Merc Pittinos

Merc Pittinos focuses his practice on resolving real estate disputes. His work is litigation-focused rather than transactional, and he represents clients throughout Colorado.

Merc works with developers, landowners, landlords, brokers, investors, property owners, and other commercial real estate stakeholders in disputes involving real property. He helps clients resolve disputes arising from purchase and sale agreements, leases, loans, easements, covenants, title defects, boundary issues, development projects, and property rights. He has written and lectured on Colorado adverse possession and easement law and has helped educate Colorado commercial real estate brokers on how to avoid lawsuits.

Merc has represented developers in breach-of-contract, construction, and foreclosure actions; landlords in lease disputes; property owners in title, boundary, easement, and covenant disputes; and energy companies in title, lease, and joint-operating-agreement disputes involving real property.

Merc is a former member of both the Planning and Zoning Commission and the Board of Adjustment and Appeals for the City of Englewood. He was recognized by The Best Lawyers in America® for Real Estate Law from 2022 through 2026 and for Litigation – Real Estate from 2023 through 2026. He was also named a Colorado Super Lawyer for Real Estate from 2024 through 2026 and a Colorado Rising Star for Real Estate in 2013 and 2014.

Before joining Fennemore, Merc was the managing partner of Moye White LLP. He later served on Fennemore’s Management Committee.

Merc has represented clients in jury trials, bench trials, and arbitrations, and has argued before the U.S. Court of Appeals for the Tenth Circuit, the Colorado Supreme Court, and the Colorado Court of Appeals.

• J.D., University of Denver, 2004
  • Managing Editor, University of Denver Water Law Review
• B.A., Duke University, 1996

• Presenter, “Timely Commercial Real Estate Issues Every Broker Should Know to Avoid Litigation,” Lurking Legal Issues, Denver Metro Commercial Association of Realtors, December 9, 2025
• Interview, “Merc Pettinos on Succession Planning,” Farm Broadcaster, Lorrie Boyer, May 29, 2025
• Co-Author, “Cross collaboration among Denver and Nogales lawyers fuels agribusiness knowledge, seeds positive culture and client relations,” Fennemore Blog, March 10, 2025
• Author, “Q&A: Why agricultural succession planning in Colorado is more important now than ever,” Denver Business Journal, March 1, 2025
• Co-Author, “Denver voters reject slaughterhouse and fur ban initiatives,” Fennemore Blog, December 11, 2024
• Presenter, “Timely Commercial Real Estate Issues Every Broker Should Know to Avoid Litigation, Lurking Legal Issues,” Denver Metro Commercial Association of Realtors, December 3, 2024
• Co-Author, “Economic Realities if Colorado Amendment 309 is Adopted,” Fennemore Blog, November 1, 2024
• Presenter, “Risk Management – Brokers Behaving Badly: Risky, Silly and Annoying Things REALTORS do in Real Estate Transaction,” Colorado Association of Realtors Leadership Symposium, October 15, 2024
• Presenter, “Industry Update: Buyer and Seller Disputes,” Heritage Title Company Webinar, April 4, 2024
• Interview, “After 47 Years, Denver’s Moye White to Wind Down After Most Lawyers Join Fennemore Craig,” The American Lawyer, April 1, 2024
• Interview, “Participants Discuss Remote Work Policies, Paperless Offices, Decreased Staff Utilization, AI Uncertainty,” Law Week Colorado, December 18, 2023
• Presenter, “Timely Commercial Real Estate Issues Every Broker Should Know to Avoid Litigation, Lurking Legal Issues,” Denver Metro Commercial Association of Realtors, December 5, 2023
• Interview, “How I Made Managing Partner,” Law.com, November 22, 2023
• Interview, “Moye White law firm makes ‘unconventional’ move to Denver’s River North neighborhood,” Denver Business Journal, October 17, 2023
• Interview, “As Big Law Plunders Talent, Midsize Firms Embrace “Lifestyle” Firm Status,” Law.com, September 27, 2023
• Interview, “Moye White Names New Managing Partner, Other Leaders,” Law360 Pulse, July 10, 2023
• Presenter, “Industry Update: When Buyers and Sellers Sue Each Other,” Heritage Title Company Webinar, April 5, 2023
• Presenter, “Timely Commercial Real Estate Issues Every Broker Should Know to Avoid Litigation, Lurking Legal Issues,” Denver Metro Commercial Association of Realtors, December 6, 2022
• Author, “Avoiding Real Estate Litigation: Follow these suggestions,” Colorado Real Estate Journal, November 2, 2022
• Presenter, “Timely Commercial Real Estate Issues Every Broker Should Know to Avoid Litigation, Lurking Legal Issues,” Denver Metro Commercial Association of Realtors, December 12, 2021
• Presenter, “Industry Update: When Buyers and Sellers Sue Each Other,” Heritage Title Company Webinar, September 2, 2021
• Author, “How Pandemic-Related Executive Orders Impact Real Estate,” Colorado Real Estate Journal, June 2, 2021
• Interview, “Commercial Evictions in Boston: A Roadmap for the Future,” Dwight Knell & Pete Stein, April 6, 2021
• Presenter, “Timely Commercial Real Estate Issues Every Broker Should Know to Avoid Litigation, Lurking Legal Issues,” Denver Metro Commercial Association of Realtors, December 10, 2020
• Interview, “As Denver storefronts go dark, experts expect more vacancies, better deals ahead,” Denver Post, November 8, 2020
• Panelist, “A Legal Perspective on the Real Estate Industry: A Conversation on the Impacts of COVID-19,” Moye White Online Event, June 17, 2020
• Interview, “Landlord sues Red Robin over unpaid HQ rent,” Business Den, May 14, 2020
• Co-Author, “Working with troubled tenants in the time of COVID-19,” Colorado Real Estate Journal, April 13, 2020
• Presenter, “Timely Commercial Real Estate Issues Every Broker Should Know to Avoid Litigation, Lurking Legal Issues,” Denver Metro Commercial Association of Realtors, December 12, 2019
• Interview, “Gravel pit could be unexpected neighbor to new Longmont subdivision,” Fox 31 News, August 14, 2019
• Presenter, “Understanding Adverse Possession, Land Laws for Civil Engineers and Land Surveyors,” Half Moon Education Seminar, May 17, 2019
• Interview, “Buyer beware: Oil and gas rigs may be closer than you think,” Denver Business Journal, September 15, 2017
• Presenter, “Defining Adverse Possession and Trespass, Boundaries and Easements,” Half Moon Education Seminar, January 13, 2017
• Presenter, “Defining Adverse Possession and Trespass, Determining Land Ownership and Access Rights,” Half Moon Education Seminar, November 17, 2015
• Presenter, “Procuring Cause,” Colorado Association of Realtors Webcast, January 21, 2015
  Panelist, Colorado Association of Realtors, Legal Panel, 2016 Convention, Sept. 22, 2016
• Panelist, Colorado Association of Realtors, Legal Panel, 2014 Convention, October 21, 2014
• Author, “Is Adverse Possession in Colorado Real Estate Dead?,” Colorado Real Estate Journal, February 5, 2014, at 19
• Presenter, “Quiet Title Actions: The Basics Plus Selected Advanced Topics,” February 9, 2011
• Author, “Adverse Possession after House Bill 1148, 37 Law. 73,” November 2008
• Presenter, “Quiet Title Actions: The Basics Plus Selected Advanced Topics,” August 20, 2008
• Authored chapter on adverse possession in Geoffrey P. Anderson, “Colorado Quiet Title Actions”
• Author, “Gordon L. Allott, Sr., 36 Law. 29,” July 2007

• Best Lawyers in America^®, Real Estate Law, 2022 – 2026; Litigation – Real Estate, 2023 – 2026
• Colorado Super Lawyers®: Real Estate, 2024-2026
• Colorado Super Lawyers®, Rising Star: Real Estate, 2013 – 2014

• Member, American Bar Association
• Member, Colorado Bar Association
• All Souls Catholic Church, Finance Committee, 2023-Present
• Professional Mentoring Program, University of Denver Law School, 2008-Present
• Mentor, NAIOP Colorado Developing Leaders Program, 2024-2025
• Planning and Zoning Commission, City of Englewood, 2015 – 2019
• Board of Adjustment and Appeals, City of Englewood, 2011 – 2014
• Alumni Council, University of Denver Law School, 2010 – 2016
• Loan Repayment Assistance Program, University of Denver Law School

Commercial Contract Disputes

• Successfully defended seller of commercial property in trial and appeal over purchase and sale agreement
• Assisted both clients and brokers to resolve commission disputes, represented buyers and sellers of real property litigating disclosure and breach of contract disputes, and helped clients resolve HOA covenant disputes

Commercial Lease Disputes

• Trial court victory representing owner of industrial building in dispute over lease renewal option
• Successful resolution of dispute regarding replacement obligations under triple-net lease
• Frequent representation of landlords in eviction proceedings
• Assisted clients in oil and gas lease termination disputes involving option payments, shut-in royalty payments, and production sufficient to extend lease into secondary term
• Obtained dismissal of suit challenging constitutionality of Weld County ordinance related to the siting of oil and gas facilities

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

Easements

• Successfully represented homeowner in trial and appeal to declare historical easement agreement void
• 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

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
• Successfully settled dispute involving claims against seller for breach of real estate contract and two neighbors over boundaries and easements

Real Estate and Mineral Rights Ownership

• Filed quiet title action to protect client’s interest in property that was held in domestic partner’s name
• Filed and defended multiple suits to resolve claims related to reversionary interests, wild deeds, the historical conveyance of leasehold interests in multiple transactions, the quantification of non-participating royalty interests, and scrivener’s errors in deeds

Reformation

• Sued more than 150 defendants in deed reformation action to successfully recover oil, gas, and mineral rights mistakenly conveyed in sale of agricultural land in Weld County

Lien Priority Disputes

• Retained by bank to resolve dispute over priority of deeds of trust

• Colorado
• Colorado Supreme Court
• U.S. Court of Appeals for the Tenth Circuit
• U.S. District Court – District of Colorado