Timothy Corey

Practice Areas

Construction & Public Contracts

Compliance

Dispute Resolution

Procurement

Corporate Matters, Governance & Strategic Planning

Risk Management & Surety

Crisis Response & Management

Government & Internal Investigations

Transactions

Occupational Safety and Health (OSHA) & Crisis Mitigation

Career

Hinckley Allen, Partner (2009-Present)

Pepe & Hazard LLP, Managing Partner (2003-2006), Partner (1993-2009)

Professional Memberships

Connecticut Associated Builders and Contractors, Inc.

Connecticut Construction Industries Association, Inc., Mechanic’s Lien Task Force

International Association of Defense Counsel, Member

Work Highlights

Construction Litigation:

On behalf of an Owner, successfully defended a $110M Differing Site Condition Claim by a Joint Venture on a tunneling project in Hartford, CT.

Successfully defended a $70M claim by a mechanical contractor against the general contractor involving a $900M EPC Project in the Northeast. The Award to the mechanical contractor was less than 10% of the claim.

Successfully defended a $90M extra work and lost productivity claim in an international arbitration. The damages to the client, the CM, were limited to some of the hard dollar disputed change orders.

Was part of the International Arbitration Team that recovered $220M for the EPC Contractor in wrongful termination and extra work case.

On behalf of a Joint Venture, successfully defended a $30M lost productivity claim by an electrical subcontractor on a transit project in Washington, D.C.

After 15 days of hearing before a three arbitrator panel, we obtained an award in the amount of $5,359,643.83 in favor of the developer of a large mixed use condominium project in Stonington against the project architect for defective design and deficient construction administrative services resulting in severe water leaks through the project’s windows, doors and masonry. This case began with an April 2008 state court action and ended with this September 2014 arbitration win. This is believed to be the largest arbitration award against an architect in Connecticut.

Recovered $9.0 million in an arbitration representing a general contractor against a steel supplier for delays and damages resulting from missed delivery dates relating to the Whitestone Bridge

Recovered $7.65 million in an arbitration concerning the construction of a sports arena for a construction manager against a major Connecticut municipality.

Recovered $2.8 million in damages for a top 10 ENR 400 contractor for work performed on gas turbine power plant in arbitration in Louisville, Kentucky.

Recovered a $2.3 million arbitration award on behalf of an owner against an architect for defective design and misrepresentation.

Recovered $1.3 million in damages for extra work claims, including payment for lead and asbestos removal for a general contractor in a wrongful termination case against a municipality. The general contractor was named as the defendant: the wrongful termination was rescinded.

Successfully recovered over $1.5 million in damages for a general contractor in a wrongful termination case involving the construction of one of the top ten golf courses in the United States.

Representation of a major pharmaceutical company in federal court in a $5.6 million delay claim by a subcontractor.

Representation of a top 20 ENR 400 general contractor in pursuit of a $12.7 million claim against a subcontractor for abandonment.

Representation of a world leader in energy plant construction general contractor in a $10 million claim against the owner relating to a tire-to-energy plant in Connecticut.

Expanded the law regarding recovery under the “Eichleay Formula” for suspension of work claims before the Board of Contract Appeals and the Federal Circuit Court of Appeals. West v. All State Boiler, Inc., 146 F.3d 1368 (Fed. Cir. 1998)

Successfully represented contractors, defending against defective work claims in roof, and concrete and title failure cases

Negotiated a rescission of termination and an increase in the contract price on behalf of an EPC contractor for a co-gen plant in New York City

Representation of a group of general contractors in federal and state court, the American Arbitration Association and Board of Contract Appeals in pursuit of acceleration, delay, disruption and unforeseen site condition claims

Surety Litigation:

Successfully represented one of the world’s leading surety companies in defending a $27 million defective work claim by the State of Connecticut, Department of Transportation under a $57 million performance bond

Successfully defended a general contractor against a municipality’s assessment of liquidated damages and received extra work and delay damages

Representation of a surety in New Orleans, Louisiana regarding multiple project defaults on federal, state and municipal projects by the general contractor. Takeover, re-let agreements and subcontractor claims were successfully negotiated

Defense of claims totaling $2 million by an owner under a surety’s performance and payment bond regarding the general contractor’s default on a wastewater treatment plant project in Connecticut

Recovered more than $800,000 in an indemnity action for a surety against a Fortune 500 Company

Successfully defended a general contractor against a $4.8 million claim by a take-over surety for a subcontractor’s wrongful termination. The surety recovered only $125,000; its earned contract balance

Commercial Litigation:

Obtained a defendant’s verdict for a major insurance company in a $7.5 million destruction of a business claim

Successfully represented a client in litigation against a former corporate president for breach of fiduciary duty and theft of corporate opportunity

Successfully represented a client in Federal District Court in Jackson, Mississippi in litigation against a joint venture partner for breach of fiduciary duty and corporate theft

Pierced the corporate veil and recovered over $500,000 in damages

Expert in these Jurisdictions

Connecticut

Massachusetts

Mashantucket Pequot Tribal Court

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Second Circuit

United States Court of Federal Claims

United States District Court for the District of Connecticut,

United States District Court for the District of Massachusetts

United States District Court for the Eastern District of New York

United States District Court for the Southern District of New York

Experience

In a legal career spanning three decades, Tim has successfully recovered multi-millions of dollars in damages for his clients across the United States. Focusing in Construction and Commercial Litigation, he has successfully represented high-profile, national and international clients, including: top ENR contractors, a major pharmaceutical corporation, a world leader in energy plant construction, and many of the leading surety companies. Tim’s legal counsel has also proved successful for general contractors and sureties in arbitration, mediation, as well as in federal and state court. He has arbitrated, tried, or litigated cases in Connecticut and nationwide in major metropolitan markets including Manhattan, Brooklyn, Louisville, Boston, and Jackson.

Tim is the former Chair of the Connecticut Bar Association Construction Law Section. His many professional accomplishments include the expansion of the law regarding a Connecticut contractor’s recovery under the “Eichleay Formula” for suspension of work claims before the Board of Contract Appeals and the Federal Circuit Court of Appeals. An in-demand panelist and speaker, Tim has presented programs and seminars on emerging trends and changes in construction and surety law. As a keynote speaker, he has lectured at the Connecticut Bar Association, the National Association of Credit Managers, and the Cambridge Institute in Massachusetts.

Education

Awards