Todd R. Regan

Partner

  • Overview

    Biography

    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.

    Dispute Resolution

    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.).

    Surety Claims

    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.

  • Experience
    • Experience

      Experience

        Dispute Resolution

      • Represented the University of Connecticut and achieved a favorable settlement of millions of dollars against the design and construction teams in connection with design and construction defects on a campus dormitory complex.

      • Defended third party administrator from multi-million dollar claims alleging negligent underwriting and claims handling of construction contract surety bonds.

      • Represented one of the nation's largest specialty electrical contractors in the assertion of affirmative claims for extra costs stemming from extended project duration, loss of productivity, and acceleration on a New York Transit Authority project.

      • Represented specialty electrical contractor in the assertion of backcharges against a subcontractor for schedule delays due to late equipment deliveries and defective workmanship on MTA project in Manhattan. 

      • Successfully argued on behalf of surety in Certified Question before the Connecticut Supreme Court concerning the proper interpretation of the statutory public works payment bond claims procedures and defeated effort to read implied judicial default provision into the statute.

      • Successfully represented bridge contractor in appeal before the Connecticut Supreme Court in a dispute concerning the scope of the waiver of the State's sovereign immunity for disputed claims on public construction projects, resulting in the reinstatement of a $13 million arbitration award in favor of the contractor.

      • Represented site work subcontractor in claims against prime contractor and surety for unpaid contract balances and disputed change orders on camp Lejeune Marine Corps base project located in Jacksonville, North Carolina.

      • Representation of the owner of a high-end home in multimillion-dollar claims against the project architect, HVAC designer/installer, window installer, and window manufacturer with respect to defective design and specification of windows and HVAC systems.

      • Represented surety in defense of multimillion-dollar bad faith claim asserted by indemnitor and in affirmative claims against indemnitor for reimbursement of over $100 million in losses on failed bridge projects.

      • Successfully argued on behalf of a surety before the U.S. Court of Appeals for the First Circuit on matter concerning the interpretation of a surety's right to seek an attachment of assets under Massachusetts law.

      • Represented public utility in defense of multimillion-dollar claims for delays, lost productivity, and disputed change orders asserted by drainage/site work contractor on a project for the installation of underground power transmission lines.

      • Served as local counsel for international window manufacturer in multiday trial in the New Haven Superior Court in defense of claims for contract balances, delays, and disputed change orders asserted by window supplier.

      • Successfully represented a design and engineering firm in a trial against the project owner and construction lender concerning the validity and priority of its mechanic's lien over encumbrance of mortgager; obtained judgment for full amount and first priority of the lien, plus a substantial award interest and attorney's fees.

      • Representation of a project engineer in dispute regarding design and construction of $500 million gas turbine power plant. After several days of arbitration hearings, reached favorable negotiated settlement. *

      • Contract Procurement and Project Delivery

      • Represented lender in negotiating terms of the construction related documents for the construction of a multimillion-dollar affordable housing project located in Florida.

      • Represented developer in the drafting and negotiation of the design and construction agreements for the creation of a technology office high rise in Manhattan.

      • Drafted and negotiated numerous contracts and subcontracts for international railroad contractor having combined project values in the tens of millions of dollars. 

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      * Atty. Regan was counsel in this representative matter before joining Robinson+Cole.

    • Professional Associations

      Professional Associations

      Connecticut Bar Association
      Construction Law Section

      American Bar Association
      Forum on the Construction Industry
      Tort Trial and Insurance Practice Section
      Fidelity & Surety Law Committee

      Surety Claims Institute

      National Association of Surety Bond Producers
      Attorney Advisory Council

      Associated Builders and Contractors of Connecticut

      Associated General Contractors of Connecticut
    • Honors + Awards

      Honors + Awards

      Listed in Connecticut Super Lawyers® in the area of Construction Litigation for 2013 to 2016 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

      Listed as a Rising Star in Connecticut Super Lawyers® in the area of Construction Litigation for 2009 to 2012 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

      Hartford Business Journal, 2015 "Forty Under 40" Inductee   

      Connecticut Law Tribune, recognized in 2015 New Leaders in the Law Yearbook 

      Engineering News-Record New England, Top Young Professional for Construction Industry, 2016

      Listed in The Best Lawyers in America© in the area of Commercial Litigation in 2018 and Litigation - Construction for 2017 and 2018

    • Community Involvement

      Community Involvement

      Connecticut Landmarks
      Board of Trustees

      United Way of Central and Northeastern Connecticut
      United Way volunteer reader, Clark School, Hartford, Connecticut

      Lawyers for Children America
      Pro bono lawyer in child neglect cases

      The Connecticut Community for Addiction Recovery
      Board of Trustees

      Organized Parents Make a Difference
      Board of Trustees
  • NEWS + PRESS
    • Publications

      Publications

      "Q&A Construction Laws and Customs," published in Practical Law Journal (June 2016)

      "Public-Private Partnership Projects: Bonding Process Considerations for Bond Producers and Sureties," published in Surety Bond Quarterly (Winter 2015)

      "Can Public Owners Be Held Liable to Subcontractors and Suppliers for Failure to Require General Contractors to Obtain Required Payment Bonds?" published in Surety Bond Quarterly (Summer 2015)

      "Differing Court Views on the Surety's Non-Response to a Claim within the Payment Bond's Prescribed Time Period," published in Surety Bond Quarterly (Spring 2015)

      "Surety Update," published by Surety & Fidelity Claims Institute (June 2013)

      "Construction Defect Litigation: From A to Z," published by National Business Institute (February 2013)

      "Without a Net: Subcontractor Has No Recourse Against Municipality for Failure to Require Bonds," published by Lorman Education Services (November 2005)

      "State Commissioner of Labor Is a Proper Bond Claimant," published in OCCAM'S RAZOR (2005)

    • Presentations

      Presentations

      "Developments in Construction Law," at Connecticut Bar Association, Connecticut Legal Conference (June 13, 2016)

      "Deciphering and Navigating the Terms and Conditions of Industry and Modified Bond Forms," co-presented with Peter E. Strniste Jr., at National Association of Surety Bond Producers' Regional Meeting (9/28/2015)
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      "Surety Law Update," at 38th Annual Meeting & Seminars of the Surety & Fidelity Claims Institute (SFCI), held in Cambridge, Maryland, co-presented with Dennis C. Cavanaugh (June 2013)

      "Construction Defect Litigation: From A to Z," co-presented with Peter E. Strniste Jr., presented at National Business Institute, Hartford, Connecticut (2/5/2013)

    • News

      R+C in the News

      • February 7, 2017

        Associated Builders and Contractors of Connecticut Honor Robinson+Cole

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      • July 6, 2016

        Todd Regan Named Top Young Professional for 2016

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      • October 8, 2015

        Construction Lawyers Present at NASBP Regional Meeting

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      • March 9, 2015

        Todd Regan Joins NASBP Attorney Advisory Council

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      • July 11, 2013

        Hartford Construction Lawyers Present at SFCI's Annual Meeting

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      • March 11, 2013

        Construction Lawyers Present at Seminar on Construction Defect Litigation

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      • February 24, 2012

        Hartford Heartbreakers Cycle for Cancer Research

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      • November 14, 2008

        Robinson & Cole Gains Over 30 Former Thelen Attorneys in Hartford, Connecticut and New York City

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      R+C News Releases

      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

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      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

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      • November 20, 2015

        Robinson+Cole Lawyer Among Connecticut Law Tribune’s “New Leaders in the Law”

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • July 21, 2015

        Robinson+Cole Lawyer Named to Hartford Business Journal’s “40 Under Forty”

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      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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      • December 11, 2013

        Robinson & Cole Elects Four New Partners and Promotes Six Counsel

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      • October 17, 2013

        Connecticut Landmarks Appoints Todd Regan to Board of Trustees

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      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

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      • November 22, 2011

        Robinson & Cole Announces Counsel Promotions

    • Newsletters

      Newsletters

      Connecticut Supreme Court Rejects Effort to Read Default Liability Provision into Public Works Payment Bond Law (12/19/2014)

      Federal Government Raises Threshold for Miller Act Bonds (11/19/2010)

      AIA Revises Bond Forms (07/27/2010)