Tracy Kinsella

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, 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 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.

Vail Christian High School, Member of Board of Directors, 2014-present.

Ski and Snowboard Club Vail, Volunteer for Alpine ski races, and holds certificates in Timing & Calculations and Competition Official.

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

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