David B. Kelly
david@davidkellylaw.com
(970) 920-1159
David Kelly Law, P.C. Post Office Box 107, Basalt, CO 81621
Contact David
Background and Education
David is a Colorado native and life-long resident. He studied at the University of Minnesota and the University of Colorado at Boulder, earning a Bachelor of Arts in Molecular, Cellular, and Developmental Biology in 1986. David furthered his education at the University of Denver, obtaining his Juris Doctorate in 1990. David was recognized as a Dean’s Scholar andAlumni Scholar and was awarded a Full Merit Scholarship at the University of Denver, College of Law.
Professional Experience
David started his legal career as a securities litigator at a large national law firm with more than 500 attorneys. Seeking a more engaged trial practice and a balanced lifestyle, he relocated to Aspen. For over thirty years, David practiced with the same firm in Aspen, where his areas of specialization grew to include construction, real estate, litigation, and arbitration.
Activities
David spends his off hours water skiing, snow skiing and mountain biking, specializing in hard falls and frequent visits to the Steadman Clinic.
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.
Bar Admissions
Colorado — 1990
U.S. District Court, District of Colorado
U.S. Court of Appeals, Tenth Circuit
Recognitions and Awards
Dean's Scholar
Alumni Scholar
Full Merit Scholarship — University of Denver College of Law
Community Involvement
Board Memberships
Roaring Fork Legal Services — Board Member
Early Learning Center — President and Board Member
The Buddy Program
National Council Member
Board Member — Starting 2007
Vice President in 2010 & 2011
President in 2012 & 2013
Professional Associations
Pitkin County Bar Association — President 1999
Colorado Bar Association — Starting 1990
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