Todd Regan, a member of the firm’s Construction Group, has a wide range of experience representing all players in the architecture, engineering, and construction community in project-related claims, and in negotiating and drafting construction agreements. He also has significant experience representing businesses in commercial disputes.
Mr. Regan regularly advises construction managers, trade contractors, owners, and design professionals in disputes concerning project delays and inefficiencies, defective design and construction, unfair trade practices, bad faith, bond claims, and mechanic's liens. Mr. Regan frequently represents parties in construction disputes in the state and federal courts of Connecticut, Massachusetts, and New York, and he has argued before the U.S. Court of Appeals for the First Circuit and the Connecticut Supreme Court.
Mr. Regan has represented parties in disputes in a variety of industries and projects, including subways and public transportation; large infrastructure such as roads, bridges, military bases, and pipelines; university residence halls and dining facilities; public school construction and renovations; energy projects such as a gas-fired turbine plant and decommissioning of a nuclear power plant; and high end 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.
Contract Procurement and Project Delivery
Mr. Regan 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 affordable housing, infrastructure, a high rise hotel, and apartments.
Mr. Regan is actively involved in numerous construction industry organizations. In 2016, Mr. Regan was one of just nine honorees to be named to Engineering News Record-New England magazine’s Top Young Professionals in the construction industry. In addition, he is listed in The Best Lawyers in America© in the area of Litigation - Construction for 2017 and 2018. He was also recognized by Super Lawyers® from 2009 to 2012 as a New England Rising Star in the area of Construction/Surety Law and from 2013 through 2015 as a New England Super Lawyer in the area of Construction Litigation (Super Lawyers is a registered trademark of Key Professional Media, Inc.).
Mr. Regan 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.
Mr. Regan 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.
Mr. Regan 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. Mr. Regan 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.
Mr. Regan serves as one of just eight members nationally of the Attorney Advisory Council for the National Association of Surety Bond Producers. He has authored articles and presented 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.
Pro Bono and Community Involvement
Mr. Regan is actively involved with community organizations, having served as a volunteer reader for the Hartford Public Schools, a pro bono attorney with Lawyers for Children America and as a board member for several nonprofit organizations, including Connecticut Landmarks, the Connecticut Community for Addiction Recovery, and Organized Parents Make a Difference.