David Kelly Law
A Professional Corporation
Serving the Roaring Fork Valley in Colorado
ASPEN - BASALT - CARBONDALE - GLENWOOD
Contact Me
Firm Overview
David Kelly Law P.C. offers the experience of a seasoned trial and transactional attorney with the perspective of a long-time Aspen resident, practicing here for more than 30 years. Rooted in the values of Colorado’s mountain communities, the firm provides skilled representation in construction, real estate, litigation, and arbitration matters. His approach combines the rigor of big-firm experience with the personal attention and integrity of a local practice—helping clients navigate complex legal challenges while protecting the places and projects that make Colorado home.
Areas of Practice
Litigation
David’s litigation practice has focused on business, construction and real estate disputes, with an expertise in contract law, fraud and misrepresentation. This involves in-depth knowledge of diverse areas of the law as well as the ability to digest and explain complex transactions, projects and contracts. Equally important is the ability to pivot and devise new strategies when adverse facts are discovered. Concise and powerful motion practice can shape an entire case and what evidence will be allowed at trial. David has argued cases in state and federal courts and aggressively pursued appeal when errors have occurred. An important skill is being able to negotiate the best settlement possible when settlement is the best or most efficient action.
Arbitration
With the court system increasingly backlogged, it can take years for a complex commercial case to get to trial. David thus frequently recommends that the clients specify arbitration in their contracts and pursue arbitration or other alternative dispute resolution whenever possible. Arbitration hearings require an adapted skill set, knowing that the proceedings are not bound by the same rules of evidence as a state or federal court lawsuit, but are instead limited by what the arbitrator feels is relevant and persuasive. Presentations must also be tailored for your arbitrator and will differ based on your arbitrator’s industry or judicial background.
Real Estate
David’s practice includes the full gamut of real estate transactions, from one-bedroom and studio condominiums to some of Aspen’s highest dollar value real estate purchases. David’s expertise ranges from the review and protection of fractional interests to the purchase and sale of downtown office buildings. In performing due diligence, especially with respect to vacant land transactions, it is equally important to know the best specialists and to be able to recommend and work with the right bankers, land use planners, water attorneys, builders and architects. David has extensive experience representing real estate developers, particularly with respect to speculative single family and condominium development. As the name suggests, a speculative investment involves increased downside risk, but can also generate disputes over profit taking and management if not properly documented. David has litigated all aspects of the real estate industry, including easements, boundary disputes, partnership and LLC conflicts and accounting, land use challenges, leasing and financing.
Construction
David’s construction law practice specializes in complex, high-value projects, representing general contractors, owners, subcontractors and architects. Modern construction practice typically involves long and short form contract drafting, project specific insurance, financing, full project documentation and regulatory and zoning issues. The touchstone is risk avoidance through increased communication and transparency. On the litigation side, David has spent three decades representing clients in multi-party, complex litigation, arbitration, and mediation proceedings dealing with construction defects, over billing, design and engineering flaws, and mechanic’s lien protection and priority.
Mediation
Virtually all courts and judges now require the parties to participate in a mediation before proceeding to trial, with the implicit requirement that the parties participate in good faith. In federal court, this typically means being referred to the United States magistrate judge for a settlement conference. In state court, there are numerous mediation organizations and solo mediators that will conduct alternative dispute resolution (ADR), with mediators increasingly willing to allow the parties and their advisors to appear remotely. Selecting an arbitrator with the best fit for your case is critical to obtaining a strong, negotiated result for your client. Successful mediations depend on an attorney’s ability to evaluate how much further you can push an opposing party and whether a better result might be obtained closer to trial. Most importantly, a client must be honestly counseled on the potential costs and risks of litigation in order to make an informed decision in any negotiation.
Learn More
Want to get started?
DAVID KELLY LAW
Areas of Practice
Construction
Real Estate
Litigation & Arbitration
Mailing Adress
David Kelly Law, P.C.
Post Office Box 107
Basalt, CO, 81621