Attorneys at law
16 Market Square 6th Floor
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
All rights reserved.

Moye White
June 18, 2018

Erik K. Foster


Erik is the senior member of the firm’s Real Estate Section and has focused on transactional real estate for the past 31 years. Erik is a former member of the Real Estate Section Council of the Colorado Bar Association, has had an AV Preeminent rating from Martindale-Hubbell for the past 14 years, and has been honored as a Colorado Super Lawyer and Colorado Corporate Counsel Super Lawyer every year for the past nine years.

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, a 1,100-acre equestrian community and a Jack Nicklaus golf course community. Erik has over 20 years of experience representing multi-family developers, including ten years of experience helping them navigate their way through the HUD 221(d)(4) market rate financing maze.

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, FHLBB, 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.

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, 2010
  • “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

Commercial lending
  and leasing
Construction law
Real estate

Education and credentials

University of Cincinnati, J.D.,
  Member of the Law Review,
  Order of the Coif
The Colorado College, B.A.
Thomas Logan Scholar
Potter Stewart American
  Inns of Court
American Jurisprudence Award
  in Constitutional Law

Colorado Corporate Counsel
  Super Lawyer 2009 - Present
Colorado Super Lawyer
  2009 - 2018

Colorado Bar Association,
  Member, Real Estate Section
  Council 2012 - 2015
Martindale-Hubbell Rating:
  AV® Preeminent™ (highest)


Colorado Bar Association:
  Bankruptcy Subsection/Business;
  Business Law Section
  Construction Law Section;
  Environmental Law Section;
  Litigation Section;
  Real Estate Section;
  Denver Bar Association
Denver Bar Association
Hidden Valley Mutual Water
  Company, Board of Directors
NAIOP, Commercial Real Estate
  Development Association, Member
POETS, Member
Soda Creek Property Owners
  Association, President
  2003 - Present

North Dakota