Overview

Rachel Burkhart provides practical, goal-oriented dispute resolution services to clients in the construction and real estate industries.

Construction Disputes

As a construction attorney, Rachel primarily represents contractors and owners in disputes involving scheduling and delay claims, differing site conditions, professional negligence, construction defects, mechanic’s liens, and payment withholding claims. She has experience on a wide range of projects, including conventional and alternative energy generation, electrical transmission and distribution, water and wastewater tunnels, sports facilities, hotels and mixed-use resorts, and commercial buildings.

Real Estate Litigation

Rachel counsels owners, developers and landlords in a variety of disputes related to their real estate interests. She has particular experience in commercial leases, common interest ownership associations, special districts, real estate finance, and land use entitlements.

Prior Experience

Prior to joining the firm, Rachel clerked for Judge David C. Godbey at the U.S. District Court for the Northern District of Texas.

Credentials

Bar Admissions

Colorado
Texas

Clerkships

U.S. District Court for the Northern District of Texas, Hon. David C. Godbey, 2015-2016

Education

Columbia Law School
J.D. Columbia Human Rights Law Review, A Jailhouse Lawyer's Manual (Articles Editor) (2014)

The University of Texas at Austin
B.A. in History, cum laude, Certificate in International Studies (2010)

Insights & Events

Other Perspectives
  • Responding to Discovery Subpoenas: Colorado
    Co-author, Practical Law, February 6, 2019
  • Additional Civil Appeals: Colorado
    Co-Author, Practical Law, March 20, 2017

Leadership & Community

Pro Bono

  • Member of legal team advocating for improved conditions in New Mexico prisons on behalf of a 6,000-member class of incarcerated persons at risk of COVID-19 infection.
  • Represent disabled minor in administrative appeal regarding alleged overpayment of Social Security benefits due to excessive resources.
  • Filed appeal on behalf of veteran suffering from post-traumatic stress disorder and other service-connected disabilities in administrative proceedings to correct their military records.
  • Investigated procedural due process violations in Colorado municipal courts in partnership with the American Civil Liberties Union (ACLU) with an eye on potential legislative reform.
  • Obtained a writ of habeas corpus from the Seventh Circuit U.S. Court of Appeals on behalf of a federal prisoner whose right to self-representation had been violated in state court.
  • Rachel is dedicated to addressing the housing crisis in her community and regularly represents residential tenants on a pro bono basis.

Civic Activities

  • Colorado Women’s Bar Association (CWBA) — Diversity, Equity & Inclusion Committee; Judicial Committee

Honors

  • Faegre Drinker — Pro Bono Honor Roll, 2020 
  • Faegre Baker Daniels — Pro Bono Honor Roll, 2017-19
  • Columbia Law School — Harlan Fiske Stone Scholar
  • Columbia Law School — Parker School Certificate in Foreign and Comparative Law
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