Brad Holm concentrates his practice in commercial litigation, with particular emphasis on construction, architect/engineer liability, and environmental matters. See Brad's personal commitment to clients.
His recent experience includes:
- A $19.1 million recovery against a national architectural firm and its insurers for design errors and omissions on a $130 million construction-manager-at-risk project in Phoenix, Arizona.
- The successful procurement of a contractor to supply the Automated Train Operating System for the new PHX Sky Train at Phoenix Sky Harbor International Airport. This $1 billion project is currently under construction.
- The successful defense of an Arizona municipality in a $200 million dispute involving construction of a unified plant at one of the largest wastewater treatment facilities in the United States.
- The successful defense of a commercial client in a significant business dispute that involved a covenant not to compete and pitted one the nation's largest business-forms manufacturers against a local commercial printer.
- A $16-million recovery against a national engineering firm and its insurers for design errors and omissions on the Arizona Air National Guard Fuel Storage and Distribution Project.
- The successful procurement of a contractor to build a new reach of the San Antonio River Walk in San Antonio, Texas.
- The successful defense of a national engineering firm in Superfund litigation involving the Phoenix/Goodyear North site. TCE from the old Unidynamics production facility had seeped down to groundwater.
- The privilege of serving as counsel to the Arizona Diamondbacks Major League Baseball team during construction of Bank One Ballpark (now Chase Field) in Phoenix, Arizona. Mr. Holm worked on procurement, arbitrated disputes during construction, and litigated construction claims following substantial completion.
Court Admissions
- 1981, Utah and U.S. District Court, District of Utah
- 1984, U.S. Court of Appeals, Tenth Circuit
- 1987, Arizona, U.S. District Court, District of Arizona, and U.S. Court of Appeals, Ninth Circuit
- 2001, United States Supreme Court
Education
- J. Reuben Clark Law School, Brigham Young University, UT, 1981, Juris Doctor
Honors: cum laude; J. Reuben Clark Scholar (top 10% of law class); BYU Law Review; Moot Court - Brigham Young University, Provo, UT, 1978, Bachelor of Arts
Honors: summa cum laude
Professional Activities and Memberships
- Adjunct Professor, Sandra Day O’Connor College of Law, Arizona State University (2011), teaching electronic discovery and digital evidence
- Maricopa County Superior Court Judge Pro Tem (1989-1993)
- Member, Construction Section, State Bar of Arizona (former member of Executive Council of Construction Section)
- Instructor of Business Law, Stevens Henager College (Provo, Utah)
- American Bar Association (member of Forum on the Construction Industry and Litigation Section)
- Maricopa County Bar Association
- Frequent seminar speaker on construction-related topics (including presentations at Construction Superconference in San Francisco)
Professional Recognition and Awards
- Southwest Super Lawyers® (2011)
- Harry S. Truman Scholarship, 1977
- Edwin S. Hinckley Scholarship, 1977
Areas of Practice
- Commercial Litigation
- Construction Litigation
- Architect/Engineer Professional Liability
- Environmental Litigation
Representative Presentations
- Mastering Construction Law 2011: Arizona's Construction Anti-Indemnity Statutes, State Bar of Arizona (February 2011)
- Arizona Construction Law 2010: Compliance with Notice Provisions in Your Construction Contract, Mock Appellate Advocate, State Bar of Arizona (February 2010)
- A Close Inspection of Recent Arizona Construction Law Decisions, Enforceability of Oral Change Orders on Public Projects, State Bar of Arizona (February 2009)
- Construction SuperConference, Point/Counterpoint: Is there Life Before and After Termination, Presenter (December 2008)
Recent Appellate Decisions:
- C and M Properties, L.L.C. v. Burbidge, et al., no. 07-4232 (10th Cir. 2009) (memorandum decision filed April 30, 2009)
- Uni-Bell PVC Pipe Association v. City of Phoenix, no. 06-15127 (9th Cir. 2007) (memorandum decision filed November 20, 2007)
- Ry-Tan Construction, Inc. v. Washington Elementary School Dist. No. 6, 210 Ariz. 419, 111 P.3d 1019 (2005)
- Carstens v. City of Phoenix, 206 Ariz. 123, 75 P.3d 1081 (App. 2003)
- Concrete Works of Colorado, Inc. v. City of Denver, 321 F.3d 950 (10th Cir. 2003)
- Ralph L. Wadsworth Constr. Co., Inc. v. City of Phoenix, Docket No. 1 CA-CV 93-0556 (Ariz. Ct. App., filed November 21, 1995) (unpublished).
Position
- Managing Member