Hon. Nancy Holtz (Ret.)

T: 617-228-0200
F: 617-228-0222
Available nationwide

Hon. Nancy Holtz (Ret.) comes to JAMS with over 30 years of experience as a Judge, attorney, and ADR practitioner. She is a member of JAMS Global Engineering and Construction panel and her practice includes a focus on construction litigation. 

While on the Superior Court, Judge Holtz presided over all types of construction cases. Since leaving the bench to become a full time neutral in 2012, Judge Holtz has also mediated and arbitrated numerous construction claims involving owners, general and subcontractors, suppliers, design professional as well as related insurers.

Representative Matters

  • Neutral reviewer on numerous Federal Emergency Management Agency (FEMA) claims related to Superstorm Sandy
  • $3 million claim of improperly manufactured and installed windows throughout a condominium complex
  • $2 million claim of multiple construction defects caused by water infiltration, improper installation of roof and windows on apartment complex
  • $40 million dispute involving collapse of scaffolding resulting in multiple fatalities at construction college dormitory in downtown Boston
  • $10 million claim arising out of river widening project: damages for extra costs, and delay damages due to need to change dewatering method from construction pumping method to a deep well system and then well point system
  • $5 million dispute regarding construction defects throughout condominium complex
  • $12 million dispute regarding claims of construction and design defects in municipal building
  • $2 million claim arising from renovations and repairs following a total fire loss to entire condominium complex. Issues addressed included economic loss doctrine, requirements for a derivative action, and validity of termination for convenience of general contractor
  • $18 million dispute regarding indemnification and contribution claims arising out of settlement of power plant litigation
  • $1.5 million residential construction dispute including construction and design defect claims, as well as scope of work claims
  • $3 million renovation of a public school resulting in claims of construction defects

Honors, Memberships, and Professional Activities

    • Recipient, Daniel F. Toomey Excellence in the Judiciary Award 2015
    • Vice Chair, Alternate Dispute Resolution Member, Massachusetts Bar Association
    • Member, ABA Forum on Construction Law
    • Member, ABA Section on Dispute Resolution Mediation Committee
    • Member, ABA Section of Litigation Committee
    • Fulbright Specialist, United States Department of State, Ulaanbaatar, Mongolia, 2012
  • Recent Presentations
    • ABA Forum on Construction Law, The Business of Becoming a Neutral 2015
    • Presenter, Massachusetts Bar Association, Reading Between the Lines: The ABC’s of Arbitration for New Lawyers 2015
    • Presenter: Misclassification of Employees: The Massachusetts Independent Contractor Statute, Massachusetts Bar Association 36th Annual Labor & Employment Conference
    • Presenter, “Discovery Disputes,” Boston Bar Association, 2014
    • Presenter, “Avoiding Litigation Through Arbitration and Mediation Clauses in Real Estate Agreements,” Real Estate Bar Association of Massachusetts Spring Conference, 2014
    • Presenter, “Getting on the Ground Level, New Opportunities for Neutrals in the Economical Litigation Agreement,” ABA Section on Dispute Resolution Spring Conference, Poster presentation, 2013
  • Publications
  • Professional Training
    • ABA 8th Annual Arbitration Training Institute, American Bar Association, 2014
    • Guided Choice: Innovations in Mediation to Get Better Settlements at Less Cost, American Arbitration Association, 2014
    • Managing the Cost of Exchanging Electronically Stored Information (ESI) in Construction Arbitration, American Arbitration Association, 2014
    • Counseling The Client During the Course of the Ongoing Construction Project, ABA Forum on the Construction Industry, 2014
    • Fundamentals and Best Practices for Arbitrators, American Arbitration Association, 2013
    • Construction Law Seminar, Defense Research Institute, 2012
    • Making Dollars and Sense of Construction Damages, ABA Forum on the Construction Industry, 2012
    • Mediating in the Red Zone, Straus Institute for Dispute Resolution, Pepperdine University, 2012
    • Mediating the Litigated Case, Straus Institute for Dispute Resolution, Pepperdine University, 2011

Background and Education

  • Holtz ADR, Mediator/Arbitrator, 2012-2014
  • Justice, Massachusetts Superior Court, 1996-2012
  • Secretary and General Counsel, Executive Office of Consumer Affairs and Business Regulation, 1994-1996
  • Commissioner, Alcoholic Beverages Control Commission, 1992-1994
  • Partner, Merrick and Louison (n/k/a Louison, Costello, Condon & Pfaff, LLP), 1987-1992
  • Assistant Corporation Counsel, City of Boston Law Department, 1984-1987
  • J.D., cum laude, Suffolk University Law School, 1984
  • B.A., summa cum laude, Phi Beta Kappa, Boston University, 1981


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