Business Transactions

The Holt Group LLC’s full service business law practice goes hand in hand with its many years of experience with business transactions. Our experience spans many years of handling countless issues, which provides us the insight to tackle any obstacles a client may encounter.

We represented the architectural joint venture that designed the Wellington E. Webb Municipal Office Building, Denver, Colorado, including negotiating and drafting the applicable contractual documents for the general contractor, Hensel Phelps Construction Co., throughout the course of the design and construction period.

We also represented the project architect in connection with the design and construction of the newly constructed Denver Justice Center. The Firm negotiated and drafted the design services agreement between the City and the architect; and continued to represent the architect through the course of the construction and completion of the building.

Additionally, we represented the project architect in connection with the design and construction of the Denver Convention Center Hotel. We initially worked with the City with respect to negotiating and drafting the design services agreement. After the City decided to create the Denver Convention Center Hotel Authority, we worked with counsel for the Authority and the City to complete the negotiation and drafting of all of the relevant project documents.

The Firm currently represents LeMoyne-Owen College, Memphis, Tennessee, in negotiating the construction and design documents for its new Student Housing Building.

While widely known for our specialized expertise in construction law, The Holt Group LLC is truly a business law firm that understands the day-to-day practical reality of our clients’ businesses and industries. Our attorneys have worked with clients to resolve a broad spectrum of commercial issues that confront their daily business operations. We have a deep, diverse and experienced litigation practice designed to protect the rights of our clients as plaintiff or defendant as the need arises.

Our attorneys provide a full range of dispute avoidance and resolution services and represent clients in all phases of litigation in state and federal courts and various alternative dispute resolution venues. Over the last several years, our Commercial Litigation practice has included representative experience in the following types of civil matters:

• Breach of contract actions
• Disputes over non-compete clauses
• Breach of fiduciary duty claims
• Partnership and JV disputes
• Interference with business relationships
• Civil trespass actions
• Employment disputes and wage claims
• Post-judgment collection issues
• Lease agreement disputes
• Fraud claims
• Regulatory disputes
• Property damage claims
• Insurance coverage disputes
• Corporate dissolution matters

The Holt Group LLC handles a full range of construction-related legal issues. We represent owners, contractors, suppliers, developers and design professionals in all phases of the construction process, from bidding and document preparation, performance and financing issues, claims, project close out, to warranty problems. The Firm’s construction attorneys have provided advice, counsel and assistance on virtually every topic and issue confronting the industry, including:

• Contract Drafting
• Project Delivery Systems
• Contract Risk Assessment
• General Advice
• Contracting Strategy
• Contract Negotiation
• Bidding and Procurement
• Contract Review
• Project Documentation
• Contract Administration and Compliance
• Ethics Compliance
• Contract Terminations
• Contract Disputes
• Claim Avoidance & Resolution
• Cost Overrun Disputes
• Risk Identification and Mitigation
• Local, State and Federal Government Contracts
• Environmental Risks
• Claims Preparation
• Design Errors and Omissions
• Materialman’s & Mechanics’ Liens
• Delays & Acceleration Claims
• Litigation & Arbitration
• Mediation
• Dispute Review Boards
• Change Order Review and Negotiation
• Bid Mistakes & Bid Protests
• Negotiation
• Green Buildings
• Mold and Sick Buildings
• Differing Site Conditions
• Construction Accidents
• Defending Claims
• Construction Defects
• Warranties
• Bonds & Insurance Claims
• Insurance Coverage Disputes
• Defective Plans & Specifications
• Architect and Engineer Malpractice Claims
• Impact & Inefficiency Claims
• Negligence Claims
• Project/Developer’s Counsel
• Project Management Policies and Procedures
• Regulatory Strategy for Capital Project Cost Recovery

We assist our clients at any point in the lifecycle of a project—from the outset to completion and any point in between. At the front-end of a project, we can assist in developing the project delivery method, the drafting, reviewing, and negotiating the design, construction, and/or consulting contracts, evaluating RFP responses, or developing project processes and procedures—all of which are designed to minimize the likelihood that claims and disputes will arise later.

We also are often called upon during the course of a project to assist our clients as issues arise so that claims can be avoided if possible. The Holt Group LLC has a thorough grasp and unique insight into the construction industry in order to assist construction project participants in recognizing, avoiding, and quickly resolving disputes arising out of the project so that the project participants can focus on what they do best—building a profitable project. However, there are times when disputes and claims cannot be avoided. In those instances, we are there to help as well. We have a record of success in both prosecuting and defending claims and disputed on behalf of our clients in state and federal court and various dispute resolution forums.

The “contract” is the foundation of virtually every relationship in the construction industry. “Contract interpretation” is the process of determining what the parties agreed to their contract. It involves deciding the meaning of words, filling in gaps and resolving conflicts. The more familiar you are with the basic rules of contract interpretation, the better your chances of avoiding the numerous problems that frequently arise during the negotiation and performance of construction contracts.

Clarity, common sense and precision are essential when drafting contract language. Such efforts will, hopefully, limit later uncertainty and misunderstanding among the parties and the need to refer to some third-party decision maker, court or arbitration to determine how the contract will be interpreted.

The Holt Group LLC’s core practice includes the negotiation and drafting of construction-industry contracts and related documents in both the private and public sectors. Our lawyers have significant experience in various industrial sectors negotiating and drafting EPC Contracts, design-build contracts, construction management agreements, Request for Proposal documents, design contracts, material and equipment purchase contracts, purchase orders, long-term maintenance agreements, consulting agreements, performance and payment bonds, parental guarantees, letters of credit, project finance agreements and project close-out agreements. We also have experience negotiating and drafting the agreements for various project delivery options such as joint ventures, alliances, partnering and teaming, consortiums, and project-specific companies. We have advised our clients on the structuring of complex transactions for the development of major capital improvement or industrial projects. Our attorneys have negotiated construction contracts worth anywhere between a few thousand dollars to over a billion dollars.

Regardless of the size of the contract, the main principles applied by The Holt Group LLC are the same: by working with our clients during the contract negotiation and drafting phase, we believe our attorneys can provide competitive advantages towards the successful execution and delivery of complicated construction projects and the prevention of project claims and disputes. The lawyers at The Holt Group LLC are relied on to interpret, document, negotiate and draft the terms of agreements in all types of construction projects for our clients in every phase of the industry.

Every business enterprise involves risk identification and management. Construction is especially risky since nearly every project is unique. Unlike a manufacturing operation with standard products assembled in a controlled environment, construction projects are typically unique structures built on unique sites by a team that has been assembled for the specific purpose. The allocation of risk and the economic consequences of risk are significant contributors to the fact that construction is a disputes prone industry. Therefore, prudent participants in this construction process strive to identify and manage risks and seek to avoid disputes by implementing prudent management techniques.

The clients of The Holt Group LLC not only receive outstanding legal representation through experienced and skilled attorneys, but also exceptional representation through superior Document Management Services implemented by a highly qualified and proficient paraprofessional team. Our Document Management Services have come to be recognized by our clients, as well as adversaries and judges, as high quality and industry-leading.

The Holt Group LLC’s Document Management Services can handle a wide range of client needs from a dispute that involves only a few thousand pages of documents to a large complex multi-party lawsuit that can encompass millions of documents. The Firm’s paraprofessional team not only organizes and maintains the documents tailored to the client’s interests, but has the ability to locate specific documents quickly and efficiently when needed. Our Document Management Services have become an effective “weapon” that sets us apart from other counsel and consistently produces beneficial results for our clients during a legal battle.

This unique approach to legal representation is provided through the most current and innovative technology. The legal profession has been reluctant to fully convert to the electronic age since it has been historically, and in some instances is still, a paper intensive profession. Conversely, The Holt Group recognizes that the electronic age has proven to decrease attorney’s fees and costs for our clients. As such, we have taken advantage of this to become skilled experts with legal electronic tools to better serve our clients and pass the financial savings onto them. As a part of our Document Management Services, our clients benefit from our professional team’s proficiency in many legal softwares, applications and electronic tools.

As our fundamental undertaking is to vigorously represent the interests of our clients, all of our Document Management Services are conducted with the highest security to protect the legal privileges afforded to our clients.

Our Document Management Services are tailored to each client’s needs and interests for any given dispute or lawsuit. Generally, our Document Management Services include the following:

All court filings, correspondence and email communications are housed in a matter specific Electronic Document Management Database. This allows us to keep our clients apprised of all activity on their matters through email communication. Additionally, correspondence or documents can be accessed and transmitted quickly and efficiently.

All documents related to the dispute or lawsuit are captured electronically and stored in a matter specific Electronic Evidence Document Database. The database is tailored to house the universe of evidence and testimony, and allows for efficient organization as well as quick and efficient searching and retrieval of documents when necessary. The database can also be shared via the internet with clients and experts. This database is maintained at all times with strict security to maintain the client privilege and interest.

Sharing large electronic documents with clients and adversaries can be expensive and cumbersome to handle via disk or external drives. The Holt Group utilizes an internet based password-protected website which allows us to exchange large electronic files easily, quickly and securely. The site can be tailored for the client’s or dispute’s needs and allows us to track and monitor files at all times.

In the event a client’s dispute heads to trial, we utilize a trial presentation tool that makes use of the electronic evidence housed in the client’s electronic document database to visually present the evidence supporting our client’s case to the judge and/or jury. This tool allows us to present a highly organized and compelling timeline of evidence in a visually appealing manner to the judge and/or jury. Additionally, in conjunction with The Holt Group’s attorneys, the paraprofessional team and in house graphic advisor are able to create unique trial illustrations in both electronic and large scale formats generating another layer of persuasive, visual evidence.

In the construction setting, when an owner fails to make payment, a mechanic’s lien can be a powerful tool for a contractor or subcontractor when properly utilized. A mechanic’s lien can also create problems for the property owner who wants to sell or transfer its property. The Holt Group LLC has experience in counseling both contractors and owners on the use and avoidance of mechanic’s liens prior to and following construction.

First, with respect to filing liens for a construction professional who has performed work, but has not been paid for this work, The Holt Group LLC has the ability to help contractors determine when a lien is permitted by law, the amount owned and appropriately claimed, to file a lien for the value of the work performed, and to foreclose on and prosecute the lien. Because statutory lien requirements are technical and mandatory, and subject to strict deadlines, it is important that a contractor follow the proper procedures in drafting, serving, and enforcing a mechanic’s lien. The Holt Group LLC has experience in serving mechanic’s liens and successfully foreclosing on the liens to collect the amount owed.

Second, the Firm can also advise owners and developers as to the steps that should be taken to avoid or defend against a mechanic’s lien. Both contractors and owners can avoid lien disputes through careful contract drafting. The Holt Group LLC has experience drafting and negotiating terms in construction contracts to waive or limit the use of liens. Contracts should also set forth clear terms with regard to how and when payment will be made. A contract can also require contractors to purchase a surety bond to insure against any liens filed. In the event a lien is filed, The Holt Group LLC has experience representing owners to defend against and seek the removal of the lien. For example, in certain circumstances, a lien can be invalidated if the amount claimed is excessive or if the claiming party failed to comply with the requirements of the lien statute. If necessary and appropriate, The Holt Group LLC can also advise an owner with regard to substituting a bond for a lien during a payment dispute.

The Holt Group LLC recently represented a general contractor in filing and prosecuting a $27 million lien and foreclosure action, which is currently pending. During the course of the litigation, the Court made a determination of law that the lien was properly filed and the action commenced in compliance with Colorado’s lien statute requirements.

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The Holt Group LLC’s attorneys and counselors have experience providing a range of appellate services to our clients. This experience includes both successfully appealing lower court decisions, as well as successfully defending against appeals brought by opposing parties. Additionally, the Firm’s attorneys have provided appellate services at all levels of state and federal courts, including the Colorado Court of Appeals, the Court of Appeals for the Federal Circuit, the 10th Circuit Court of Appeals, and the United States Supreme Court.

The Firm’s attorneys are well-versed in the two main facets of appellate advocacy: brief writing and oral argument. Just as importantly, however, The Holt Group LLC offers counseling regarding whether an appeal is the right course of action for a particular client. Whether to appeal a case can depend on a variety of factors including costs, time, the type of issue being appealed, and the likelihood that an appeal will be successful. The Holt Group LLC’s attorneys have the scope and depth of experience necessary to help their clients navigate through this decision process.