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Mr. Willits is a founding member of Holden Willits PLC. He has 25 years of experience handling all manner of construction and commercial disputes, as well as providing advice and counsel on construction and commercial matters.  He was voted Construction Lawyer of the Year for 2016 and 2021 by U.S. News – Best Lawyers of America™.  He regularly represents general contractors, subcontractors, sureties, architects, design professionals, lenders, insurers, and business owners in all facets of construction law, from drafting contracts through trials and appeals.

Lawyer of The Year, Barry A. Willits, Construction Law 2021

Awards and Recognition

  • U.S. News – Best Lawyers of America® – Construction Lawyer of the Year, Phoenix (2016 and 2021)
  • U.S. News – Best Lawyers of America® – Construction Litigation, Phoenix, (2012—Present)
  • Southwest SuperLawyers™ – Construction/Surety (2007—Present)
  • AV Preeminent® Rated by Martindale-Hubbell® (2003—Present)

Professional Experience

  • Holden Willits PLC, Phoenix, Arizona
    • Member, May 2010-present
  • Holden Willits Murphy PLC, Phoenix, Arizona
    • Member, September 2007-April 2010
  • Holden Brodman PLC, Phoenix, Arizona
    • Member, November 2001-September 2007
  • Holden Walker PLC, Phoenix, Arizona
    • Founder and Member, May 2000-October 2001
    • Lewis and Roca LLP, Phoenix, Arizona Attorney, 1996-2000
    • Law Clerk to The Hon. Sarah Evans Barker, Chief Judge for the U.S. District Court in the Southern District of Indiana (1994-1996)

Publications & Seminars

  • Design/Build Handbook, American Bar Association (2000, 2003, and 2010 editions)
  • Economic Damage Claims Against Design Professionals, Arizona Attorney (February 2003)
  • Court of Appeals Says Licensing Statute Still Has Teeth, 13 Arizona Builders’ Alliance Legal Notes (July/August 2002)
  • Arizona’s Statute of Repose: Does It Really Bar All Claims After Eight Years? 15 Arizona Builders’ Alliance (June 2004)
  • Co-Author, Horne on Arizona Construction Law, State Bar of Arizona (2010 Cumulative Supplement)
  • Seminar Co-Chair and Speaker, “Lost in the Rubble: A Search for Neglected Arizona Construction Law Decisions” (April 2015)
  • Seminar Co-Chair and Speaker, “Arizona Construction Law: A Survey of Recent Developments” (March 2016)
  • Seminar Co-Chair and Speaker, “Arizona Construction Law 2017: Annual Update of Recent Developments” (March 2017)
  • Seminar Co-Chair and Speaker, “Read the Contract: A Lawyer’s First Step in Every Construction Dispute” (March 2018)
  • Seminar Co-Chair and Speaker, “Emerging Issues in Construction Litigation:  How Will Arizona Courts Address Developing Trends?” (April 2019)
  • Seminar Co-Chair and Speaker, “Arizona Construction Law 2020: The Past Decade in Review” (October 2020)

Litigation

  • Represented multiple large general contractors, subcontractors and suppliers in foreclosing mechanics’ liens against real property and leasehold interests.
  • Represented multiple large general contractors and subcontractors in prosecuting or defending against delay and disruption claims on public and private construction projects.
  • Represented general contractors, subcontractors and suppliers in prosecuting or defending against construction defect or product liability claims.
  • Defended multiple design professionals against professional negligence claims.
  • Assisted multiple employers with enforcing non-solicit, anti-piracy, non-compete and trade secret rights.

Transactional

  • Worked with multiple large manufacturers in computer chip and solar power industries to develop EPC suite of contract documents.
  • Drafted multiple liquidating agreements to pass through subcontractor claims against project owners.
  • Worked with multiple developers to negotiate, revise and finalize construction contracts, including AIA and Consensus Docs standard form contracts.
  • Assisted multiple out-of-state contractors in obtaining licensing from the Registrar of Contractors.