Erik Foster

Erik Foster

Attorney Profile

Top Rated Real Estate Attorney in Denver, CO

Moye White LLP
 | 1400 16th St Mall, 6th Floor
Denver, CO 80202
Phone: 303-292-2900
Fax: 303-292-4510
Selected To Super Lawyers: 2009 - 2020
Licensed Since: 1986
Practice Areas:
  • Real Estate: Business (60%),
  • Land Use/Zoning (40%)
Attorney Profile

Erik has focused on transactional real estate for the past 33 years. As a former member of the Real Estate Section Council of the Colorado Bar Association, Erik has held an AV Preeminent rating from Martindale-Hubbell for the past 16 years, has been honored as a Colorado Super Lawyer and Colorado Corporate Counsel Super Lawyer for the past 11 years, and has recently been recognized for his skill sets by Best Lawyers.

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 multifamily 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 multifamily projects, closing real estate transactions across the country each year. Erik is also one of only a handful of LEED AP certified attorneys in 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 continually changing business and real estate cycles. Erik is an expert at finding practical resolutions to complex problems.

About Erik Foster

Admitted: 1986, Colorado

Professional Webpage:


  • Order of the Coif
  • Martindale-Hubbell Rating: AV® Preeminent™ (highest), Martindale-Hubbell Rating: AV® Preeminent™ (highest), Martindale-Hubbell
  • 2009 - 2018, Colorado Corporate Counsel Super Lawyer, Colorado Corporate Counsel, 2018
  • Best Lawyer - Real Estate Law, Best Lawyer, U.S. News & World Report, 2019

Special Licenses/Certifications:

  • Licensed to practice law in in North Dakota, 2014
  • Licensed Colorado Real Estate Broker (currently inactive), 1979
  • Leed AP (U.S. Green Building Council Leadership in Energy and Environmental Design Accredited Professional)

Bar/Professional Activity:

  • Denver Bar Association, Member, 2019
  • Colorado Bar Association, Member, 2019

Pro bono/Community Service:

  • President, Soda Creek Property Owners Association, 2005 to present Board of Directors, Hidden Valley Mutual Water Company, 1992 to present

Scholarly Lectures/Writings:

  • Today’s developers face increasing market pressure and community expectations to build green. As the U.S. Green Building Council (the developer of the LEED green building rating system) likes to say, “If you’re not building green, you’re building obsolete.” Nevertheless, the inherent risks of building green are substantial and cannot be overlooked. Continue Reading, Co-author, Building Green - Risks and Rewards, Colorado Real Estate Journal, Real Estate, 2014
  • The Colorado legislature has assigned responsibility for the regulation of the subdivision of land into less than thirty-five acre parcels to the counties and home rule cities. See C.R.S. § 30-28-101 et seq. Generally, anytime a parcel of land is subdivided into one or more parcels, any one of which contains less than thirty-five acres, the subdivision must go through a county/city approval process. Under C.R.S. §30-28-110(4) (commonly referred to as “SB35”), it is a misdemeanor to sell improperly subdivided land. Continue Reading, Co-author, Subdividing land in Denver: I say 'simple,' you say 'not so', Colorado Real Estate Journal, Real Estate, 2013


  • Jelen & Son, Inc. V. Kaiger Steel Corp.,807 P.2d 1241 (Colo. App. 1991), 1991
  • Campbell v. Summit Plaza Assocs.,192 P.3d 465 (Colo. App. 2008), cert. denied (Colo. 2008), 2008
  • In re Blinder, Robinson & Co.,135 B.R. 899 (Bankr. D. Colo. 1992), 1992
  • In re Union Square Dev. Co.,140 B.R. 544 (Bankr. D. Colo. 1992), 1992
  • Levy-Wegrzyn v. Ediger,899 P.2d 230 (Colo. App. 1994), cert. Denied (Colo. 1995), 1995

Other Outstanding Achievements:

  • Presenter“Mediating Green Projects and Construction Disputes,”ABA Spring Conference, 2010, 2010
  • Program Chair12th Annual Real Estate Development Conference, 2007, 2007
  • Presenter"Energy Efficiency and Green Building Issues”CLE Colorado, 2010, 2010
  • “Green Building Issues - Appraisers Need Our Help Now!”Southern Colorado Sustainability Conference, 2010, 2010
  • Panelist"Project Planning and Land Development in the Bakken,"Bakken Construction Summit, Bismarck, North Dakota, September 2013, 2013
  • Panelist"Business in the Bakken,"April 2014, 2014
  • Speaker“Building Condominiums and Avoiding Construction Defect Litigation”Moye White’s “Hot Topics in Real Estate: How Are You Affected?” seminar, August 2014, 2014

Educational Background:

  • Colorado College, 1976

Industry Groups

  • Sustainable Building & Construction
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Office Location for Erik Foster

1400 16th St Mall
6th Floor
Denver, CO 80202

Erik Foster:

Last Updated: 12/6/2019

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