Barad, Edward N.
Ed

Ed Barad has been ranked in the top tier of real estate lawyers in Colorado by Chambers USA (Band One-Top 12) for over a decade.  He has been rated AV Preeminent by Martindale-Hubbell for 30 years, ranked by Super Lawyers as one of the top 50 (2008) and top 100 (2012-2015) of all lawyers in Colorado, and listed in Best Lawyers in America for each of the last 13 years.  In 2015 and 2016, he was named by 5280 Magazine as one of the top seven real estate lawyers in Colorado.

Chambers USA (2016) reported that, "Sources say Edward Barad 'constantly exhibits a solution-oriented approach' and praise him for his 'tremendous legal background and legal skills.' He retains his reputation as a go-to attorney for transaction, financing and restructuring matters." Chambers USA (2015) reported that he “possesses a wealth of experience, good business judgement and legal knowledge,” and describes him as "the dean of real estate." Chambers USA (2014) recognized Ed saying that he "wins admiration for his great style and ability to negotiate complex deals." Chambers USA (2012) said he is "deeply respected by commentators, who describe him as a 'very straightforward' practitioner who 'doesn't play games.' He has an exceptional reputation for real estate development work and earns praise as a 'detail-oriented, very knowledgeable' lawyer."

Mr. Barad represents institutional and private equity fund investors in entity structuring and commercial real estate, development, acquisition, disposition, finance, and workout.  He is chairman of Brownstein's Ethics and Opinion Letter Committees and previously served as chairman of the firm’s Real Estate Department for 24 years.

Principal Clients:

  • Blackstone Group International Partners LLP
  • Starwood CPG Operations, L.L.C.
  • Miller Global Properties
  • Hines Interests
  • Cottonwood Residential O.P., LP
  • Equity Office Properties
  • FrontRange Property Partners, LLC
  • Lionstone Group
  • First National Bank of Denver
  • SIMEON Commercial Properties LLC 

Principal Memberships and Publications:

  • Member American College of Real Estate Lawyers and served on its Board of Governors
  • Wrote the original rules of the Colorado Bar Ethics Committee
  • Chairman and principal draftsman for the committee that published the Colorado Standards for Mortgage Loan Opinion Letters
  • Served on the Joint Committee of the American Bar Association, American College of Real Estate Lawyers and the American College of Mortgage Attorneys in the publication of the "Real Estate Finance Opinion Report of 2012"
  • Served on the Joint Committee of the American Bar Association, American College of Real Estate Lawyers and the American College of Mortgage Attorneys in the publication of the "Real Estate Finance Opinion Report of 2012"
Representative Matters
    • Represented buyer in the $70M acquisition, financing, and development of an office building in Portland, Oregon.

    • Sale of Panorama Corporate Center, a 780,649-square-foot, six-building, class A office campus in suburban Denver.

    • Represented buyer in $500M acquisition of foreign pension advisor for two downtown Denver high-rise buildings and local counsel opinion for $63M acquisition loan.

    • Represented the landowner in land use, financing and disposition of $300M Gaylord Hotel Conference Center location and bond closing negotiations.

    • 200,000 square foot office lease with Fortune 50 company.

    • Purchase of 200,000 square foot high rise core and shell office development in Austin, Texas.

    • $360M acquisition, financing and development in downtown Denver.

    • Acquisition of 216,000 square feet office building in Austin, Texas.

    • $100M Revolving Credit Facility.

    • Sale of Westgate Buildings 2 and 3 in Houston, Texas.

    • Acquisition, mixed use development and resale of Ninth and Colorado Boulevard site, in Denver, Colorado. 

    • Deveopment of an $80M office complex in Austin, Texas.

    • Represented tenant, in a build-to-suit lease in connection with the construction, financing and leasing of a new 270,000 square foot headquarters office building.

    • 82M Structured Finance Build-to-Suit transaction. 

    • Development of the Highpoint 1,800 acre mixed use community adjacent to Denver International Airport. 

    • Representation of a real estate investment company in its $285M refinance of an approximately 590 acres hotel and golf course resort property.

    • $50M Refinance of office building in Washington, DC. 

    • Structure and finance of $150M apartment development in San Jose, California. 

    • Structure capital funding of $500M multi-unit apartment developments in Texas, North Carolina, Florida, and Utah. 

    • Acquisition, structure and finance of three 400,000-800,000 square foot office complexes in Houston, Texas, and Washington D.C. 

    • Advise and due diligence regarding authority and perfection of security in a $5B portfolio.   

    • Acquisition, mixed use development and resale of Green Gables Country Club in Denver, Colorado. 

    • Acquisition of $139M four-building complex in Santa Monica, California. 

    • Negotiation of purchase, sale and development agreements for sale and development of 300,000 square foot hotel complex in Aurora, Colorado at High Point Office Park adjacent to Denver International Airport with use of public/private financing. 

    • Development of 1,000 acre Vista Ridge Residential/Golf Course Community in Erie, Colorado. 

    • Development of the 1,000 acre Grant Ranch Residential Community in Jefferson County, Colorado.

    News & Events
    Community

    Board Member, Jewish Family and Children’s Services

    Former Community Involvement

    Director, University of Colorado Foundation

    United Way, de Tocqueville Society

    Board Member, Allied Jewish Federation

    Board Member, American-Israel Friendship League

    Board Member, Anti-Defamation League

    Board Member, Shalom Workshop

    President and Chairman of the Board, Beth Ha Medrosh Hagodol-Beth Joseph Congregation

    President, Green Gables Country Club

    President, Hillel Council of Colorado

    Publications & Presentations
    • Colorado Purchase and Sale Issues For Buyers
      Author, The Practical Real Estate Lawyer, July 2017

    • In the Aftermath of the Great Recession: An Assessment of Real Estate Finance Trends in Underwriting, Documentation, Lender Liability and Opinion Letters
      Co-Speaker, Commercial Loan Documentation: Tools for Seamless Transaction, CBA CLE, September 17, 2014

    • Current And Constant Issues In Third Party Real Estate Opinion Letter Practice
      Speaker, 32nd Annual Real Estate Symposium, Colorado Bar Association Real Estate Section, Vail, CO, July 10-12, 2014

    • Recent Developments in Legal Opinions: The New National Commentary
      Conference co-chair and panelist, Real Estate Finance & Development Conference: The World of the 'New Normal,' Colorado Law Institute CLE International, Denver, CO, May 6, 2013

    • Real Estate Restructuring - Strategies in this Unique Economy
      CLE International, conference chairman and presenter, March 28, 2011

    • Purchase of Promissory Notes Secured by Real Estate
      presenter, Annual Distressed Real Estate Conference, Colorado Law Institute, co-chair of conference, May 7-8, 2009

    • Annual Mixed-Use Development Conference
      co-chair, June 2-3, 2008; 2009

    • Tax Effective Planning for Mixed-Use Development
      Mixed-Use Development Conference, June 2, 2008

    • Opinion Letters in Colorado Real Estate Transactions
      The Colorado Lawyer

    • Real Estate Letters of Credit Security Agreements and Letters of Intent.

    • Negotiating Real Estate Transactions
      Wiley Law Publications

    • Lender Liability: (i) Exposures and Risks in Environmental Law, and (ii) Exposures and Risks Relating to the Loan Commitment.

    • Letters of Intent -- Their Use and Misuse.

    • Use of Firm Manuals in Opinion Letter Practice.

    • What's Worth Negotiating in Conduit Loan Documents?

    • Title Insurance -- Proper Assurance for the Owner and Lender.

    • The Capital Markets -- The Shared Appreciation Loan and Mezzanine Financing.

    • Third Party Opinions of Counsel -- Assessing the True Risk.

    • Distressed Real Estate - Acquisition of Promissory Notes.

    • Do Ground Leases Solve the Problems of Partnership?

    • Conflicts of Interest in the 90's - Ethical Considerations.

    • Avoiding Environmental Liability in Commercial Real Estate Transactions in Colorado.

    • Colorado Real Estate and the World Economy.

    • Issues and Resolutions for Commercial Leasing Transactions.

    • Key Lease Issues From the Landlord's and Tenant's Perspective.

    • Ethical Obligations to Disclose and Liability to Non-Clients and Key Issues and Covenants for Contributors Regarding UPREIT Transactions.

    • Due-On-Sale Law as Preempted by the Garn-St. Germain Act
      Real Estate Law Journal

    • Economics of the Rocky Mountain Region and Matters Relating to the Resolution Trust Corporation.

    Education
    • J.D., 1973, University of Colorado Law School
    • B.S., 1969, University of Colorado
    Admissions
    • Colorado, 1973
    Recognition

    5280 Top Lawyers, Real Estate, 2015-2017

    Best Lawyers in America, 2003-2018

    Chambers USA, 2003-2017

    Colorado Super Lawyers, 2006-2017

    Colorado Super Lawyers, Top 100 in Colorado, 2012-2015

    Colorado Super Lawyers, Top 50 in Colorado, 2008

    Corporate Counsel magazine, Best Lawyers, 2003-2007

    International Who's Who of Real Estate Lawyers, 2004-2014

    International Who's Who of Business Lawyers, 2010-2014

    Lawdragon 500, 2007-2010

    Martindale-Hubbell rating AV® Preeminent™ 5.0 out of 5.0

    Lawdragon 3000, 2011

    Who's Who Legal: Real Estate

    Who's Who in American Law

    Who’s Who Legal: USA

    Membership

    American Bar Association

    Colorado Bar Association

    American College of Real Estate Lawyers

    ABA Business Law Section, Committee on Legal Opinions

    Former Positions

    Chairman, Rules Subcommittee, Colorado Bar Ethics Committee

    Co-Chairman, Opinion Letter Standards Committee, Colorado Bar Real Estate Section

    Opinion Letter Subcommittee, American College of Real Estate Lawyers

    Board of Governors, American College of Real Estate Lawyers

    Hearing Examiner, Rules Subcommittee, Colorado Bar Ethics Committee

    Supreme Court Grievance Committee

    attorney-5811