Timothy T. Corey

Partner

Hartford, Boston

860-331-2720

617-378-4170

tcorey@hinckleyallen.com

About

In a legal career spanning two 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, international clients, including: top ENR contractors, a major pharmaceutical corporation, a world leader in energy plant construction, and many of the world’s leading surety companies. Tim’s legal counsel has also proved successful for general contractors and sureties in arbitration and mediation, and in federal and state court. He has arbitrated, tried, or litigated cases 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.

Reported Cases

  • Appeal of All State Boiler Work, Inc., Docket No. VABCA-4537, 95-2 B.C.A. (CCH) 27, 831, 1995 VA BCA LEXIS 18 (July 6, 1995); aff’d sub nom. Togo D. West, Jr., Secretary of Veterans Affairs, Appellant v. All State Boiler, Inc., Appellee. All State Boiler, Inc., Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs, Appellee, 146 F.3d 1368 (Fed. Cir. 1998).
  • Alstom Power, Inc. v. Balcke-Durr, Inc., 269 Conn. 599, 849 A.2d 804 (2004).
  • City of Bridgeport v. C.R. Klewin Northeast, LLC, et al, Superior Court, Judicial District of Waterbury, Docket No. CV X06-CV-044000308 S, (March 3, 2005) (2005 WL 834349).
  • C.R. Klewin Northeast, LLC v. City of Bridgeport, Superior Court, Judicial District of Waterbury, Docket No. CV-X06-CV-044000306 S, (Feb. 4, 2005) (2005 WL 647830).
  • Grasso Paving & Landscaping, Inc. v. Five Twenty-One Corporation, Superior Court, Judicial District of Stamford-Norwalk at Stamford, Docket No. CV-91-0120669 (January 7, 1993) (8 CSCR 125).
  • Massachusetts Bay Insurance Co., v. Bailey, 2007 WL 2156388 (D. Conn. July 25, 2007).
  • Supreme Industries, Inc. v. Town of Bloomfield, Superior Court, Complex Litigation Docket at Hartford, Docket No. X03-CV-034022269, 2007 Conn. Super. LEXIS 721.
  • C.R. Klewin Northeast, LLC v. City of Bridgeport, SC 17590, Supreme Court of Connecticut, 282 Conn. 54; 919 A.2d 1002; 2007 Conn. LEXIS 161, November 30, 2006, Argued, April 17, 2007, Officially Released.
  • Reed Equipment Company v. A. Aiudi & Sons, Inc., Superior Court, Judicial District of New Britain, Docket No. CV-09-5014205; 2010 Conn. Super. LEXIS 2747
  • State of Connecticut v. Bacon Construction Company, Inc., et al, SC 18360, Supreme Court of Connecticut; 300 Conn. 477; 15 A.3d 147; Conn. LEXIS 101; January 14, 2011, Argued; April 5, 2011, Officially Released.
  • Travelers Casualty and Surety Company of America v. Michael Caridi, et al, Superior Court, Judicial District of Stamford-Norwalk at Stamford, Docket No. FST-CV-11-5013598 S; 2012 Conn. Super LEXIS 1083.
  • Travelers Casualty and Surety Company of America v. Michael Caridi, et al, AC 34559, Appellate Court of Connecticut; 2013 Conn. App. LEXIS 412.

Representative Transactions

Timothy Corey has dedicated his practice to Construction and Commercial litigation for over 25 years. Some notable accomplishments are summarized below:

Construction Litigation

  • 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 to 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.

Work Experience

  • Hinckley Allen
    • Vice-Chair, Construction & Public Contracts Practice Group
    • Partner (2009-Present)
  • Pepe & Hazard LLP
    • Managing Partner (2003-2006)
    • Partner (1993-2009)

Honors & Awards

  • Associated General Contractors of Connecticut, Industry Recognition Award as Supplier/Service Provider of the Year (2012)
  • Best Lawyers in America® (2011-2019); Lawyer of the Year (2014) Recognized for Litigation - Construction
  • Super Lawyers, Connecticut (2006-2018)
  • Martindale-Hubbell® AV Peer Review Rating, Recipient

Professional Affiliations

  • American Bar Association
    • Forum Committee
    • Construction Industry, Member
    • Fidelity Surety Law Committee, Member
    • Construction Law Section, Member
  • Connecticut Associated Builders and Contractors, Inc.
  • Connecticut Construction Industries Association, Inc., Mechanic’s Lien Task Force
  • International Association of Defense Counsel, Member

Bar Memberships

  • Connecticut, 1984
  • Massachusetts, 2000
  • Mashantucket Pequot Tribal Court, 2013
  • United States Court of Appeals, Federal Circuit, 1994
  • United States Court of Appeals, Second Circuit, 1991
  • United States Court of Federal Claims, 1991
  • United States District Court, District of Connecticut, 1986
  • United States. District Court, District of Massachusetts, 2009
  • United States District Court, Southern District of New York, 2013

Speaking Engagements

  • Construction SuperConference 2014 – “Raise or Fold – How To Effectively and Efficiently Plan and Prosecute Litigation and Arbitration Without Putting the Client on Tilt”
  • AICPA Construction Conference – “Key Clauses in a Construction Contract”
  • Cambridge Institute, Seminar – “Mechanic’s Liens, Performance Bond Claims, Payment Bond Claims”
  • Connecticut Bar Association, Seminar – “Demonstrative Evidence”
  • Connecticut Bar Association, Seminar – “Liquidating Agreements, Arbitration – Obtaining and Preserving the Award”
  • National Association of Credit Managers, Seminar – “Payment Bond Claims”
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Publication

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The legal doctrines of nullum tempus occurrit regi ("no time runs against the king") and nullum tempus…

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Case Study

Historic, $5.3 million arbitration award against architect

Hinckley Allen attorneys, Timothy T. Corey and Peter J. Martin, recently obtained a $5.3 million arbitration…

Past Event

Construction SuperConference 2014

December 3, 2014

Join our partners as they moderate and participate on a panel discussion at the upcoming Construction…

Past Event

AICPA Construction Conference

December 5, 2013

Session Number: 10 Title: Key Clauses in a Construction Contract Date: 12/5/13 Time: 12:55-2:10pm…

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