Nelson A. F. Mixon is a member of Holden Willits PLC. He focuses his practice on construction law, representing general contractors, subcontractors, material suppliers, owners, and design professionals in an array of construction matters.
In addition to his construction law practice, Mr. Mixon has substantial experience representing policyholders in all manner of insurance coverage and claims handling disputes. He also represents companies, businessowners, and executives in a variety of business and contract litigation matters.
Mr. Mixon has successfully tried cases in jury and bench trials before the Arizona courts, as well as arbitrations and evidentiary hearings before the Arizona Registrar of Contractors.
Mr. Mixon serves on the executive committees of the construction law sections of the State Bar of Arizona and the Maricopa County Bar Association, and is an active member of the American Bar Association’s Forum on Construction Law. He also serves the legislative committee chair for the Arizona Builders Alliance Young Builders’ Council, and he is a longstanding member of the Men’s Arts Council of the Phoenix Art Museum.
Awards and Recognition
Rising Star in Construction Litigation, Southwest Super LawyersTM (2015 through Present)
- Prevailed at arbitration for general contractor against subcontractor alleging delays and interference and wrongful contract termination on multi-family housing project.
- Defended owner of manufacturing facility in mechanic’s lien foreclosure lawsuit by general contractor and multiple subcontractors involving numerous areas of deficient work and project delays. Successfully resolved all claims.
- Represented national general contractor in mechanic’s lien foreclosure lawsuit against project owner and numerous subcontractors on large multi-family housing project, which involved multiple claims of defective design, improper workmanship, and delay.
- Pursued cardinal change claim against general contractor on behalf of excavation subcontractor. The case was successfully settled shortly before trial.
- Secured dismissal of $75 million indemnity lawsuit by developer against subcontractor.
- Represented non-profit property owner in litigation with construction manager, developer, and escrow company. The case was successfully resolved at mediation.
- Obtained defense verdict at jury trial for small contractor against property owner alleging numerous contract and tort claims.
- Represented commercial landlord in litigation against property insurer over failure to pay and investigate claim for wind damage to building and associated financial losses.
- Obtained coverage for repair costs for exotic boat damaged in microburst after denial of claim by property insurer.
- Obtained defense and indemnity for contractor facing high-exposure defect lawsuit by government entity after initial denials of coverage by liability insurers. The insurers ultimately defended and settled the case.
- Prevailed at trial for service business enforcing contract termination fee.
- Represented majority shareholder and CEO of company in litigation with minority shareholder and venture capital firm over corporate governance and payment matters.
- Represented purchaser of business in litigation with seller over failure to deliver full inventory.
Publications & Seminars
- Author, “My Building is Evidence? The Line Between Repairs and Spoliation of Evidence,” published in Under Construction, American Bar Association (2019).
- Contributing Author, Business Torts: A Practical Guide to Litigation, American Bar Association (2014).
- Contributing Author, Arizona Tort Law Handbook, State Bar of Arizona (2012)
Publications & Seminars
- Presenter, Everything You Always Wanted to Know About Waivers of Subrogation But Were Afraid to Ask (State Bar of Arizona)
- Presenter, Cover Your A$$ With Indemnity and Additional Insured Provisions (Arizona Builders Alliance)
- Presenter, Ethically Defending a Contractor Under a Reservation of Rights (Maricopa County Bar Association)