Paul M. Durham

USA: Utah

Durham Jones & Pinegar P.C.
111 S. Main Street
Suite 2400, Salt Lake City
UT 84111

Tel: 801.415.3000
Fax: 801.415.3500

Email: pdurham@djplaw.com
Web: www.djplaw.com

Paul Durham was named Salt Lake City “Lawyer of the Year” in Litigation – Real Estate for 2014 by U.S. News Media Group and Best Lawyers in America. Mr. Durham began practicing law in 1980 and founded Durham Jones & Pinegar (D|J|P) in 1991. He has helped grow the firm from two lawyers in 1991 to more than 90 lawyers today. Mr. Durham is recognized nationally as a leading attorney in the areas of real estate law, corporate law and litigation. He was named one of the Top 100 Lawyers in the Mountain States in 2013-2014 and 2016-2017 by Super Lawyers Magazine. Mr. Durham is rated “AV Preeminent” by Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics.

In real estate matters, Mr. Durham counsels clients regarding complex development projects, hotel and resort properties, office buildings, retail properties, residential developments, multi-use projects, industrial parks, apartment buildings, condominiums, and raw land. He advises clients with respect to purchases and sales of real property, leasing, joint venture agreements, development agreements, land-use matters, construction activities, real estate-based financing, condemnations, easements and other property interests. He led a team which handled all the real estate work associated with the purchase of over 30 grocery stores located in Utah, Idaho and Nevada in a single transaction. He also handled the due diligence and acquisition of 14 premier fitness club locations throughout Alaska.

Regarding corporate law matters, Mr. Durham represents companies in mergers, acquisitions, spin-offs, and joint ventures. He has substantial experience with the Hart-Scott-Rodino Antitrust Improvements Act of 1976. He advises companies on corporate and limited liability laws. He drafts and reviews legal opinion letters and is the chair of the firm’s Legal Opinion Committee. He has handled numerous stock and asset transactions involving the purchase or sale of construction companies, chemical companies, resort hotels, car dealerships, etc.

Mr. Durham represents and advises clients in civil litigation involving real estate and commercial matters. He has experience trying cases before courts and juries. He has handled appeals to state and federal appellate courts in Utah, Idaho and the 10th Circuit Court of Appeals. He is admitted to practice law in all state and federal courts of Utah and Idaho, in the 10th Circuit Court of Appeals and in the U.S. Supreme Court. Mr. Durham recently defended a case involving a multi-week trial with claims totaling 45 million dollars, with no damages assessed against his client.

Mr. Durham received the Professionalism Award from the Utah State Bar in November, 2012. He is listed in Best Lawyers in America (in the areas of real estate, corporate law, and litigation). He was featured in Forbes Magazine (June, 2004), is regularly listed in Super Lawyers Magazine, and is among Utah’s “Legal Elite” according to Utah Business Magazine.

Mr. Durham served as President and CEO of D|J|P from its inception in 1991 to 2007. He served as a member of D|J|P’s Board of Directors from 1991 to present. He is currently General Counsel to the firm. As D|J|P’s General Counsel, Mr. Durham provides legal advice to D|J|P management and attorneys, and coordinates the firm’s legal affairs. He also chairs D|J|P’s Ethics Committee, and addresses issues involving the rules of professional ethics.

  • Paul Durham led a team of 10 attorneys in the real estate aspects of an acquisition by a billion dollar company of 34 Albertson grocery stores in a single transaction. The acquired stores consisted of a variety of owned, leased and ground-leased properties located in Utah, Idaho, Montana and Nevada. The work involved months of due diligence work, clearing up title issues, dealing with landlord and lender consents, property tax issues, and documenting and transferring title and associated rights to our client.
  • Mr. Durham regularly represents one of Utah’s largest highway construction companies and its affiliated companies. Projects have included negotiating and documenting a 30-year mineral lease for the acquisition of sand and gravel, and related reclamation obligations; acquisition of construction companies; acquisition of a building supply company; lending transactions; acquisition of real estate; preparation of joint venture agreements, etc.
  • He has represented hotels and resorts in Utah and New Mexico for over 20 years, including the development, on-going corporate representation, and sale of the Homestead Resort in Midway, Utah, consisting of multiple buildings, golf course, and vacation home properties in the vicinity of the resort, and the sale of a similar resort in New Mexico.
  • He represents a major landowner and developer in Utah and Idaho, handling legal issues and documentation regarding mass land acquisitions, condemnation proceedings, entitlements, vertical construction, real estate litigation, owners association issues, leasing, etc.
  • Mr. Durham has handled asset and stock acquisitions and sales of businesses, including sand and gravel businesses, an asphalt paving company, a major music holding company (to Warner Brothers), a scrapbooking company, software companies, chemical companies, a fulfilment company, truck trailer service and sales companies in Utah and California, hotels and resorts, automobile dealerships, a building supply company, etc.
  • He represented a national bank in dozens of construction and permanent financing secured by real estate. He also represents owners in obtaining bank and other financing (including HUD financing) of a variety of businesses, including car dealerships, manufacturing companies, nursing homes, etc.
  • He enjoys representing businesses as their “outside in-house counsel,” providing a wide range of legal advice on business and litigation matters based on his many years of experience in the practice of law.
  • He handled a two-week judge trial in Idaho defending against a claim of $45 million dollars for damages arising from a failed large residential real estate development. The case resulted in no damages being assessed against our client. The judgement survived an appeal to the Idaho Supreme Court.
  • Mr. Durham handled a one-week jury trial defending a claim of damages arising from the flooding of a home. After the trial and jury verdict, the case was successfully settled.
  • Mr. Durham handled a 6-week trial in federal court for a national oil company defending a claim of over $70 million, which resulted in only a nominal judgment.
  • Morgan v. Quailbrook Condominium Co., 704 P.2d 573 (Utah 1985) (nuisance claim arising from real estate development)
  • Salt Lake City v. Cahoon and Maxfield Irrigation Co., 879 P.2d 248 (Utah 1994) (stock in a mutual irrigation company as real property)
  • Jane L. et al., v. Norman H. Bangerter as Governor of the State of Utah, 828 F. Supp. 1544 (D. Utah 1993); 61 F.3d 1505 (10th Cir. 1995) (defense of governor regarding Utah abortion statute)
  • Republic Group, Inc. v. Won-Door Corp., 883 P.2d 285 (Utah App. 1995) (contract claim for broker’s fee in private placement of corporate stock)
  • C & Y Corp. v. General Biometrics, Inc., 896 P.2d 47 (Utah App. 1995) (contract formation; breach of fiduciary duty)
  • In Re General Determination of Rights to Use All Water Within Drainage Area of Utah Lake and Jordan River in Utah, Salt Lake, Davis, Wasatch, San Pete and Juab Counties in Utah, 982 P.2d 65 (Utah 1999) (general water rights determination)
  • Save Our Schools, et al., v. Board of Education of Salt Lake City, 122 P.3d 611 (Utah 2005) (school closure)
Whether you are a developer, landlord or individual property owner, we can help you navigate through legal considerations, financing issues, contracts and conflicts that often accompany real estate transactions.

Land Use and Real Estate Development

We represent property owners and others in a wide range of land use and real estate development activities. Our experience includes working with a broad range of local government zoning requirements, including zoning changes, special uses, representation before zoning boards and judicial appeals. We handle the full spectrum of real estate development issues, including property purchase and sale, development agreements, construction activities, financing issues, easements and other property interests, and condemnations. Our clients have included work for commercial, residential, office, mixed use, industrial, retail and public properties.

Leasing and Landlord/Tenant Issues

We represent landlords and tenants with respect to commercial, industrial, retail, office and residential properties. Our experience includes a full spectrum of issues, including negotiating leases and subleases, resolving or litigating lease disputes, evictions, options to purchase and other leasehold issues. We also have strong experience structuring agreements involving leaseholds, financing and other arrangements for public/private partnerships and leasehold concessions.

Construction

We have experience working with construction issues, from drafting construction documents, addressing public bid disputes, resolving construction claims and pursing construction litigation. Our work includes experience with AIA forms and a wide variety of project delivery methods. We also work with contracting and claims affecting construction-related professional services, such as architectural and engineering services, environmental consultants and project managers. We have experience with construction issues, such as Disadvantaged Business Enterprise and Davis Bacon requirements and other issues affecting regulatory requirements and public construction financing. Our work has included extensive work for large, complex projects.

PUD and Condominium Development

We have worked extensively with condominium developers through all phases of the development process to create and manage developments that meet their owners’ needs and comply with state law and local government requirements. Our work includes new development projects and apartment conversions.

Durham Jones & Pinegar is a top-tier law firm with more than 90 attorneys. It is one of the largest and fastest growing law firms in Utah based in Salt Lake City with additional offices in Lehi, Utah; St. George, Utah; Ogden, Utah; and Las Vegas, NV.

As a business-focused law firm, we offer a spectrum of legal services in a number of specialized fields. These include complex business & finance law, banking, commercial litigation, intellectual property, bankruptcy, real estate, tax, estate planning, employment, family law, immigration and more.

Our attorneys provide innovative and practical solutions, rapid response and attentive service. We offer a range of legal services to a diverse client base — from large public and private companies to individuals.

We advise clients throughout the United States and internationally. We have talented attorneys who are admitted to practice in Arizona, California, Colorado, Idaho, Hawaii, Nevada, New York, Maine, Minnesota, Texas, Wyoming, Washington, D.C., Washington State and Wisconsin. We also routinely represent clients with interests in Europe, Asia, Latin America and Australia.

Durham Jones & Pinegar is a member of the prestigious World Services Group (WSG), a global association whose members are among the top providers of professional business services. WSG is the second largest professional services network in the world, and membership is by invitation only.

All State and Federal Courts in Idaho | All State and Federal Courts in Utah | United States Court of Appeals for the Tenth Circuit | United States Supreme Court
Admitted into Practice