Kevin P. Walsh

Kevin P. Walsh

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Background

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. 

Representative Matters

Construction Contracts

  • Drafted and negotiated a design-build contract for the renovation and construction of a luxury hotel and casino located in the mountains of Colorado.

  • Oversee process for contracting with outside vendors, including construction industry professionals and other service providers, on behalf of private real estate company with national presence.

  • Engaged by private real estate company with national presence to draft custom suite of construction, design, and service contracts. Regularly draft and negotiate contracts with construction professionals as need arises on projects and acquisitions throughout the country.

  • Engaged by special district for large, multi-family development in the Denver Metropolitan Area, to draft a customized contract for a Construction-Manager-at-Risk, to oversee the public bid process, and to negotiate terms with the selected contractor. Now providing advice and counsel to special district in connection with planning, design, and construction of the project.

Legal Project Management

  • Advised and counseled general contractor in connection with “company killer” dispute over cost over-runs and delays on a commercial renovation project.  Successfully de-escalated dispute, avoided formal dispute proceedings, and reached mutually agreeable terms of settlement.

  • Provided real-time advice to real estate developer in connection with impact of COVID-19 pandemic on construction of mid-story hotel in major metropolitan area. Through carefully worded letters that provided assurances while also preserving legal rights and remedies, the developer was able to continue construction, complete the project with relatively minor delays, and close-out the contract with no disputes and relatively minor adjustments to contract sum.

  • Provided counsel to special district in terms of evaluating the bid process and the bids received for a large public works project.  Counsel included advising whether the bid process met the requirements of the Colorado Public Works Act, which bidder(s) should be eliminated as non-responsive, which bidder(s) should be presumed the successful bidder, and the strategy for negotiating the remaining terms of the construction contract with the successful bidder.

Dispute Resolution

  • Represented owner of high-rise office building in the assertion of construction defect claims against a general contractor. Achieved a settlement that included repair of the defects in question, as well as reimbursement for consultant costs and ongoing project management costs.

  • Represented energy company in connection with several dozen oil-and-gas liens and mechanic’s liens recorded on client’s wells and other properties by equipment suppliers, workers, and other vendors.  Achieved client goals by quickly obtaining voluntarily release of liens that did not meet statutory requirements, while achieving negotiated release of remaining liens based upon review of accounting records and documentation supporting amounts allegedly owed.

  • Represented developer of high-end property in Cherry Creek in connection with claims by broker for commissions. Achieved favorable outcome following 3-day bench trial, which included minimizing the damages awarded and avoiding personal liability.

  • Defended developer of commercial office project from claims by institutional investor relating to alleged construction defects, alleged failure to disclose due diligence documents, and a dispute over the release of escrow payments under a purchase and sale agreement.  Achieved client’s goal of using discovery process to achieve advantageous settlement while avoiding jury trial.

Insights & Publications

Credentials

Education

  • J.D., 2010, DePaul University College of Law
  • B.A., 2006, University of Colorado

Previous Experience

Associate Principal, The Holt Group

Admissions

  • Colorado
  • Supreme Court of Colorado
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, District of Colorado

Memberships

American Bar Association Forum on Construction Law

Regional Director, Rocky Mountain Region, Society of Construction Law North America

Community Involvement

COMMUNITY INVOLVEMENT:

Board of Directors, HomeAid Colorado

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”) 

 

Recognition

AWARDS:

"Kevin is a go-to for construction contract reviews and negotiation. He is an efficient lawyer." "Kevin is a talented construction lawyer." – Chambers USA, 2023

Chambers USA, 2023

Colorado Super Lawyers, Rising Stars, 2018-2023

Best Lawyers in America, 2024