Nicholas K. Holmes

As a member of our firm’s construction practice group, I help businesses and individuals with complex commercial cases. Over the course of my career I have had the privilege of representing owners, engineers, and contractors in a variety of construction cases, both here in New Hampshire and in other jurisdictions. I enjoy the challenging nature of construction litigation; both the number and complexity of the issues involved make construction disputes interesting cases to litigate.

My role is more than merely serving as a zealous advocate. While I have the knowledge, skills, and the experience to fully litigate a case should that be necessary, I understand that in many cases my clients are seeking a business solution, and I work with them to try to reach a successful resolution, whether through mediation or another type of alternative dispute resolution (ADR).
Outside of work, I enjoy mountain biking and hiking with my family and friends. I also enjoy my work for charitable organizations, such as Pedaling for Payson, a fundraiser for patients undergoing treatment at Concord Hospital’s Payson Cancer Center.

Representative Matters

  • Counsel for owner in dispute with EPC contractor regarding construction of biomass power plant.  (State Court – New Hampshire).
  • Represented successful bidder in protest brought by disappointed bidders regarding public project.  (State Court – New Hampshire).
  • Counsel for contractor in dispute arising from the construction of a LNG terminal in United Kingdom (Arbitration - London).
  • Successfully brought multimillion dollar claim on behalf of contractor against OEM regarding defects in design of combustion turbines.  (Federal Court – Illinois).
  • Obtained recovery for EPC contractor in litigation arising from defects in design of HRSG. (Federal Court – Iowa).
  • Lead counsel for contractor in case relating to design and construction of geothermal power plants in Salton Sea Known Geothermal Resource Area.  (Arbitration – San Diego, CA).
  • Brought claims on behalf of an engineering firm to recover cost overruns it incurred in design of biotech facility in Massachusetts (Arbitration – Boston).
  • Lead counsel in claim against OEM regarding defective design of turboexpander.  (State Court – California).
  • Defense of claims against company arising from design and construction of transmission systems (Arbitrations – North Carolina).
  • Successfully brought claim on behalf of EPC contractor against OEM alleging defective design and installation of specialized power plant equipment.  (Federal Court – California).
  • Representation of construction management company in claims relating to multimillion dollar renovation of facilities throughout school system (State Court – New Hampshire).


Speaking Engagements

  • “BIM: Addressing the Legal Issues,” Boston, Massachusetts, October 2010
  • “The Nuts and Bolts of Expert Selection and Observing the Ethical Line Associated With the Preparation and Review of Expert Reports,” Fall Meeting of the ABA Forum on the Construction Industry, Miami Beach, FL, September 2010
  • “The Role of the Forensic Engineering Expert,” Park City, Utah, August, 2007
  • “The Fundamentals of Construction Contracts,” Manchester, N.H., January, 2007
  • “Construction Delay Claims,” Londonderry, N.H., November, 2005
  • “The Importance of Documentation by the Project Team – A Litigator’s Perspective,” Toronto, CA, September 2005
  • “The Role of the Contract in a Successful Construction Project,” Denver, CO, July, 2005

Community Involvement

  • Steering Committee for the Concord Hospital Trust’s “Pedaling for Payson” Fundraiser
  • Central N.H. Chapter of Northeast Mountain Biking Association

We Can Help You

Contact us today to learn more about how the attorneys at Devine Millimet can help you with your legal needs.

            Services & Industries

            Business, Commercial & Financial Litigation

            Dispute Resolution & Litigation

            Energy & Regulated Industries

            Engineering & Construction Law

            Bar Admissions


            New Hampshire


            University of Wisconsin, School of Law, JD, honors, 1984

            Cornell University, BA, magna cum laude, 1981

            Awards & Affiliations

            ABA Forum on Construction Law, Governing Committee (2017 - 2020)

            Massachusetts Bar Association, Development & Construction Law Practice Group (Steering Committee, 2017 - current)

            American Arbitration Association Panel of Construction Arbitrators, Member

            American College of Construction Lawyers, Fellow