Max S. Stich
Max S. Stich is a shareholder at Tiemeier & Stich, P.C. Mr. Stich practices in general litigation matters, with an emphasis on real estate litigation. Mr. Stich has handled cases relating to evictions (for both commercial landlords and tenants), mechanic liens, contracts, broker disputes, torts, appeals, real estate leases and licenses, and real estate boundaries. Mr. Stich has also represented real estate brokers in professional liability cases.
Mr. Stich has also handled numerous real estate transactions, and has represented clients involved in lending and secured financing, real estate development, real estate title, boundary and access disputes, construction contracts, title, commercial and residential leasing, broker commissions, corporate and partnership dissolutions, sales and warranty claims, and foreclosures.
Lastly, Mr. Stich also advises a number of doctors and their medical practices in their leasing, corporate, and employment needs. In particular, Mr. Stich has set up and dissolved medical practices, assisted in drafting employment and independent contractor agreements for medical professionals and their staff, and provided general real estate guidance (leasing, subleasing and purchasing) to medical practices. Mr. Stich also acts as the the primary real estate counsel for the Sisters of Charity of Leavenworth, Inc., f/k/a Exempla.
2005 J. D., University of Denver, Sturm College of Law
2001 B.A., University of California, Santa Barbara
Professional Organizations and Awards:
Member: Arapahoe, Denver, and Colorado Bar Associations
Member: Thompson Marsh Inn of Court
Member: Colorado Bar Association’s Ethics Committee
Board Member: Friends of Manual High School (former)
Participant: Anti-Defamation League, Catholic-Jewish Dialogue (former)
Recipient: University of Denver, Jonathan T. Olom Trial Advocacy Scholarship
Selection: In 2010, 2012, 2014, 2015, 2016, and in 2017, Mr. Stich was selected as a Colorado “Rising Star” in the areas of construction litigation and real estate law. This prestigious designation is done annually, per state, with attorney selections based on a patented multiphase selection process, and peer nominations and evaluations, combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. No more than 2.5 percent of attorneys in a state are named “Rising Stars.”
2005 – 2006: Judicial Law Clerk for Judges John P. Leopold and Gerald J. Rafferty, 18th Judicial District, Colorado
2006 – 2009: Associate Attorney, Montgomery Little Soran & Murray, P.C.
2010 – Present: Shareholder, Tiemeier & Stich, P.C.
Significant Trial, Litigation, and Appellate Experience:
- After a two day jury trial, Mr. Stich obtained a jury verdict in favor of his client who was defending allegations of a breach contract. The Plaintiff was requesting nearly $200,000 in damages. The jury dismissed all of the Plaintiff’s claims and instead returned a $12,000 verdict in favor of Mr. Stich’s client, the defendant.
- Mr. Stich, representing an out-of-state real estate mortgage investor successfully moved to have a receiver appointed for the mortgage company who was servicing the client’s loans in Colorado, which totaled nearly five million dollars. Prior to the appointment of the receiver, Mr. Stich and the client determined that the servicing company had absconded nearly $200,000 of the client’s funds. After the appointment of the receiver, Mr. Stich was able to obtain a judgment in the complete amount of loss to the client. Collection efforts where then initiated, which included post judgment depositions, garnishments of multiple accounts, and execution upon the debtor’s personal property.
- Mr. Stich successfully argued to the Court of Appeals while representing a large judgment creditor in a lien revival action. The case involved a revival of a transcript of judgment in excess of hundreds of thousands of dollars. The appellants were property owners whose home was encumbered by the transcript of judgment. The property owners presented various due process arguments related to the revival proceeding. The Court of Appeals disregarded with these arguments and allowed the judgment to be revived.
- Mr. Stich, obtained judgment in excess of $1,000,000 while representing a national lending institution in an unsecured promissory note claim.
- Mr. Stich, representing a hard money lender in a collection action against retail store and guarantors, obtained summary judgment in Arapahoe County against the debtors for nearly $650,000. This judgment was obtained over objections based upon the credit agreement statute of frauds. Mr. Stich, subsequently negotiated a payment schedule for the judgment, wherein the client was repaid in monthly cash installments and then upon the sale of certain real property.
- Mr. Stich, representing a secured hard money lender in a lawsuit filed by a national lending institution in Douglas County, negotiated a settlement with the lending institution, wherein this bank provided Mr. Stich’s client a cash settlement in exchange for a stipulation regarding lien priority and stipulated judgment and decree of foreclosure.
- In Arapahoe County District Court, Mr. Stich obtained a stipulation for judgment for $375,000 against a debtor whose property was encumbered by the client’s deed of trust. Instead of foreclosure, Mr. Stich and the debtor’s counsel negotiated a six month stay of execution to allow the debtor to sell the property, pay the judgment, and release the deed of trust.
- Mr. Stich defended a general contractor in a payment dispute with a subcontractor in Denver District Court. The subcontractor’s claims stemmed from unapproved and rejected change orders. After a three-day trial, judgment was entered in favor of the Mr. Stich’s client on all claims. The Court also awarded the general contractor all of its legal costs associated with the lawsuit.
Mr. Stich, representing a geotechnical engineer, successfully moved to have the Larimer District Court limit the engineer’s liability under the terms of its contract with the landowner. The trial court’s decision was then appealed. Mr. Stich drafted the appellate brief and the Court of Appeals upheld the trial court’s decision.
Real Estate Litigation
- After a three day jury trial, Mr. Stich successfully obtained a verdict in favor of his clients and against their real estate agent for breach of fiduciary duty. In this case, Mr. Stich’s clients retained a real estate agent to lease their property. The broker did not provide certain disclosures concerning the tenants that she obtained. The tenants breached their lease and caused damage to the homeowners’ property. The jury awarded Mr. Stich’s clients a judgment for their damages, along with the attorney fees that they incurred to remove the tenants from their property.
- Mr. Stich successfully represented a commercial landlord in a hotly contested eviction action. After an initial one-day hearing, despite the tenant’s vigorous attempts to disprove the landlord’s claims, the client was awarded possession of the property. A second one-day hearing to determine damages was then conducted. At this hearing, the tenant attempted to use expert witness testimony to refute various charges under the lease. The Denver District Court found in favor of Mr. Stich’s client and awarded nearly a quarter of a million dollars in damages for back rent, late fees, interest and renovation costs, plus its attorney fees and litigation costs.
- In Arapahoe County, Mr. Stich was able to successfully overturn an order for possession for a client who was facing an eviction. After the court overturned the eviction order, the parties entered into a settlement to allow the client to remain in her home.
- Mr. Stich, representing a restaurant in the Park Meadows Mall, successfully bonded over hundreds of thousands of dollars of mechanic’s liens in Douglas County District Court.
Real Estate Experience
- Mr. Stich was appointed as “tenants” counsel for a new hospital being built near Denver, CO. In this transaction, Mr. Stich represented multiple physicians who were entering into long terms leases with the hospital.
- While representing a number of large shopping centers in the Denver metropolitan area, Mr. Stich has negotiated numerous leases, lease amendments, and lease forbearance agreements.
- Mr. Stich, while representing the purchaser, has negotiated the purchase of a shopping center in Aurora, CO. The purchase price was $3,000,000.
- Mr. Stich has provided advice and assisted in the drafting of numerous purchase contracts for residential and commercial properties, with values in excess of $1 million.
- While representing the ownership group of a shopping center, Mr. Stich obtained a $2,210,000 condemnation award.
Health Care Experience
- While representing both medical practices and their doctors, Mr. Stich has negotiated and drafted corporate documents including doctor buy-ins, buy-outs, and practice mergers.
- Mr. Stich has drafted and negotiated a number of independent contractor agreements and employment agreements on behalf of medical practices, doctors, and their staff.
- Mr. Stich has assisted a number of physicians in retiring from their practice.
- While representing a regional hospital, Mr. Stich drafted various medical service agreements, including addendums for the chief of staff and trauma director; medical staff by-laws, and physician bonus plans.