Kyle C. Kreischer

Attorney Profile

Top Rated General Litigation Attorney in Denver, CO

Ciancio Ciancio Brown, P.C.
 | 1660 Lincoln St, Suite 2000
Denver, CO 80264
Phone: 303-451-0300
Fax: 303-464-8000
Selected To Rising Stars: 2012 - 2016
Licensed Since: 2006
Practice Areas:
  • General Litigation (90%),
  • Banking (10%)
    Attorney Profile

    As leader of the commercial and business litigation department of the Broomfield-based law firm Ciancio Ciancio Brown, P.C., attorney Kyle C. Kreischer ensures Colorado clients receive thorough, committed representation in an array of legal areas. Over the past eleven years, he has been a part of well-known business, real estate and construction litigation cases in the Denver Metro area, including recent six-figure and seven-figure settlements and rulings.

    Mr. Kreischer's main areas of practice include:

    • Commercial litigation
    • Special District litigation
    • Construction litigation
    • Commercial banking law
    • Real estate
    • General business litigation

    Also working as the law firm's banking law department lead, Mr. Kreischer successfully oversees the needs of community banks and private lenders in the Denver area in the capacity of outside counsel.  In recent years, Kyle has successfully litigated several lien priority, equitable subrogation, and UCC disputes on behalf of his firm's banking and private lending clients.  Over the past eight years, Kyle has helped this client base restructure certain nonperforming commercial real estate loans into performing loans, totaling approximately $75 million.

    Kyle has also focused his litigation department's practice in recent years on Special District litigation and has successfully litigated several complex disputes on behalf of Colorado Special Districts, including a multi-million dollar public project construction dispute on behalf of one of the state's highest profile water and sanitation districts and several similarly high-profile construction defect and related disputes for other Fire, Water, and other Special Districts.  

    For the firm's business clients, Kyle works on behalf of individual business owners and as outside general counsel for multiple business entities in various fields of commerce to avoid costly litigation or to negotiate reasonable settlements of disputes for his clients.   For instance, Kyle achieved the goals a well-known international coaching school client via arbitration in a dispute involving several million dollars in economic and lost profits' damages.   

    Additionally, Kyle has become outside general counsel for one of the most rapidly growing restaurant partnerships in the Denver metro area, assisting with the opening of 3 different restaurant concepts over the past 2 years. 

    Outside of the law office, is the current chair of the Anythink Foundation's board of directors, the foundation which supports Anythink Libraries, one of the most nationally and internationally renowned and innovative public library districts which is located in Adams County, Colorado and continues to provide pro bono legal services to a wide variety of individuals and non-profit entities in need. 

    Along with his JD from the University of Denver College of Law, Kyle also earned an LL.M. in Environmental Law, magna cum laude, from the Vermont Law School, where he completed his thesis work on citizen participation in the listing and protection of endangered species under the Federal Endangered Species Act.  He is a member of the Adams/Broomfield Bar Association. He is admitted to practice in Colorado; U.S. District Court, District of Colorado; the Tenth Circuit Court of Appeals and the United States Tax Court.  Kyle is also licensed to practice law in the State of Washington. 

     
    Practice Areas
    • 90%General Litigation
    • 10%Banking
    Focus Areas

    Litigation

    Selections

    top-imageSelected to Rising Stars for 5 years

    Rising Stars: 2012 - 2016

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    About Kyle Kreischer

    Admitted: 2006, Colorado

    Professional Webpage: https://www.colo-law.com/Attorneys/Kyle-C-Kreischer.shtml

    Honors/Awards:

    • Received honor for obtaining highest grade in class for Federal Wildlife Law, Academic Excellence Award (AmJur), University of Denver College of Law, 2000
    • Received honor for obtaining highest grade in class for Constitutional Law II, Academic Excellence Award (AmJur), University of Denver College of Law, 2000
    • Received honor for obtaining highest grade in class for Ecology and Environmental Science., Academic Excellence Award (AmJur), Vermont Law School, 2001

    Special Licenses/Certifications:

    • Became licensed to practice law in the State of Washington (along with the State of Colorado).  WA Bar Number:  56398, 2020

    Bar/Professional Activity:

    • Member, Colorado Bar Association
    • U.S. District Court, District of Colorado, 2006
    • Colorado
    • Member, Adams and Broomfield County Bar Association  
    • Member, American Bar Association

    Pro bono/Community Service:

    • Represented several commercial tenants in negotiations with their commercial landlords regarding the effects of the covid-19 shutdown. , 2020
    • Represented a child sexual abuse caseworker-employee of the City of Denver's Human Services Department in a Career Service Authority disciplinary action, appeal, and mediation regarding the employee's alleged conduct and discipline by the department, ultimately resulting in a settlement.  All services (approximately 50hrs of attorney time and 10hrs of paralegal time) were performed at no charge to the client (2012-13).  Represented a current active military member and his family in a dispute with a credit union regarding the credit union's improper repossession of his vehicle while he was actively deployed overseas and achieved successful resolution.  All services provided pro bono with no charges, including costs (approximately 25 hrs of attorney and paralegal time) (2015).  
    • Provide various legal services, pro bono, to Shelter Me Photography, a Colorado 501(c)(3) organization dedicated to the welfare of non-human animals, 2011 - 2014
    • Anythink Foundation (f/k/a Rangeview Library Friends Foundation), Chair/President (current), Board of Directors, 2010 - Present

    Scholarly Lectures/Writings:

    • Wrote thesis for LL.M. in Environmental Law and Science entitled:  "The Effect of Citizen Participation on the Listing of Species under the Endangered Species Act: An Empirical Regulatory Analysis.", 2003
    • There are many thousands of people who show up to their jobs in Colorado and complete their work-related tasks. Most of these workers are ethical, trustworthy and hardworking. Some of these people may be surprised that despite their efforts, they are terminated from their positions, making them question whether they were the victim of wrongful termination.  Many states, including Colorado, are considered "at will" when it comes to employment. This means that an employee can be fired for any reason. The only reasons that are prohibited are those that are in violation of an employment contract or those that are deemed unlawful, such as discriminatory reasons related to age, gender, disability or religion as well as retaliating against an employee for reporting illegal practices., publisher, Responding to suspected wrongful termination in Colorado, Business Law , Business Litigation; Employment Litigation, 2020
    • Maybe you entered into a business partnership with your college roommate or shifty brother-in-law. Or perhaps it was a partnership with your spouse, but now your marriage has hit the skids. Either way, it's become crystal clear that it's time to cut business ties with this person. So, what's next?, publisher, Breaking Up (With Your Business Partner) Is Hard To Do, Business Law , Business Litigation; Business Transactional, 2020
    • Due to the sheer number of workers that are often involved in a construction project, there may be a greater potential for disputes that escalate into construction litigation. For example, the entities involved in a construction project may include municipalities, contractors, subcontractors, developers, homeowners associations or zoning authorities, and others.  What kind of problems might give rise to litigation? Perhaps delays arose due to unexpected mechanical or supply issues. Zoning challenges might arise even after a developer has obtained the necessary permits and construction on the project has begun. Financing issues might result in mechanic’s liens being filed. Disputes over the quality of work may lead to construction defect claims, which are among some of the most common types of construction litigation. Given the complexity of modern construction projects, it is important to safeguard against liabilities to the maximum extent possible. Yet is insurance coverage a safeguard against construction litigation arising from an alleged defect? The answer depends on several factors. A contractor may have a general liability policy that includes coverage for property damage caused by an accident or occurrence. However, an attorney that focuses on real estate litigation knows that a court may not agree that a construction defect qualifies as an occurrence. The plaintiff may argue that the contractor should be held accountable in a court of law because construction work is attributable to negligence or substandard work, not an accidental or unforeseen occurrence.  The determination of whether construction defects are covered by insurance may also depend upon the specific type of insurance. According to a recent article, contractors may be tempted to procure controlled insurance programs, or CIPs, for specific construction projects. CIPs generally offer liability coverage to most or all of the workers on a specific construction site, including subcontractors. CIPs may also offer bundled savings and a consolidated claims procedure. However, CIPs may also contain substantial differences from a contractor’s general liability policy.  There may be residential exclusions, shared limits that could exhaust coverage, and other limitations for how post-completion repair and warrant work is covered. An attorney that focuses on construction law can review such policies to advise clients of potential pitfalls. , Can you insure against construction defects and avoid litigation?, Insurance Journal, “Construction Insurance Trends to Watch in 2015,” Jody T. Wright, Tom G. McCall, and Tony Page, Jan. 21, 2015, Construction; Litigation, 2015
    • Article appeared in Law Week's October 18, 2013 Issue.  , Author, Liquidated Damages Provisions Lead To Common Disputes, Law Week, 2013
    • Article appeared in Law Week's December 11, 2014 Issue., Author, Representing Special Districts In Disputes, Law Week, Law, 2014

    Verdicts/Settlements:

    • Negotiated a high six-figure settlement for a Colorado water district after nearly 3 years of litigation.  , 2019
    • Kyle has focused his practice on complex business litigation matters and has been involved in some of the more prominent litigations involving the business, real estate development, and construction communities in the Denver Metro, Boulder, and Eagle County areas over the past fourteen (14) years.  In the past few years, Kyle has successfully litigated and settled multiple six and seven figure business, real estate, and construction litigations, as well as successfully pursued and litigated a CRCP 60 motion on behalf of a former defendant who had previously had a seven-figure judgment entered against him in Arapahoe County, a major arbitration involving an international partnership, a family trust, family corporation, and family business, on behalf of one of the trust's beneficiaries and the general partners of the partnership.   Over the last 7 years, Kyle has obtained successful results in a complex multi-year multi-million dollar public project construction litigation on behalf of one of the state's highest profile water and sanitation districts, successfully negotiated a 7-figure settlement on behalf of a water district in southwestern Colorado, a complex licensing arbitration on behalf of a well-known international coaching school, successfully settled a federal district court litigation on behalf of one national mortgage company in a litigation filed by another national mortgage company, as well as lien priority, equitable subrogation, and UCC disputes for several community bank and private lending clients.   In the past year, Kyle has been involved in several complex disputes and litigations involving several special districts located throughout the State of Colorado, including disputes arising in Durango, Colorado and Avon, Colorado.  Kyle has also worked in the past year on successful construction litigations and mediations involving various construction companies and home owners associations, and has continued to act as outside litigation counsel for a Colorado community bank, several Colorado special district entities, and outside general counsel for numerous Denver-based businesses. 

    Transactions:

    • Represented owner and officer of a longstanding Colorado sheet metal company in negotiations for the buyout of his interest in the company as well as the related real estate holding company.  , 2019
    • Over the past ten years, Kyle has overseen and help to formulate several significant commercial loan restructures and transactions, helping to turn approximately $65 million in non-performing commercial loans into performing loans for his firm's banking clients. On the private lending side, Kyle has assisted the firm's private lending clients in multiple six and seven-figure closings, allowing various distressed commercial real estate properties, hotels, and residential developments to begin playing a beneficial role once again in Colorado's economy.  In addition, Kyle has negotiated buyouts and related transactions in his role as outside general counsel for numerous Denver and Colorado-based businesses. , 2009

    Representative Clients:

    • Mountain View Bank of Commerce
    • Anythink Libraries, 2015
    • Performance Equipment Sales, 2011
    • Eagle River Water and Sanitation District
    • Method Roasters, LLC, 2015
    • Ventana-Denver, LLC
    • Dreams Construction, 2015
    • Great Western Bank
    • Stagestop Store, Inc., 2015
    • City of Burlington, Colorado
    • Timberline Fire Protection District, 2013
    • Residential Home Funding Corp., 2013
    • North Sheridan Professional Offices, LLLP., 2012, (Confidential Item)
    • The Crossings Homeowners Association, 2013
    • Unified West Corporation
    • La Plata Archuleta Water District, 2015
    • Atlantic National Trust
    • Centenno/Shultz Clinic, 2015
    • The Works Partnership Holdings, PTE LTD, 2014
    • Pleasant View Metropolitan District, 2017
    • Street Meats, LLC, 2014
    • First Investment Holdings, LLC, 2012
    • Faction Media
    • Upper Eagle River Water Authority, 2015
    • LG Capital Services, LLC
    • Regenerative Sciences, 2015
    • C3S, Inc. (formerly MJHA, Inc.)

    Videos:

    • Video regarding Kyle's participation in ACVIM International Convention held in 2011 in Denver, CO, regarding his dog Iggy, who was an honorary Animal Survivor at the convention., ACVIM Animal Survivor, 2011

    Educational Background:

    • Miami University (Ohio), B.A. in English - Creative Writing with a minor in Political Science, 1997
    • Vermont Law School, LL.M., Environmental Law, magna cum laude, 2003
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    Office Location for Kyle C. Kreischer

    1660 Lincoln St
    Suite 2000
    Denver, CO 80264

    Phone: 303-451-0300

    Fax: 303-464-8000

    Kyle C. Kreischer:

    Last Updated: 6/8/2020

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