Merc Pittinos
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Contact
Phone: 303-796-2626
Email: mpittinos@bfwlaw.com

Merc Pittinos
ProfileProfessional Involvement

Merc Pittinos focuses his practice in the areas of real estate and business litigation. He represents clients throughout Colorado.

In his real estate litigation practice, Merc focuses on helping developers and homeowners protect their property rights. He frequently assists clients in disputes over property ownership, boundaries, roads, ditch easements, and road easements. He is the co-author of Adverse Possession after House Bill 1148 and has lectured about Colorado adverse possession law. He often helps clients resolve disputes over the purchase and development of real estate.

In his commercial litigation practice, Merc focuses on corporate contract disputes. He has litigated disputes between business partners over the ownership and control of companies, loans, contracts, and leases. He has defended clients against suits by competing businesses. He has represented developers in loan deficiency actions and foreclosures, and he has helped businesses protect their rights under contracts.

Merc helps to resolve real estate issues as a member of Board of Adjustment and Appeals for the City of Englewood, he sits on the Alumni Council for the University of Denver Sturm College of Law, and he is a member of the International Right of Way Association. In 2013 and 2014, he was selected as a rising star in real estate by Colorado Super Lawyers.

He has represented clients in jury trials, bench trials, and arbitration proceedings and has argued cases before the Tenth Circuit Court of Appeals, the Colorado Supreme Court, and the Colorado Court of Appeals.

Education:

University of Denver, J.D., 2004

Managing Editor, University Of Denver Water Law Review

Duke University, A.B., 1996

Areas of Expertise:

Real Estate Litigation

Real Estate Transactions

Commercial Litigation

Real Estate Litigation Experience
  • Adverse Possession
    • Defended developer against adverse possession claim based upon use of property for rifle range in Steamboat Springs
    • Represented clients in adverse possession case at ranch in Elbert County, Colorado
    • Retained by ranching family to assist in appeal of adverse possession decision impacting property adjacent to Roaring Fork River near Aspen
  • Leases
    • Filed eviction action for owner of industrial building whose tenant did not exercise option to renew lease
  • Easements
    • Assisted landowner in dispute to resolve whether access road was county road, private road, or public road by historic use
    • Filed lawsuit to protect historic access to 1,200 acre ranch in Routt County
    • Represented ditch company in suit over location and scope of ditch easement
    • Helped developer settle suit where neighbor claimed access rights over trail passing through multiple lots in large residential development in Steamboat Springs
    • Litigated for landowner who sought to obtain access to large landlocked property in Larimer County
  • Boundary Disputes
    • Represented client in property dispute based on historic movement of Arkansas River
    • Negotiated and drafted boundary agreement to address title problems on multiple sides of parcel in Boulder County
  • Property Ownership
    • Filed quiet title action to protect client’s interest in property that was held in domestic partner’s name
  • Ditch and Reservoir Seepage
    • Defended ditch company in suit brought by landowner claiming that ditch seepage caused structural damage to home
    • Helped dairy owner settle dispute related to seepage from water storage reservoir in Weld County
  • Oil, Gas, and Mineral Rights
    • Sued more than 150 defendants to successfully recovery oil, gas, and mineral rights mistakenly conveyed in sale of sixty acres of agricultural land in Weld County
Commercial Litigation Experience
  • Loan Disputes
    • Represented developer in deficiency action after foreclosure of 1,200 acre residential development securing $39 million in development loans
    • Retained by bank to resolve dispute over priority of deeds of trust
    • Guided member of limited liability company through complex loan dispute with other members of company who sought relief from loan guarantees
    • Successfully litigated breach of covenant of good faith and fair dealing claim against bank that sought deficiency from developers under $6 million development loan
  • Contract Disputes
    • Represented former management in dispute over earn-out payments related to $450 million sale of merchant processing business
    • Litigated dispute over countertop fabrication software that did not function properly
  • Construction Defect
    • Represented municipality in dispute over construction of public pool, homeowner’s association in suit over siding and concrete installation, and homeowners with structural damage caused by heaving foundations
  • Attorney Fee Disputes
    • Represented law firms in disputes with former co-counsel and successor counsel over contingent fees
Speaking Engagements:
  • Quiet Title Actions: The Basics Plus Selected Advanced Topics, August 20, 2008
  • Quiet Title Actions: The Basics Plus Selected Advanced Topics, February 9, 2011
  • Colorado Association of Realtors, Legal Panel, 2014 Convention, October 21, 2014
Professional Activities:
  • Rising Star in Real Estate, Colorado Super Lawyers, 2013 and 2014
  • Board of Adjustment and Appeals, City of Englewood
  • Alumni Council, University of Denver Sturm College of Law
  • Loan Repayment Assistance Program, University of Denver Sturm College of Law
  • American Bar Association
  • Colorado Bar Association
  • International Right of Way Association
Bar Admissions:
  • Colorado Supreme Court (2004)
  • U.S. District Court, District of Colorado (2005)
  • U.S. Court of Appeals, 10th Circuit (2010)
Articles
  • Is Adverse Possession in Colorado Real Estate Dead?, Colorado Real Estate Journal, Feb. 5, 2014, at 19.
  • Allen v. Steele: Use Caution in Giving Legal Advice to Prospective Clients
  • Adverse Possession after House Bill 1148, 37 Colo. Law. 73 (Nov. 2008)
  • Authored chapter on adverse possession in Geoffrey P. Anderson, Colorado Quiet Title Actions
  • Gordon L. Allott, Sr., 36 Colo. Law. 29 (July 2007)

Contact
Phone: 303-796-2626 | Email Merc
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