Attorneys at law
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1400 16th Street
Denver CO 80202-1486
Colorado tel 303 292 2900
North Dakota tel 701 264 3005
fax 303 292 4510

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Moye White
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Moye White
May 30, 2017

Erik K. Foster


Erik Foster has focused on transactional real estate for the past 25 years. He regularly represents one of the country’s largest title insurance companies, handling risk exposures from a few thousand dollars to over $100 million. Erik’s clients include national real estate developers in commercial, industrial, residential and multi-family projects, closing hundreds of millions in real estate transactions across the country each year. Erik is also one of only a handful of LEED AP certified attorneys in the state of Colorado.

Erik has experience coordinating public – private partnerships in the development and preservation of commercial real estate projects utilizing TIF financing, block grants, tax credits and a host of other financing sources and techniques. Erik was instrumental in the real estate structuring for the redevelopment of the Denver Dry Building, as well as the Downtown YMCA Building, the Downtown Tattered Cover Bookstore Building, and multiple residential projects for the Colorado Coalition for the Homeless. Erik was also lead counsel representing InnerCity Community Development in the preservation and renovation of the 3800 York Project, employing a unique combination of financing sources including MOED, DURA, TIF, Historic Façade Credits, Federal Grants, and a public-private partnership with Colorado Santa Fe. Each of these projects required multiple layers of public-private cooperation, financing and innovative legal representation.

Erik has represented residential, commercial and multifamily developers in commercial assemblage and zoning projects ranging in size from a few dozen acres to over 1,000 acres. Erik has drafted condominium and CC&R documents for mixed use projects, multifamily developments, an 1,100 acre equestrian community and a Jack Nicklaus golf course community.

Well-prepared and dedicated, Erik counsels clients in the selection and formation of business entities, negotiation of commercial leases, resolution of construction defect claims, and litigation avoidance. He has seen his clients through constantly changing business and real estate cycles. Erik is an expert at finding practical resolutions to complex problems.

Speaking engagements and publications
  • Speaker on “Building Condominiums & Avoiding Construction Defect Litigation” at Moye White’s “Hot Topics in Real Estate: How Are You Affected?” seminar, August 28, 2014
  • Panelist, "Business in the Bakken," April 17, 2014
  • "Building Green - Risks and Rewards," Colorado Real Estate Journal, April 2, 2014
  • Panelist, "Project Planning and Land Development in the Bakken," Bakken Construction Summit, Bismarck, North Dakota, September 25, 2013
  • "Subdividing land in Denver: I say 'simple,' you say 'not so,'" Colorado Real Estate Journal, August 21, 2013
  • “Mediating Green Projects and Construction Disputes,” ABA Spring Conference, 201
  • “Green Building Issues – Appraisers Need Our Help Now!” Southern Colorado Sustainability Conference, 2010
  • Energy Efficiency and Green Building Issues”, CLE Colorado, 2010
  • Program Chair, 12th Annual Real Estate Development Conference, 2007


Reported decisions
  • 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)


Real estate

Areas of concentration
Real estate
Commercial lending/leasing
Construction law

Education and credentials
University of Cincinnati, J.D
The Colorado College, B.A.
Member of the Law Review,
  Order of the Coif
Thomas Logan Scholar
Potter Stewart American
  Inns of Court
American Jurisprudence
  Award in Constitutional Law
Martindale-Hubbell Rating:
  AV® Preeminent™ (highest)

Colorado Super Lawyer
  2009 - 2015

Colorado Bar Association -
  Real Estate Section;
  Litigation Section;
  Environmental Law Section;
  Bankruptcy Subsection/
  Business; Construction 
  Law Section; Business
  Law Section
Denver Bar Association
Soda Creek Property Owners
  Association, President
Hidden Valley Mutual Water
  Company, Board of
  Directors 1990-present
NAIOP, the Commercial Real
  Estate Development
  Association, Member
POETS, Member

North Dakota