Denver Commercial Real Estate Litigation Lawyer

Litigation can complicate real estate transactions, but often, going to court is the only way to achieve what you want. Our Denver, CO commercial real estate litigation lawyer supports your interests, whether you’re the plaintiff in the suit or the defendant. We have a demonstrated record of success favorably resolving real estate cases for our clients, including zoning disputes, land use questions, and litigation arising from breach of contract. At Volpe Law LLC, we bring international experience and extensive resources to the table and focus exclusively on your best interests. Call us today to get started.

Real Estate Litigation Lawyer Denver, CO

A dispute can cause your commercial real estate transaction to come to a screeching halt. Swift resolution of the matter, whether it’s a suit filed over land use or one for damages you suffered due to a construction delay, saves you time and money, and keeps your development deal on track. As your Denver commercial real estate litigation lawyer, we represent your position in the matter, handling all the legal matters necessary to advance your claim. We gather evidence and testimony to support your side and apply the correct Colorado or federal statutes to bolster your claim.

We strive to resolve litigation outside of court, in arbitration or mediation, but we prepare your case anticipating that we’ll present it to a judge and jury, so of the other party refuses to compromise or accept our proposed settlement, we’re ready to go to trial. Our attorneys monitor changes the Colorado legislature makes in commercial real estate law and apply any changes to better your position. We’re committed to achieving your goals, whether it’s securing fair damages if you suffered a loss or protecting your development and investment.

Commercial real estate litigation involves complicated legal principles and often large sums of money. We respect your investment and hard work to put your project together—let us handle the legal details and manage your legal interests, while you manage your enterprise.

Our Experience Makes the Difference in Real Estate Litigation

With a thorough understanding of both state and federal real estate laws and decades of combined legal experience, our legal team is eminently qualified to handle even the most complicated and hotly contested real estate disputes. As your Denver commercial real estate litigation lawyer, we handle all the matters related to your claim, advocating for you in court and in negotiations.

• Firm founder Ben Volpe was named to the Super Lawyers® Rising Stars, Colorado (2023–2025)
• Ben received the Martindale-Hubbell® Client Champion Award, Gold (2022) and Platinum (2025) for his zealous client advocacy
• Mr. Volpe brings a wealth of experience, including working for the Department of Justice Civil Frauds Division to the U.S. Attorney’s Office for D.C.

You deserve vigorous advocacy and practical advice tailored to your needs. The team at Volpe Law LLC delivers. Call us today to learn more.

Commercial real estate litigation is often necessary to resolve disputes when negotiations fail or if one party owes damages to the other. At Volpe Law LLC, we represent property owns, developers, contractors, investors, and tenants in common in commercial real estate disputes. Our Denver, CO commercial real estate litigation lawyer protects your property rights and advocates for any damages you’re owed due to the actions (or inaction), negligence, or breach of contract completed by the other party.

Types of Commercial Real Estate Litigation We Handle

Breach of Commercial Real Estate Contracts: Our firm represents businesses that have suffered financial losses, including market share loss or loss of reputation or brand integrity, due to a breach of contract. These disputes may involve purchase agreements, sales contracts, and development deals. We seek fair compensation for any money lost due to the breach and may negotiate a new contract to preserve the business relationship.

Commercial Lease Disputes: We address conflicts between commercial tenants and commercial property owners in matters of unpaid rent, maintenance, renewal options, or early termination of leases. Our Denver commercial real estate lawyer preserves your property rights and advocates for your financial interests.

Partnership and Joint Venture Disputes: Many commercial property investments and development initiatives involve multiple parties, and disputes may arise over responsibilities, fiduciary obligations, or the roles of each participant. We efficiently resolve these conflicts, allowing your project to progress unimpeded.

Title and Ownership Conflicts: Complex title disputes and competing claims to commercial property often necessitate thorough research into the chain of ownership. We review property records, purchase and sale agreements, and the integrity of the property title to secure a clear, marketable title for the property in question, protecting your investment.

Zoning and Land Use Litigation: Our firm represents property owners, developers, and investors in disputes with municipalities, zoning boards, and neighboring property owners. We advocate for your right to use and develop your property as you intend.

Construction and Development Disputes: Cost overruns, supplier issues, repairing construction defects, and project delays hinder the progress of commercial development projects, costing owners and investors time and money. We initiate litigation to protect your investment and keep the project on schedule and on budget.

Fraud and Misrepresentation in Property Transactions: Failure to disclose material facts about a property, deliberate intent to deceive, or other fraudulent actions often lead to litigation. We pursue damages in cases of hidden environmental issues, structural problems, or financial misstatements.

Foreclosure and Loan Enforcement: Our firm represents borrowers and lenders in loan default disputes. For borrowers, we strive to avoid foreclosure; for lenders, we help you recoup the cost of your investment and protect your financial interests.

Environmental and Land Contamination Disputes: Environmental issues can stall or devalue commercial properties. Our commercial real estate litigation team represents property owners in concerns over contamination, cleanup costs, and liability for damages.

At Volpe Law LLC, we take your commercial property rights seriously. You’ve invested a considerable amount of time, money, and energy in your investment, and we’re ready to help you protect it. Whether we’re initiating litigation to address the matter or defending you against spurious suits filed against your enterprise, our Denver commercial real estate litigation lawyer is committed to achieving the best possible result in your legal matter. Contact our firm today for a case review.

Types of Commercial Real Estate Cases We Litigate

Commercial real estate litigation may be necessary to resolve business disputes. Whether you’re considering a lawsuit or have been named as a defendant in a civil claim, our Denver, CO commercial real estate lawyer protects your business interests and reputation. Call Volpe Law LLC for help with these common commercial disputes:

Breach of Lease Agreements

We represent tenants and landlords in rent disputes, failure to perform, maintenance obligations, and early termination of commercial leases. We enforce lease terms or negotiate fair compensation for you.

Property Ownership and Title Disputes

Our Denver commercial real estate litigation lawyer determines property ownership and any encumbrances. We handle quiet title actions, boundary disputes, and related claims.

Purchase and Sale Disputes

We seek fair compensation in cases of a breach of contract or purchase agreement, including initiating legal action to force a sale per an existing purchase and sale contract. Our attorneys can secure damages on your behalf, or protect you from being forced to sell property if the contract is vague or in dispute.

Commercial Evictions and Unlawful Detainer Actions

We help landlords remove non-compliant or non-paying tenants under Colorado eviction laws. We also assist commercial property owners and managers of residential properties to minimize unit downtime and protect your investment.

Construction and Development Disputes

We represent property owners, developers, and contractors in construction disputes—from project delays to defective work. We help keep your project on track and recover damages from delays or overruns.

Zoning and Land Use Challenges

We represent you in disputes with state and local authorities over land use. Our attorneys negotiate with zoning boards, obtain permits, and advise on regulatory challenges to your development.

Partnership and Joint Venture Disputes

We defend your business in partner disputes. We resolve conflicts efficiently to minimize business disruption.

Broker and Commission Disputes

Our Colorado business litigation lawyers represent brokers, agents, and clients in commission and contract disputes. We review contracts and advise you of your legal options.

Easement and Access Disputes

We handle disputes over easements, access rights, or encroachments affecting commercial use. Our lawyers protect your property rights through negotiation or litigation.

Insurance Coverage for Property Damage or Loss

We advocate for property owners and investors denied or underpaid on insurance claims. Common disputes include damage from natural events or other harm to commercial properties.

Have a commercial dispute you can’t resolve alone? The attorneys at Volpe Law LLC have nearly six decades of combined litigation experience. We’re tenacious negotiators, committed to your business interests. Call us for a complimentary discovery call.

Top 7 Issues in Commercial Landlord-Tenant Disputes

As a commercial property owner, you work hard to get the right tenants in your buildings. Keeping a good tenant and keeping them happy is a lot easier than vetting new ones while your space sits empty (and not producing revenue). Understanding the top reasons commercial landlords and tenants have disagreements can help you head them off before they escalate, but when you cannot solve one of these issues with a frank conversation, turn to our Denver, CO commercial real estate litigation lawyer for advice.

Lease Breaches: A failure by one party to fulfill the terms of the lease constitutes a breach of the lease agreement or a breach of contract. This can include a tenant failing to pay rent on time, a landlord failing to fulfill maintenance obligations, or either party violating the restrictions outlined in the lease agreement.

Rent and Payment Disputes: Disagreements over rent amounts, late fees, or payment schedules can fester until the only option left is legal action, including forced eviction. A tenant may contest a rent increase or claim that the rent should be reduced due to property defects that have not been rectified. Or, a landlord may seek damages, in addition to unpaid rent.

Property Maintenance and Repairs: Landlords are generally responsible for maintaining the property, although tenants also have an obligation to keep it in good, functioning order and to report minor issues before they become large, damaging, and expensive to repair. Disputes arise when a landlord claims the tenant caused the damage or when the landlord fails to take steps to rectify it.

Security Deposits: This is one of the most common types of landlord-tenant disputes. Many conflicts revolve around claims that the tenant caused excessive damage or that the landlord is overcharging for damage fees.

Lease Renewal and Termination: Tenants may wish to exit the lease early; disputes often occur when a landlord tries to enforce excessive early lease termination fees. Our Denver commercial real estate litigation lawyer can assist with negotiating fair terms for an early lease termination, or support landlords in enforcing the renewal clauses and penalties for early termination.

Use of Premises: Certain commercial properties are zoned for particular uses. Tenants who use the property in manners other than those permitted in the lease agreement or by zoning laws may cause landlords a lot of legal trouble. This could include operating a business outside the agreed-upon scope or violating zoning regulations, which may expose both parties to legal or regulatory issues.

Eviction and Default Proceedings: When a tenant dispute cannot be resolved any other way, eviction is the next legal option. Legal proceedings can be lengthy and costly, so it’s critical for landlords to have representation to ensure their property is protected during the eviction process.

Get the Legal Help You Need to Resolve a Commercial Landlord-Tenant Dispute

Commercial landlord-tenant disputes require a careful review of the lease, including application of relevant laws, when evaluating a solution. Getting legal advice early, from the team at Volpe Law, LLC, can help prevent escalation to litigation and facilitate negotiation for an acceptable resolution. Whether you’re a landlord or tenant, you can benefit from a complimentary discovery call with our Denver commercial real estate litigation lawyer. Contact our firm today for a complimentary discovery call.

Commercial Real Estate Litigation FAQs

What types of disputes fall under commercial real estate litigation?

Commercial real estate litigation involves disputes between interested parties in commercial real estate transactions, land use and zoning, ownership and leasing, and development. Common disputes our attorneys handle include lease terminations, rent arrears, construction defects, and breaches of lease obligations. Commercial real estate litigation is also an option when a breach of contract or other action by one party results in financial loss for the other party. In these cases, the second party may be owed damages; filing a lawsuit for damages is often the only way for the aggrieved party to recoup their losses.

How do developers handle disputes with subcontractors or tenants?

Disputes with tenants or subcontractors can often be resolved by reviewing the contract to determine whether each party fulfilled their obligations, including payment terms and deadlines. Some contracts include a dispute-resolution clause; in such cases, the parties follow the contractual requirements to resolve the matter. When contacts are unclear or if there is no contract at all (verbal or written), the next step in resolving the issue is often litigation. One party may initiate a lawsuit for damages, or the parties may agree to arbitration or mediation to reach an out-of-court resolution.

Can I sue a contractor for delays or cost overruns on a commercial project?

Property owners and developers have the right, under Colorado law, to file a lawsuit for damages against a contractor or subcontractor when cost overruns or delays they cause impede the progress of the commercial development project or lead to financial loss for the property owner or developer. To win a suit filed for delays or overruns, the plaintiff must prove that the contractor failed to perform as agreed (a good contract is an excellent piece of evidence in this regard) and that their failure to perform cost the plaintiff money.

Can a co-owner of commercial property be forced to sell?

When co-owners of a piece of commercial property cannot agree on its use, management, or whether to keep it or sell it, one party may be legally compelled to sell their interest. Colorado courts may order the partition of the property, in which it’s physically divided, and each owner assigned a portion to use as they see fit, or may partition the property by sale, in which the entire property is sold and proceeds divided between the owners according to their respective investments.

Can commercial real estate disputes be resolved without going to court?

Many commercial real estate disputes are resolved out of court, in mediation or arbitration. Both of these alternate dispute resolution methods afford the parties more privacy than resolving the dispute in civil court. If there is a contract with a dispute-resolution clause, the parties would follow that process. Many commercial contracts contain an arbitration clause for resolving disputes, which is private and has more relaxed rules of evidence than those in civil court.

Retaining an attorney for guidance and advocacy often affords the aggrieved party a greater chance of a positive resolution. Learn more by contacting Volpe Law, LLC today for a complimentary discovery call.

9 Steps in a Commercial Litigation Process

One of the most common questions clients ask our Volpe Law LLC litigators is, “What comes next?” Although the details of your case will be unique (and every Denver commercial real estate litigation lawyer will tell you there’s bound to be some surprises), for the most part, you can expect your case to proceed like so.

1. Investigation and Case Preparation: Thorough preparation means that your lawyer is prepared for almost anything. This includes reviewing any contracts, written agreements, and other communications between the parties; interviewing witnesses; analyzing financial records; and gathering other evidence.
2. Demand Letters and Pre-Litigation Negotiation: In many cases, a formal demand letter is sent to the opposing party, outlining the claim and detailing the resolution you seek (including the total amount of damages, if any). A Demand Letter sets the stage for out-of-court negotiations.
3. Filing the Complaint: If the Demand Letter fails to achieve a resolution, our lawyer will file your complaint in the appropriate court. Sometimes, filing the lawsuit is done at the same time as sending the demand letter, depending on how close the statute of limitations is to expiring. The lawsuit states the legal claims, identifies the parties, and requests specific remedies, such as monetary damages or injunctive relief.
4. Service of Process: Service of process is the formal notification to the defendant that a suit has been filed against them. Once the defendant receives the notice, they have 21 days to respond (35 if served outside of Colorado).
5. Defendant’s Response: The defendant must file an answer before the deadline; if they don’t, our Denver commercial real estate litigation lawyer can petition for a default judgment against them. The defendant’s response admits or denies the allegations, and may include counterclaims.
6. Discovery: Discovery is the exchange of information between parties, including documents, emails, depositions, and interrogatories (formal questions issued from one party to the other, in writing). Discovery allows both sides time to review evidence, build their case, clarify issues, and prepare for the trial.
7. Motions and Preliminary Hearings: Preliminary hearings can address a range of matters, from scheduling to clarifying issues, settling disputes, and compelling one side to release evidence to the other. Motions are a formal request made by one party to the court, asking the judge to resolve procedural or substantive issues, such as motions to dismiss or for summary judgment.
8. Settlement Negotiations or Mediation: A settlement can occur any time before the end of the trial; the parties may reach a settlement out of court through mediation or in negotiations. Often, the results of discovery prompt one party to seek a negotiated settlement instead of spending money on a trial and losing anyway.
9. Trial: If a settlement is not reached, the case proceeds to trial, where the case may be tried to a jury or to the judge alone. Also, the plaintiff must generally only prove their position based on a preponderance of the evidence (that it’s more likely than not that they are in the right), instead of proving their case beyond a reasonable doubt.

Strategic Legal Planning for Commercial Real Estate Litigation

Working with our experienced Denver commercial real estate litigation lawyer can protect your business interests and achieve the most favorable outcome for your real estate dispute. Contact Volpe Law, LLC today for a complimentary discovery call.

FEES

A $5,000 retainer is required for all pre-litigation dispute cases, while active litigation matters have a minimum retainer of $10,000. As of September 1, 2025, attorney rates vary between $315-$425/hour. These hourly rates are paid by the retainer account. Fees and retainers for contract reviews and smaller projects vary, with some cases best suited for a 1-2 hour paid complimentary discovery call at $400 per hour or $800 for two hours. All retainers are evergreen and refundable. Please call to inquire for further details.

DISCLAIMER

The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may contact us by completing our complimentary discovery call.