Erik K. Foster

Attorney, Transaction Section

Erik Foster has been an avid real property lawyer for more than two decades.  As co-chair of the firm’s real estate group, he focuses on transactional real estate, representing title insurance companies, custom home builders, owners, specialty real estate developers, investors, and tenants, as well as nonprofit affordable housing providers in a host of real property matters.

Erik has been honored as a Colorado Super Lawyer and Colorado Corporate Counsel Super Lawyer for 2009, 2010 and 2011.  Erik is also one of only a handful of LEED AP certified attorneys in the state of Colorado. As such, he assists developers in obtaining LEED “green building” certification for their projects, and counsels contractors, architects, and engineers in the proper drafting of LEED requirements for their specific disciplines.

Known as one of Moye White’s most creative but practical attorneys, Erik seeks opportunities for clients to resolve problems and enhance their business advantages. He offers proactive counsel in matters related to business planning, corporate structure, acquisition, development, disposition, entitlements, finance, commercial leasing and litigation, real property, and construction law. Erik regularly works on purchase and sale of shopping centers, mixed-use, and land development projects.

Well-prepared and dedicated, Erik counsels clients in selection and formation of business entities, negotiation of commercial leases, and resolution of title issues and construction defect claims. He has seen his clients through constantly changing business and real estate cycles. When problems arise, Erik is an avid and experienced member of litigation teams representing clients in state and federal trial and appellate courts, as well as counseling clients in pre-litigation planning, analysis, and avoidance.

Speaking Engagements

• “Mediating Green Projects and Construction Disputes,” ABA Spring Conference, 2011
• “Green Building Issues – Appraisers Need Our Help Now!” Southern Colorado Sustainability Conference, 2010
• Energy Efficiency and Green Building Issues”, CLE Colorado, 2010
• Program Chair, 12^th Annual Real Estate Development Conference, 2007
  

• Campbell v. Summit Plaza Assocs., 192 P.3d 465 (Colo. App. 2008), cert. denied (Colo. 2008)
• Levy-Wegrzyn v. Ediger, 899 P.2d 230 (Colo. App. 1994), cert. Denied (Colo. 1995)
• In re Union Square Dev. Co., 140 B.R. 544 (Bankr. D. Colo. 1992)
• In re Blinder, Robinson & Co., 135 B.R. 899 (Bankr. D. Colo. 1992)
• Jelen & Son, Inc. V. Kaiger Steel Corp., 807 P.2d 1241 (Colo. App. 1991)
• Summit Foods, Inc. v. Greyhound Food Management, Inc., 752 F. Supp. 363 (D. Colo. 1990)