Tracy L. Kinsella
Of Counsel
Contact Information
Email: tkinsella@garfieldhecht.com
Phone: 970-949-0707
Fax: 970-949-1810
Education
J.D. William Mitchell College of Law, 1996
Law Review Staff Member, 1994-1995
B.S. in Business Management, University of Minnesota, Carlson School of Management, 1992
Court Admissions
Colorado (1996) Minnesota (1997, currently inactive) United States District Court, District of Colorado (1997)
Bar Associations
& Professional Societies
Colorado Women’s Bar Association
Practice Areas
Contracts, construction, development, dispute resolution, estate planning, financing, community associations, leasing, and real estate.
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Experience
At Garfield & Hecht, Tracy is a transactional attorney with more than 25 years of experience advising clients in the areas of contracts, construction, development, dispute resolution, estate planning, financing, community associations, leasing and real estate.
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 community associations providing advice regarding the Colorado Common Interest Ownership Act (“CCIOA”), collections, contracts, construction defects, corporate governance, enforcement, fiduciary duties, litigation, maintenance, 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 construction project, a $340 million financing arrangement and negotiated purchase and sale documents for hundreds of 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.
Tracy graduated from the Carlson School of Management, University of Minnesota in 1992 with a Bachelor of Science Degree in Business Management and received her J.D. from William Mitchell College of Law in 1996. Tracy previously worked at the Colorado Attorney General’s Office, Exclusive Resorts and Vail Resorts Management Company.
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 counterclaim was rejected by the arbitrator.
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.
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