Thomas J. O'Leary is a member of Connell Foley LLP's Construction Law practice group who has extensive experience drafting construction contracts and resolving complex construction disputes. He has represented public and private owners, developers, engineers and architects, sureties, construction managers, prime contractors, subcontractors, and equipment and material suppliers in a variety of complex matters involving claims for delay and disruption,  productivity losses, design and construction defects, default and termination, differing site conditions, scope of work disputes, and performance and payment bond claims. Projects include heavy and highway, public works, commercial and residential, and marine construction as well as highways, hospitals, schools, universities, shopping centers, prisons, segmental earth retaining walls, and geotechnical and power plants.

In December 2011, Mr. O’Leary was admitted to the American Arbitration Association’s Roster of Neutrals for construction cases. The roster is an exclusive list of accomplished and respected practitioners from legal and business communities throughout the nation.

Representative Experience:

• Represented a national food distributer in connection with the negotiation and drafting of contracts for a $70 million project to contrust its corporate headquarters and its northeast distribution center. 
• Represented developer of 760,000 sq. ft. retail shopping center in multiple lawsuits and in an arbitration in connection with its $8.5 million claim against site work contractor arising out of defective design and construction of segmental retaining walls, subterranean reinforced concrete pipe, and multiple pavement failures of four lane highway and the defense of site contractor’s $17.5 million claim for damages for delay, productivity losses and unanticipated subsurface conditions
• Represented electrical subcontractor in connection with $13 million delay and productivity loss claim arising out of the construction of a psychiatric hospital
• Represented design build contractor in connection with State’s claim for $23 million in damages due to alleged defective construction of high temperature hot water heating system for prison
• Represented electrical prime contractor against board of education in connection with $700,000 claim for constructive acceleration and delay damages incurred during renovations to five public schools
• Represented contractor in connection with $10 million in claims arising out of disputes concerning scope of work during the construction of a coal fired power plant in China
• Represented Horizontal Directional Drilling Subcontractor in connection with $5 million claim arising out of the construction of underground pipeline beneath Long Island Sound
• Represented mechanical contractor in connection with $1.7 million claim for loss of productivity and delay damages incurred during renovations to high school
• Represented general contractor in defense of subcontractor’s claim for damages in excess of $1.5 million arising out of its termination from project involving renovations to security building at Lincoln Tunnel
• Represented material supplier against developer of townhomes in connection with its $180,000 claim for materials supplied to project and the defense of material supplier in connection with developer’s $1 million claim for defective materials and delay damages
• Represented general contractor in defense of paving subcontractor’s claim for delay and loss of productivity damages in excess of $1 million
• Prior to becoming a lawyer, Mr. O’Leary was employed by the U.S. Nuclear Regulatory Commission as an on-site monitor at a nuclear generating station. He also served in the U.S. Navy as an officer on a nuclear powered submarine and was certified in 1993 by the U.S. Department of Energy to be the Engineer Officer of a nuclear powered submarine. While in the Navy, he accumulated over 1,500 hours supervising the operation of ship’s nuclear propulsion plant. As the ship's quality assurance officer, Mr. O’Leary reviewed over 400 detailed maintenance/repair procedures for the ship's nuclear and non-nuclear mechanical systems for compliance with technical specifications and served as liaison with shipyard repair facilities

Affiliations:

• American Bar Association, Public Contract Law Section
• New Jersey Bar Association, Construction Law Section