, the Colorado Supreme Court, and the United States Court of Appeals for the Tenth Circuit.

Whether defending favorable trial results or seeking to have lower-court errors corrected on appeal, our attorneys combine substantive legal acumen with top-notch presentation methods to obtain a successful disposition on appeal. Garfield & Hecht’s appellate advocacy—both written and oral—includes excellent legal research, keen analysis of issues presented on appeal, in-depth knowledge of procedural and evidentiary rules, superb brief-writing, as well as confident and effective oral argument skills.

Construction Litigation

A substantial portion of Garfield & Hecht’s commercial litigation practice involves complex construction litigation, including construction defect claims, contractor fee disputes, construction delay claims, mechanic’s liens, and scope of work disputes. Unlike many law firms that exclusively represent either property owners or construction professionals, Garfield & Hecht has substantial experience both prosecuting construction defect claims and defending construction professionals. This experience on both sides gives our lawyers unique perspectives to assist all types of clients.

As part of their construction defect expertise, our construction defect litigators are also experienced in navigating the complex insurance coverage issues inherent in virtually every construction defect case to maximize the property owner’s actual recovery or to minimize the personal exposure of construction professionals maintaining commercial general liability policies.

Garfield & Hecht also has years of experience representing both owners and builders with mechanics’ liens. These cases require strict adherence to procedures and deadlines, and our attorneys assist all types of clients in these matters in connection with real estate transactions as well as lien foreclosure litigation.

Bankruptcy and Creditors’ Rights

Garfield & Hecht represents banks and other financial institutions as well as private equity firms, real estate holding companies, and individuals as secured and unsecured creditors in bankruptcy proceedings, including bankruptcy litigation. Our lawyers frequently participate in cases in the United States Bankruptcy Court for the District of Colorado and in front of the Tenth Circuit’s Bankruptcy Appellate Panel; they also have been admitted pro hac vice in federal bankruptcy courts in Delaware, Utah, and Wyoming.

In Chapter 11 as well as in Chapter 7 and 13 bankruptcy cases, Garfield & Hecht handles adversary proceedings, claim disputes, fraud, avoidance actions, bid procedures, dischargeability and stay relief motion practice, adequate protection issues, plan confirmations and objections, dismissal and conversion proceedings, and bankruptcy appeals. We serve our creditor clients’ interests by working closely with trustees, receivers, creditor committees, accountants, real estate appraisers, and other experts and bankruptcy professionals. Garfield & Hecht’s attorneys also have experience in insolvency-related matters, including preference and fraudulent transfer litigation, receiverships, lien and other priority disputes, work-outs, restructures and transactions related to deed-in-lieu and deed-in-aid of foreclosures.

Transactional

 

Garfield & Hecht’s transactional practice covers real estate purchases, sales and development; mergers and acquisitions; lending; commercial transactions; corporations, partnerships, and other business organizations; construction; contracts; municipal and special district law; administrative law (with an emphasis on land use); and landlord/tenant matters.

Real Estate

Garfield & Hecht has the skillset, experience, and talent to analyze, negotiate, manage, review, draft, and document all aspects of a real estate transaction, whether ordinary or complex. Real estate matters handled by our firm include residential and commercial transfers/conveyances; development and redevelopment; resort and recreational development; master planned communities; condominiums; fractional interest projects; leasing (both landlord and tenant representation); acquisition and disposition (both single asset and portfolios); construction, architecture, and design; easements and licenses; title insurance analysis and optimal coverage procurement; historic preservation; financing; foreclosures and loan workouts; entity selection and formation with tax analysis; joint ventures; transactions involving foreign nationals; liquor and general licensing; property tax assessment protests and appeals; 1031 exchange analysis and coordination; land use entitlements; water rights analysis; and transferable development rights.

Business Organizations

Garfield & Hecht has gained extensive experience and expertise over our 40+ year history advising, counseling, and representing clients in connection with virtually every aspect of business, from startup through operation, windup, and/or sale. One of the first and most important decisions a business must make is what type of entity it should form. Colorado recognizes many different types of entities, including limited liability companies, for-profit corporations, non-profit corporations, partnerships, and cooperatives. Garfield & Hecht’s transactional attorneys have the knowledge and expertise necessary to explain the benefits and potential drawbacks of each entity type and help you choose and organize the type of entity that best meets your needs and goals. We can draft and prepare all associated documents, including bylaws, operating agreements, and EIN applications. Our transactional team also has extensive experience representing existing businesses and dealing with the various legal issues confronted by owners. We can help organize related entities, ensure that existing businesses comply with current Colorado law, review and revise organizational documents, serve as the registered agent of your entity, and, if necessary, convert an existing business into a different type of entity.

Construction

Garfield & Hecht attorneys have substantial experience handling construction matters. Our attorneys regularly represent owners, developers, local governments, and community associations in negotiation and drafting of construction, architectural, design and design-build contracts for both new and renovation construction projects. G&H further represents various builders, architects, and owner representatives which enables our attorneys to best navigate the rationale, benefits and downside to certain provisions within these contracts from both a practical and legal perspective. Construction services also include easement and utility permitting and documentation and municipal approval negotiations and documentation. If needed, the Garfield & Hecht litigation attorneys have extensive experience in resolving construction disputes, including mechanics’ liens, construction defect cases and construction damages actions.

Marijuana Law

Colorado embarked on a bold experiment to lead the nation in the legalization of both medical and recreational marijuana. Garfield & Hecht takes no political position on legalized marijuana and represents many clients on both sides of this controversial issue to help them understand federal, state, and local laws. Garfield & Hecht advises our Colorado clients on all aspects of this new and evolving area of law. We have assisted several municipal clients to impose and enforce total bans. In other jurisdictions where voters authorized recreational or medical marijuana, we have drafted and implemented comprehensive zoning and licensing regulations. G&H also advises private clients attempting to navigate this new industry including investors, landlords, lenders, and marijuana businesses themselves. We have also represented neighbors and property owners wishing to oppose these types of businesses. As we advise all our clients, the use, cultivation, distribution, and sale of marijuana remains illegal under federal law.

Real Estate and Community Associations

Whether real estate is our client’s business, a part of an investment portfolio or an asset to be managed, Garfield & Hecht lawyers are highly sought after with a long history of regularly assisting lenders, buyers, sellers, developers, investors, owners, managers, and others with all types of commercial and residential real estate transactions. 

Community Associations

We proudly represent over 150 community associations throughout the Western Slope of Colorado. When you hold a board position or manage a community associations, reliable legal counsel is critical to your successful leadership. Associations are subject to a unique statutory environment through the Colorado Common Interest Ownership Act (“CCIOA”). They also face a range of issues including statutory interpretation, contracts, property, construction defects, corporate governance, fiduciary duties, maintenance, enforcement, collections, litigation, and real estate considerations. Garfield & Hecht provides clients with the expertise and assistance required to protect their interests in this wide range of matters. We assist in addressing violations and resolving disputes through alternative dispute resolution and litigation when necessary. Because our community association attorneys work day in and day out on association matters, we can efficiently and quickly respond to our clients’ needs.

Landlord and Tenant

In today’s vibrant real estate market, rental properties (both commercial and residential) are a commodity that can be fraught with various legal issues. Garfield & Hecht has extensive experience representing landlords, tenants, and property managers in drafting and negotiation of leases as well as with leasing disputes. We resolve disputes, including evictions, wrongful retention of security deposits, lease violations, collection of delinquent rent, warranties of habitability, pets, marijuana, and constructive eviction.

In regard to the recent COVID-19 pandemic, Garfield & Hecht has negotiated lease modifications involving rent deferral, rent forgiveness and related issues. See more in the library.

Property Tax Protests & Appeals

Colorado County Assessors value real estate property every two years. If your property valuation increases, the corresponding tax burden can make a serious impact. We help our clients challenge property valuations to save taxes. Garfield & Hecht can also provide guidance and advice for property owners who have missed the protest or appeal deadlines, as there may be an alternative option such as filing for a tax abatement. 

Land Use Matters

Garfield & Hecht brings a unique perspective to representing land use applicants who seek approvals from Colorado municipalities, counties, and special districts because our practice also includes representing local governments. Our attorneys may be representing a municipal planning board at a public hearing on a Monday evening and then be representing a private landowner or developer before a different board the following day.  We maintain close professional relationships with many local government attorneys and actively participate as a member of the Colorado Municipal League and Special District Association. This allows us to speak the same language as other local government attorneys and staff, who are often happy to work with us because they know that we have the experience working within the restraints of local government law. Our contacts across Western Colorado also give us key insights to assist clients in navigating local politics. Because of Garfield & Hecht’s litigation experience and reputation, local governments also know that we are ready and capable to assert and protect our client’s rights in court when the circumstances are justified.

In oil and gas development title to mineral rights can be a fundamental question in real estate and land use development matters. We assist clients with mineral title research, negotiating oil and gas leases and/or surface use agreements, and roadway, pipeline, or facility easement issues.

Water Rights

Mark Twain said, “Whiskey is for drinking – water is for fighting.” Under Colorado law, water rights are property rights, and water can be every bit as valuable as land or buildings. Garfield & Hecht’s water rights practice is diverse, consisting of both public-entity and private clients including cities and towns, special districts, private associations, ranchers, farmers, community associations, rafters, kayakers, and fishermen. Our Glenwood Springs office is located two blocks from the Division 5 Water Court, which has jurisdiction over the entire Colorado River basin from its headwaters in Rocky Mountain National Park to the Utah border. We also practice in other watersheds and water courts across the state. In addition to Water Court matters, we also handle well permits, ditch easements, water rights sales, water supply analysis, and water-related disputes.

Foreclosures

Garfield & Hecht represents lenders and other creditors in foreclosures involving both commercial and residential real property in Colorado as well as property owners facing such claims. Our attorneys are intimately familiar with the non-judicial Public Trustee system as well as the judicial foreclosure process. Additionally, we assist our clients with bankruptcy issues that may arise during a foreclosure process and with post-foreclosure procedures, including deficiency judgments and rights of redemption. Our attorneys also have experience in negotiating workouts, deed-in-lieu agreements, or other options for lenders, creditors, and debtors as part of the foreclosure process. Garfield & Hecht also has a wide range of experience representing clients in connection with foreclosures involving personal property, including sheriff’s sales and sales under the Uniform Commercial Code.

Real Estate Litigation

Garfield & Hecht’s highly-developed litigation and trial practice includes a wide range of experience and expertise in all aspects of real estate litigation. Our attorneys have successfully represented many different parties with varying interests, including developers, buyers, sellers, associations, and lenders in large-scale residential and commercial real estate disputes. Our attorneys have successfully litigated matters related to easement disputes, adverse possession, partition actions, and disputes regarding spurious liens. Real estate litigation is a multidiscipline practice requiring knowledge of land use and municipal regulations, contract law, real estate financing, landlord-tenant law, foreclosures, and construction law. Our trial attorneys are knowledgeable and experienced in each of these areas.

Insurance

Garfield & Hecht has successfully represented insureds in various insurance coverage disputes with large insurance carriers. In “first party” coverage disputes, we have represented communities and commercial property owners in obtaining compensation for casualty property losses after the insurance carrier initially denied the communities’ or commercial property owners’ insurance claims. In “third party” coverage cases, we have represented construction professionals in convincing the insurance carrier to provide a defense to our clients where construction defect claims were asserted against the construction professional and to acknowledge the insurance carrier’s duty to indemnify the client in connection with any potential settlement or judgment even though the insurance carrier initially denied its duties to defend and indemnify. Finally, we also represent real estate developers in determining the appropriate types and amounts of insurance coverage as part of the client’s risk management program.

Banking & Lending

In addition to the Garfield & Hecht’s extensive experience representing banks and borrowers who obtain bank financing, G&H also represents private, non-institutional lenders and borrowers in connection with other types of commercial loans, including “hard-money” real estate loans, business loans, lines of credit and asset-based financing. Garfield & Hecht’s expertise in this area includes negotiation of loan terms, preparation and review of loan documents and the perfection of security interests in various types of real estate and personal property collateral.

Municipalities & Special Districts

Garfield & Hecht has decades of experience representing local governments in Western Colorado. Our local government team includes attorneys with collectively over 50 years’ experience, as well as trial attorneys well versed in election and Colorado Open Meetings Law and Open Records Act litigation, all supported by a capable team of legal professionals. Garfield & Hecht’s local government representation includes general counsel services as well as special counsel for water rights matters, prosecution services, and specific litigation. We use a team approach in representing local governments to allow for flexibility in attending board/council meetings and providing expertise in specific areas of local government representation. G&H is a member of the Colorado Municipal League and regularly participates in CML’s conferences.We have handled litigation for local governments in state and federal courts, including the Colorado Supreme Court.

Special Districts

Special Districts are a unique breed of governmental entity and exist for a designated purpose or to offer specific services. Examples of services offered by Colorado special districts include water and sanitation; transportation; parks & recreation; pest control; libraries; fire, health, and emergency services; economic and infrastructure development; and others. Garfield & Hecht offers decades of experience in representing special districts. Our attorneys have experience in the areas of district formation, funding, and financing; elections; TABOR compliance; general district governance issues; and more. Garfield & Hecht has the necessary expertise and resources to provide special districts with top-tier, comprehensive representation.

Estate Planning

Estate planning can be helpful during your life, as well as after your passing. A clear estate plan often makes things easier for family members after a loss. Garfield & Hecht offers a variety of estate planning packages depending that may include:

  • Advance Directive/Living Will
  • Medical Power of Attorney
  • General Durable Power of Attorney
  • Will
  • Revocable Trust
  • Instructions for a celebration of life or memorial service

We customize our estate plans for our clients and look forward to speaking with you about your needs.

 

Family Law & Divorce

Garfield & Hecht has extensive experience representing clients in family law matters. Garfield & Hecht handles both simple and complex disputes involving divorce/dissolution, parenting time, child custody, child support, spousal support/alimony, and division of assets and debts. G&H attorneys have the training, expertise, and experience to successfully resolve family law matters through negotiation, trial, and/or appeal.

Pro Bono

Garfield & Hecht has a deep commitment to giving back to the communities where our employees live and work. Since 2007, G&H has given over $350,000 to worthy charities throughout the Western Slope of Colorado. Along with charity donations, G&H provides pro bono and reduced-rate assistance to nonprofit organizations and qualified individuals with the same level of professionalism that we provide to our paying clients.

 

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