Paul Franke brings over 30 years of sophisticated real estate transactional, banking and finance and construction and design contracting experience to every matter he handles for his clients. In his wide ranging practice, he represents a myriad of client types, including owners and developers of commercial real estate, landlords and tenants, affordable housing developers, senior housing owners and  operators, community land trusts and other tax exempt organizations, banks and other financial institutions, and contractors, subcontractors and engineers. 

Paul provides counsel to clients developing affordable housing through the federal Low Income Housing Tax Credit Program, the Section 8, 202, CDBG and HOME programs, and numerous state and local programs providing subsidy to developers of affordable housing.  He assists nonprofit clients in the formation of tax-exempt public private partnerships with local governments, and successfully developed and implemented a RFQ for a local nonprofit client seeking to dispose of a 14 story 158 unit senior high rise project in Denver.

Paul was ranked in Band One of Chambers USA for banking and finance lawyers in the Denver market in 2020, only one of 5 attorneys to be so in Denver.  He counsels banks, insurance companies, commercial finance companies, other lending institutions and borrowers on a wide array of lending matters, including construction, mezzanine and permanent real estate financings for apartments, commercial office, industrial and warehouse properties, shopping centers and mixed use developments.  He provides counsel to buyers and sellers of loan portfolios and to loan participants and lead banks and servicers of syndicated lending arrangements and structured financings.  He represents financial institutions and borrowers in the documentation and closing of asset-based financings, including equipment leasing, aircraft finance, and accounts receivable and inventory financing and he counsels clients in the restructuring and liquidation distressed loans; his work in this area includes receiverships, loan works outs, foreclosures and deeds-in-lieu of foreclosure.

Paul’s real estate practice has given him the opportunity to develop significant expertise in the drafting and negotiation of construction, design and engineering contracts for all types of clients, including hospital systems and owners and developers of other health care real estate; owners and developers of commercial real estate, including office, market rate and affordable multifamily for-sale and rental housing; sports and entertainment complexes; industrial plants; and data and convention centers.  He routinely works on contracts of all delivery types, including design-bid-build, design build, engineering procurements and construction agreement, and integrated delivery.  He advises owners of women and minority owned business enterprises, small business enterprises and disadvantaged business working in the construction industry, as well as contractors and subcontractors on civil engineering and commercial real estate projects.  He provides counsel to clients on various types of construction and design-related claims and disputes, including design errors and omissions, delay claims, cumulative impact claims, mechanics’ liens and other breach of contract claims. 

  • Ongoing representation of a county and its housing authority in the joint-venture ground lease development and financing of a senior assisted living and continuum of care housing project.
  • Worked with a national multifamily housing developer to reposition its portfolio of LIHTC (low income housing tax credit) projects for sale or refinancing.
  • Represented a venture capital fund in structuring and closing the sale of a 150-lot subdivision to a Denver-based homebuilder in which the fund is also providing a master construction loan facility to the builder.
  • Ongoing representation of a large Colorado based nonprofit hospital organization in the drafting and negotiation of construction and design contracts for its multi-campus hospital system.
  • Assisted nonprofit housing clients in altering their legal structure to take advantage of state property tax exemption rules.
  • Represented a Midwest-based life insurance company on a defaulted $5 million real restate loan, bankruptcy, and foreclosure of a commercial retail shopping center.
  • Represented a closely held real estate business in the out-of-state acquisition of a retail power center and assumption of existing commercial mortgage-backed securities (CMBS) financing for the center.
  • Represented the developer, and later receiver, of The Landmark, a 250-unit $180 million mixed-use residential and retail development in Greenwood Village, Colo. Work involved preliminary platting and subdivision of the project, condominium and master association formation, sales of commercial condominium units and pad sites, and management of construction defect claims.
  • Ongoing representation for the owner of a 120-acre development project in Greeley, Colo., involving development and sale of tracts and lots to national retail users.
  • Represented national hospital chain in documenting and closing the purchase of vacant land for development and construction of $10 million workforce housing rental project in Williston, N.D.
  • Represented the owner of a Denver Class A office building in the negotiation, documentation, and closing of a $6.3 million life company loan.
  • Represented the owner of a 120,000-square-foot warehouse in the negotiation, documentation, and closing of a $4 million life company loan.
  • Represented physician groups in formation of a limited liability company with medical office building developer for development, construction, leasing, and financing of 80,000-square-foot medical office building at new hospital campus in Grand Junction, Colo.
  • Represented a national equipment finance company and outside vendor to NetJets fractional interest aircraft ownership program in the negotiation, documentation, and closing of approximately 200 aircraft loans and leases to NetJet customers.
  • Represented an owner in the sale of a 200-unit low-income housing rental project with Section 8 Housing Assistance Payment subsidy.
  • Represented the developer of two projects (6320 Corp and LIHTC) totaling 244 units of affordable housing in Eagle County, Colo.
text icon Publications & Presentations
A Primer on Construction, Permanent and Bridge Lending in Financing the Affordable Housing Deal
ABA Journal of Affordable Housing and Community Development Law
Spring 1998 and Winter 2000
text icon Publications & Presentations
Lectures
  • Housing and Finance Related
    • Federal Low Income Housing Tax Credit Program Construction
    • Permanent and Mezzanine Financing Construction
    • Architect's Agreements
    • Commercial Guaranties
  • Real Estate Development
  • Employment
    • Searches and Seizures
    • Defamation in the Employment Context
    • COBRA
  • Various Bankruptcy-related Topics