Todd Regan

Practice Areas

Construction

Surety

Construction Receivable Recovery

Construction Professionals

Career

Todd Regan, a Partner in the firm’s Construction practice group, has more than twenty years’ experience in litigating complex construction and commercial disputes throughout the Northeast. Todd frequently appears in the state and federal courts in Connecticut, Massachusetts and New York. He is honored to have been recognized by his peers as a Best Lawyers® “Lawyer of the Year” in Construction Law for 2022 and 2024.

Todd regularly advises project owners, construction managers, trade contractors, suppliers and design professionals in high stakes disputes concerning project delays, inefficiencies and lost productivity, defective design and construction, unfair trade practices and bad faith. He has a particular expertise in litigating mechanic’s liens and surety bond claims and is a frequent writer and speaker on legal issues impacting the construction industry. Todd has successfully argued before the U.S. Court of Appeals for the First Circuit and the Connecticut Supreme Court on significant issues concerning the construction industry.

Todd has represented parties in complex disputes in a variety of industries and projects, including subways and public transportation; large infrastructure projects such as roads, bridges, and pipelines; university residence halls and dining facilities; military bases; public school construction and renovations; energy projects including power plants and solar farms; office buildouts and renovations and luxury residential construction. Notably, he represented a bridge contractor in an appeal before the Connecticut Supreme Court in a case that helped define the scope of the waiver of the State’s sovereign immunity for disputed claims on public construction projects. The case resulted in the reinstatement of a $13 million arbitration award in favor of the contractor.

Todd frequently counsels clients in the negotiation of complex construction agreements, including agreements with construction managers, general contractors, owners, engineers, and subcontractors. He has represented clients in the negotiation of agreements for a wide range of projects, including manufacturing facilities, warehouses, affordable housing developments, infrastructure, high rise hotels, tenant fit-outs and apartment buildings.

Todd heads the firm’s Surety Practice Group. He has extensive experience representing sureties with respect to payment and performance bond claims, contractor defaults, takeover and completion agreements, and the defense of bad faith claims.

He successfully argued on behalf of a surety before the Connecticut Supreme Court in defense of a bad faith claim stemming from the surety’s handling of a payment bond claim. He defeated the claimant’s effort to create an implied judicial default provision into the statute, thereby creating new law on the proper interpretation of the state’s Little Miller Act.

Todd successfully defended a surety against bad faith claims asserted by a bond principal in an effort to extinguish a $100 million indemnity obligation stemming from a contractor default. He also successfully argued on behalf of a surety before the U.S. Court of Appeals for the First Circuit on a dispute concerning a surety’s right to seek an attachment of an indemnitor’s assets under Massachusetts law.

Todd serves as one of just eight members nationally of the Attorney Advisory Council for the National Association of Surety Bond Producers. He frequently authored articles and presents on a variety of topics concerning the surety industry and is actively involved in numerous industry organizations, such as the American Bar Association’s Tort Trial and Insurance Section Fidelity and Surety Law Committee, and The Surety Claims Institute.