Total Credits: 5.75 Construction Defect Law Specialization, 5.75 CLE, 1 Ethics
The 1985 Arizona Supreme Court decision in New Pueblo Constructors, Inc. v. State of Arizona has long been recognized as Arizona’s most consequential construction law case. On the issues of notice and damages, the case has been cited by scores of courts throughout the United States and discussed at length in leading construction law treatises. This year’s State Bar Construction Law Section’s All-Day Program will focus on New Pueblo’s progeny, and consider if the decision is still alive, well and thriving. The faculty of judges, arbitrators and experienced construction lawyers will discuss what every Arizona construction lawyer needs to know about contractual notice requirements and proving damages in construction cases. The seminar will include one hour of CLE ethics credit.
The program will cover a wide range of topics, including:
Program Co-Chairs
Michael J. Holden, Holden Willits PLC
Barry A. Willits, Holden Willits PLC
is the founding member of the Phoenix law firm of Holden Willits PLC. A 1980 graduate of Duke Law School, he has concentrated his practice for over 41 years in the areas of construction law, representing primarily owners, contractors, subcontractors, materials suppliers and sureties. Mr. Holden is a frequent author and speaker on a wide range of construction issues. He helped draft the 1992 and 1998 amendments to the Arizona mechanics' and materialman's lien laws. He was also one of the primary authors of Arizona's revolutionary private sector prompt payment law enacted in 2000 and the 2010 prompt pay amendments. He was the founder and first chair of the Arizona State Bar Construction Law Section, and he serves as legal counsel for the Arizona Builders Alliance. He is also an adjunct professor at Arizona State University School of Law and has taught a course on construction law for the past 18 years. In 2010, 2013 and 2019, he was selected by Best Lawyers in America® as the Lawyer of the Year for Construction Law in Phoenix. Southwest SuperLawyers has named him one of the top 50 lawyers in Phoenix eight of the last ten years. He was elected as a Fellow to the American College of Construction Lawyers in 2011. (03/2022)
is a partner with Holden Willits PLC. His practice focuses on commercial litigation and construction law. He has represented owners, general contractors, subcontractors, materials suppliers, sureties and design professionals. He is a frequent author and speaker on a wide range of construction issues including the Arizona chapter of the 2000, 2003 and 2010 editions of the ABA Design/Build Handbook; "Economic Damage Claims Against Design Professionals," Arizona Attorney (February 2003). Mr. Willits has been named in Best Lawyers in America® for construction litigation every year since 2012, and he was named Lawyer of the Year in 2016, 2021 and 2022. From 1994 through 1996, Mr. Willits clerked for the Hon. Sarah Evans Barker, Chief Judge for the U.S. District Court in the Southern District of Indiana. He is a member of the State Bar of Arizona and the American Bar Association (Construction Forum) and is admitted to practice in the U.S. Seventh Circuit Court of Appeals and the U.S. District Courts for Arizona and Southern Indiana. He graduated Order of the Coif from the University of Virginia Law School and earned a B.A. with highest distinction, Phi Beta Kappa, from Indiana University in 1989. Mr. Willits is listed in Best Lawyers in America and Southwest Super Lawyers. (03/2022)
