Real Estate Law, Construction Law, and Litigation

The Cohen Law Group has significant experience in residential and commercial real estate transactions, disputes, and litigation. The firm’s attorneys routinely assist clients in drafting and reviewing contracts to buy and sell real estate and related documents. They review and advise clients concerning listing agreements, disclosures, title insurance policies, access issues, closing instructions, settlement statements, promissory notes, deeds of trust, and deeds. The attorneys at Cohen Horner are also well versed in negotiating and reviewing commercial leases, and in litigating commercial leasing disputes.

Any party to a real estate transaction can reduce the risk of unpleasant disputes by consulting qualified counsel at the outset. Though TCLG strives to help clients avoid litigation, the firm prosecutes and defendants a wide range of real estate actions including contract disputes and quiet title actions.

Because TCLG maintains an office in Nederland in addition to its office in Boulder, the firm is thoroughly familiar with the many issues that are often associated primarily with mountain properties, and provides service to mountain clients from Estes Park to Georgetown and Idaho Springs. Issues associated with mountain real estate include boundary disputes, mining claims, prescriptive easements (easements by adverse possession), easements implied by prior use, easements by necessity, easements by estoppel, rights of way, and private condemnation of easements.

TCLG represents a number of real estate brokers along the front range and one mortgage brokerage firm with offices in Denver and Fort Collins, and consequently the firm is fully competent to advise and assist real estate and mortgage brokers in particular transactions and in connection with issues pertaining to their businesses. The firm’s attorneys are well versed in the rules of the Colorado Division of Real Estate and the Real Estate Commission.

“Real Estate Law” is a broad category that includes many specialized areas of the law. It is not possible to list them all, but the firm’s knowledge of agricultural law, wildlife law, and public lands law is of great benefit to the firm’s attorneys in helping clients in a wide variety of real estate matters. Ms. Horner, who is of counsel to the firm, also has significant experience with HUD regulations.

Construction Law and Litigation
TCLG represents owners, contractors, and subcontractors in construction disputes and construction defect and warranty claims. In 2006, Mark Cohen successfully represented a subcontractor in a two-week long jury trial in the Jefferson County District Court arising out of the failure of a retaining wall. In another case he obtained a six-figure arbitration award against a Denver builder, and when the builder was unable to pay the judgment, Mr. Cohen successfully sued the owner of the company in his personal capacity and won a jury verdict that included punitive damages. TCLG also has an established reputation for the successful handling of difficult property damage issues, such as sewage and water damage stemming from municipal mains.

Many construction contracts include an arbitration clause, and TCLG is thoroughly familiar with the Construction Industry Arbitration Rules of the American Arbitration Association. The firm has represented clients in construction arbitration actions before the AAA and in voluntary mediation conducted by an agreed upon mediator.

Mechanic’s Liens and Other Liens
Because TCLG represents a distributor of heavy equipment and several general contractors and subcontractors, the firm is fully experienced in mechanic’s liens, lien foreclosures, and enforcement of lien holder’s rights in bankruptcy. The firm can also advise and assist property owners seeking to have spurious liens declared invalid.

Eminent Domain and “Takings” Law
The firm is also well versed in “takings” law, and its sister concept, eminent domain, concerning the government’s ability to enforce restrictions for the protection of resources and other environmental matters. Ms. Horner represented the National Wildlife Federation as an intervenor on behalf of the State of Wyoming in Clajon Production Corp. v. Petera, 70 F.3d 1566 (10th Cir. 1995), a case involving the ability of the state to issue regulations regarding use of its resources, and when such regulations may become a regulatory taking. She also defended the State of Colorado in amicus briefs pertaining to the constitutionality of Amendment 14, regarding the establishment of laws and regulations for the taking of wildlife.

Condominiums and Homeowners Associations
TCLG advises clients considering converting properties into condominiums, and the firm’s attorneys can prepare all legal documents required to create a common interest community if that is the property owner’s goal.

TCLG represents a mountain homeowners association, and Mark Cohen has also successfully represented several property owners in disputes with homeowners associations.

Home Inspection Law
TCLG represents the International Association of Certified Home Inspectors (“InterNACHI”), a trade association recognized under Section 501(c)(6) of the Internal Revenue Code. Consequently, the firm is familiar with all aspects of home inspection law.