Associate Principal, The Holt Group
More than a decade of construction litigation and contract drafting experience. Provides practical solutions to clients’ business challenges. Experience ranges from relatively small disputes to multi-million-dollar claims in state courts, federal courts and arbitration.
In his construction-focused practice, Kevin Walsh provides developers and construction professionals with a wide range of legal services, including contract drafting and negotiation; dispute avoidance and de-escalation; mediation, litigation and arbitration; and compliance with public procurement laws.
Recent engagements include representing developers and contractors in disputes over defects, delays and payments; using mechanic’s lien rights to secure payment of amounts owed to general contractors and subcontractors; advising special districts concerning their compliance with public bidding requirements for public works projects; preparing a suite of custom form contracts; drafting and negotiating an intergovernmental agreement on behalf of a water and sanitation district; representing a private developer in a lawsuit predicated upon the performance of a purchase and sale agreement; representing the seller in a dispute over broker commissions; providing real-time advice to owner and contractor clients on active construction projects; and drafting contracts for all aspects of construction on private and public projects.
Kevin is also active with the firm’s e-discovery and litigation support services.
Successfully represented homeowner in the demolition and reconstruction of allegedly defective property at townhome.
Successfully represented developer in dispute with contractor that resulted in contractor’s continued work in development of project without need for formal dispute resolution proceedings.
Negotiated settlement of multi-million dollar litigation on behalf of private developer involving allegedly defective mechanical equipment and improper withholding of escrow amounts.
Successfully obtained release of multiple mechanics' liens that threatened both the imminent closing of townhome units and procurement of additional financing for project
Adjunct Professor, University of Colorado College of Engineering & Applied Science ("The Legal Aspects of Construction")
Co-Chair of the American Bar Association Forum on Construction Law’s Regional Programs for 2019 (“More Sticks and Bricks”)
COVID-19 and the AIA A201-2017: Anatomy of a Delay AnalysisCo-author, Law Week Colorado, April 6, 2020
Legal Issues for Managers During an EpidemicCo-author, Colorado Real Estate Journal, March 28, 2020
Assessing COVID-19 Remedies Under Construction ContractsCo-author, Law360, March 18, 2020
What Are Parties’ Rights Under the AIA Owner-Contractor Agreements in the Event of a Coronavirus Pandemic?
Brownstein Client Alert, March 6, 2020
Do Force Majeure Clauses Cover a Coronavirus Pandemic?
Brownstein Client Alert, March 5, 2020
Practical Advice for Creating and Maintaining Project Records for Potential Construction DisputesCo-author, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, Volume 11 Issue 3, August 2019
Qualifying the Construction Expert WitnessCo-author, Chapter 1 in The Effective Use of Forensic Experts in Construction Litigation, July 2019
Expecting the UnexpectedCo-author, Law Week Colorado, November 19, 2018
Identifying and Mitigating the Risks Created by Problematic Clauses in Construction Contracts,Author, American Society of Civil Engineers, May 4, 2017
What to Do (and What Not to Do) to Maximize the ‘Promise’ of ArbitrationCo-author, ABA Forum on Construction, Fall Meeting, October 8, 2015
3AM Nightmares – Mistakes Attorneys Make in Complex Litigation and How to Deal with ThemCo-author, ABA Forum on Construction, Midwinter Meeting, January 29, 2015
Getting The Arbitration Process You Want: Predictability, Efficiency and Economy in Commercial ArbitrationCo-author, Ohio State Bar Association, Advising Corporate Directors and Officers Seminar, Columbus, OH, May 16, 2014
Chapter 32: The Design Professional’s Perspective on ADRContributing Author, Construction ADR Handbook, ABA Publications, Inc., 2014
Demystifying the Arbitrator’s Expectations: Best Practices for Promoting Efficiency and Economy in Arbitration
Co-author, ABA Forum on Construction, Midwinter Meeting, Paradise Island, Bahamas, January 2014
Identifying and Mitigating the Risks Created by Problematic Clauses in Construction ContractsAuthor, American Society of Civil Engineers Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2017
Colorado Super Lawyers, Rising Stars, 2018-2020
American Bar Association Forum on Construction Law
Regional Director, Rocky Mountain Region, Society of Construction Law North America