Associate Principal, The Holt Group
Focused on a solutions-oriented approach, Kevin Walsh represents a variety of clients in the construction and real estate industries. In his construction law and commercial litigation practice, Kevin provides general contractors, design builders, subcontractors, architects, engineers, private owners and governmental entities with a wide range of legal services, including contract drafting and negotiation; dispute avoidance and de-escalation; mediation, litigation and arbitration; compliance guidance; and appeals. Kevin’s litigation experience ranges from relatively small disputes to multimillion-dollar claims in state courts, federal courts and arbitration.
Recent engagements include representing private developers, public entities and contractors in disputes over construction defects, mechanic’s liens, performance issues, delays, project close-out and final payment; effectively using mechanic’s lien rights to secure payment of amounts owed to general contractor and its subcontractors; representing a special district with respect to its compliance with public bidding requirements; preparing a suite of custom construction contracts for private developers, a special district and a general contractor; representing a private developer in a multi-million dollar lawsuit predicated upon the performance of a purchase and sale agreement; and drafting contracts for virtually all aspects of consultation, design, procurement and construction on residential and commercial projects both inside and outside of Colorado.
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”)
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 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