Practice Areas: Real Estate, Business & Corporate, Tax
Licensed in Colorado since: 1980
Education: University of Miami School of Law
Languages Spoken: English, Russian
Selected to Super Lawyers: 2007 - 2012, 2015 - 2023 
Free Consultation Sherman & Howard L.L.C.
730 East Durant AvenueSuite 200
Aspen, CO 81611 Phone: 970-925-6300 Email: B. Joseph Krabacher Visit website
Details
B. Joseph “Joe” Krabacher represents sophisticated clients, providing exceptional counsel for over 40 years.
Considered by his clients, contemporaries, and counterparties to be one of the top legal talents in real estate, business and tax transactions, Joe Krabacher brings an interdisciplinary approach to his representation of national developers and builders, as well as lenders, individual investors, owners, and family offices. In 2020 and 2021 he successfully negotiated, documented, and closed over 180 transactions totaling more than $1.4 billion.
Joe has degrees in finance and accounting, graduated first in his law school class of over 360, and was an Editor of the Law Review, and delivers clear thinking and consistently superior guidance to his clients. He is widely recognized as tactical and strategic in his approach, while remaining focused on the economics of the transactions, and has been highly successful in closing complex transactions while managing client risks and objectives.
He co-founded, owned, and operated several successful private companies, including an international satellite and fiber optics telecommunications business (working in Russia for ten years and in China for six years), a US based residential and multifamily construction company, and a green-tech manufacturing venture. This background provides him with a unique, well-rounded perspective and practical, firsthand experience in handling the types of issues his clients face.
His experience includes representing issuers in private placements of debt securities and guiding clients through mergers, acquisitions, dispositions, joint ventures, business restructurings, venture capital transactions, and corporate and nonprofit governance matters.
Joe is co-founder with his wife of HaitiChildren.org, formerly known as Mercy & Sharing, a charity operating orphanages, schools, and feeding programs in Haiti for 28 years. He is also licensed as a multi-engine, commercial, instrument-rated pilot. In his spare time he enjoys music, playing the flute, saxophone, guitar and piano, and is an avid skier, snowboarder, and wind-surfer.
First Admitted: 1980, Colorado
Professional Webpage: https://shermanhoward.com/attorney/b-joseph-krabacher
- University of Miami School of Law JD Magna Cum Laude (Class Valedictorian), 1979
- University of Iowa - BBA Degree with Major in Finance and Minor in Accounting Magna Cum Laude, 1976
- Wooldridge Homes, Inc. v. Bronze Tree, Inc., 558 F.Supp. 1085, Fed.Sec.L.Rep. P 99,167 (1983), 1983
- Trueman Aspen Company v. North Mill Investment Corporation, 728 P.2d 343 (Colo. App. 1986), 1986
- Pardee v. Mostow, 757 P.2d 1148 (Colo. App. 1988), 1988
- Maddalone v. C.D.C., Inc., 765 P.2d 1047 (Colo. App. 1988), 1988
- Mountain Queen Condominium Association, Inc. v. Haan, 753 P.2d 1234 (Colo. App. 1988), 1988
- Bert Bidwell Investment Corp. v LaSalle and Schiffer, 797 P.2d 811 (Colo. App. 1990), 1990
- Westpac Aspen Investments, LLC v. Residences at Little Nell Development LLC, 284 P.3d 131 (Colo. App. 2011), 2011
- Peters v. Smuggler-Durant Mining Corp., 910 P.2D 34 (Colo. App. 1995), 1995
- Colarelli Construction Inc. v. Quinn, 17 CA 063 (Colo.App 2018), 2018
- Kaufman v. Solaris Property Owner LLC, 11CA 0244 (Colo. App. 2012), 2012
- Water Rights and Mineral Rights in Colorado, The Skinny on Water Rights and Mineral Rights in Colorado, Real Estate, 2018
- Why Understanding Title Insurance is Important, Why Understanding Title Insurance is Important, Real Estate, 2018
- Real Estate Loan Drafting Guidance: Colorado, Co-Author, Real Estate Loan Drafting Guidance: Colorado, Thomson Reuters, Banking, 2020
- Tax Planning for Real Estate Lawyers, Lecturer, Tax Planning for Real Estate Lawyers, 26th Annual Real Estate Symposium CLE in Colorado, Inc., Real Estate, 2008
- Guide to Condo Conversions For Contractors & Developers, Lecturer, Guide to Condo Conversions For Contractors & Developers , Sherman & Howard Construction Seminar, Contruction, 2015
- Designer Liability for Construction Defects, Lecturer, Designer Liability for Construction Defects, Sherman & Howard Construction Seminar, Construction, 2018
- Colorado Mechanics Liens for the construction industry, Lecturer, Colorado Mechanics Liens, Sherman & Howard Construction Seminar, Construction, 2020
- Analysis of mechanics lien law in the context of foreclosures in Colorado construction projects, Author, Confusion in the Crosswalk: the Difficult Intersection of Mechanics Lien Law and Foreclosures in Real Estate Construction Projects, Colorado Bar Association Real Estate Council Newsletter, 2012
- Analysis of agricultural land tax classification for real property assessment and tax purposes, Author, Agricultural land classification Anti-Abuse Provisions Target "Gentlemen'" Farm and Ranch Tax Breaks, Colorado Bar Association Real Estate Council Newsletter, 2011
- Analysis of indemnification provisions in shopping center leases, Author, Colorado Supreme Court Upholds Indemnification of Landlord by Tenant for Failure of Landlord to Maintain Shopping Center Parking Lot, CBA Real Estate Council Newsletter, 2011
- Analysis of the use and purposes of construction lender disburser notices in Colorado construction projects, Co Author, Construction Disburser Notices: Tools for Troubled Times, Colorado Bar Assocation Real Estate Council Newsletter, 2010
- Analysis of installment land contracts and statutory requirements for enforceability, Co Author, Installment Land Contracts: A Potential Trap for the Unwary, Colorado Bar Association Real Estate Council Newsletter, 2010
- Analysis and legal and financing issues in real estate tenancy in common structures, Author, Tenancy-in-Common: Financing and Legal Issues, The Colorado Lawyer, 2004
- AV rated by Martindale Hubbell, Martindale Hubbell, Lawyers.com , 2022
- Class Valdedictorian, University of Miami School of Law, 1979
- Book Awards for highest grade in Estate & Gift Taxes; Corporate Taxes, University of Miami School of Law, 1979
- NITA Advocate Designation by the National Institute of Trial Advocay, NITA Advocate, NITA, 2022
- Recipient American Jurisprudence Book Awards Contracts, Civil Procedure I, Civil Procedure II, AmJur, American Jurisprudence, 1979
- Co Founder of Mercy & Sharing which operates orphanges, primary schools, feeding programs, handicapped therapy center, water projects and a vocational/trade school and adult literacy classes at nine locations in Haiti, including the slums of Cite Soliel. Mercy & Sharing has raised and distributed over $25 million in aid and humanitarian through its projects in Haiti. Last year Mercy & Sharing provided over 850,000 meals to more than 5,000 children and elderly (1994-present), 2022
- Represented purchaser in acquisition of $50,000,000 single-family residence in Aspen, Colorado, featured in the Wall Street Journal, 2022
- Represented lender on refinancing of $70,500,000 commercial loan in Beaver Creek, Colorado, 2022
- Represented purchasers and sellers on transactions exceeding $750,000,000 on 100+ residential, hotel, land, and condominium properties in western Colorado, 2021
- Ground lease workouts in Colorado, New Mexico and Idaho of over $8,500,000, 2021
- Reorganization of fractional time-share project in western Colorado involving 1,000+ time shares interests, 2021
- Represented residential developer in multiple redevelopment projects exceeding $56,000,000, 2021
- Represented seller in $68,000,000 hotel sale, 2021
- Represented lender on refinancing of $70,500,000 commercial loan in Beaver Creek, Colorado, 2022
- Represented lender on $32,550,000 construction loan for 160-unit multi-family project in Denver CO., 2020
- Represented purchaser in ultra-luxury single-family residential acquisition in Pitkin County CO ($31,850,000)., 2020
- Represented borrowers on $15,100,000 refinancing of three ground leased commercial properties in Colorado, California and New Mexico., 2020
- Represented purchasers and seller on transactions exceeding $750,000,000 on 80+ residential, land, and condominium properties Aspen, Snowmass, Woody Creek, Basalt, Carbondale, & Glenwood Springs CO., 2020
- Represented issuer in formation and private placement for equity/hedge fund focused on options and derivatives trading strategies, 2020
- Represented purchaser in ultra-luxury penthouse acquisition in Aspen, Colorado ($11,234,000), 2020
- Represented purchaser in ultra-luxury residential acquisition in Pitkin County CO ($21,500,000), 2020
- Represented issuer in equity private placement for electronic-sports gaming, 2020
- Represented owner in refinancing of CA, CO and NM commercial properties during COVID-19 lockdown, 2020
- Represented issuer in covered call hedge fund , 2020
- Represented seller in acquisition, site development, and sale of two largest single family residential sites in history of Aspen, Colorado ($21,000,000 and $24,200,000),, 2019
- Represented clean-tech manufacturing company in sale of controlling interest to NASDAQ listed company, 2020
- Represented lender in $6,700,000 credit facility for ski wear apparel manufacturer, 2022
- Represented owner in $43,000,000 refinance of two hotels in Snowmass Village, CO, 2018
- Represented seller in acquisition, development, and sale of “Millionaire Miners Cabins” in Aspen CO that were the subject of November 2, 2018 Wall Street Journal feature story ($18,500,000), 2019
- Represented purchaser in acquisition of Burger King single tenant facility in Montana., 2019
- Represented manufacturer/international distributor of skin care products in asset sale to foreign controlled distributor ($20,000,000), 2020
- In-bound investments from Australia, Singapore, New Zealand, Netherlands, Saudi Arabia and out-bound investments in Argentina and Uruguay, 2021
- Representation of general contractors, owners and architects in construction project documentation for commercial, residential and mixed use construction projects , 2020
- Represented manufacturer of water reduction valve in patent licensing and distribution agreements, 2020
- Representation of Aspen Board of REALTORS® on real estate brokerage regulatory, licensing, and related matters, 2022
- Represented developer in 140-unit single family and multi-family development in Basalt, Colorado, 2018
- Represented lender in $42,750,000 acquisition and construction loan for Denver, Colorado mixed use project, 2017
- Represented 64-lot owners association in adoption and implementation of novel tree height restrictions throughout subdivision, 2018
- Represented buyer in acquisition of 21,793 acre ranch in Moffat County, Colorado, 2017
- Represented buyer in acquisition 500+ acre ranch near Steamboat Springs, Colorado, 2017
- Current Member and former Chair and Vice-Chair of the Pitkin County Planning and Zoning Commission, 2022
- Member of Pitkin County Board of Adjustment, 2011
- Co-Chair of Aspen Area Community Plan Master Plan for the City of Aspen , 2012
- President of Pitkin County Bar Association, 1989
- Editor of The Colorado Lawyer - Real Estate Newsletter (1992-1994), 1994
- Member of Real Estate Council of the Colorado Bar Association Section of Real Estate (1991-1994), 1994
Office location for B. Joseph Krabacher
730 East Durant Avenue
Suite 200
Aspen, CO 81611
Selections
- Super Lawyers: 2007 - 2012, 2015 - 2023