Timothy N. Toler, Of Counsel
Direct Dial: 770.563.8331
Mr. Toler attended the University of Georgia where he graduated, magna cum laude, in the Honors Program with a B.A. in History in 1980. He graduated from the University of Georgia School of Law in 1983, where he served as Chief Justice of the Honor Court and on the Moot Court Board.
Mr. Toler has been in private practice for 32 years, concentrating in construction law since 1988. He has represented owners, architects, engineers, sureties, general and specialty contractors, and heavy equipment suppliers on troubled projects throughout the U.S. His experience includes a broad range of industrial, power generation, infrastructure and commercial projects.
Mr. Toler has received an “AV” rating from Martindale-Hubbell, the highest rating awarded, every year since 1993. He has been recognized as a Georgia “Super Lawyer” by Atlanta Magazine in the category of Construction Litigation for 2007, 2008, 2009, 2010, 2011, and 2012. Mr. Toler was recently selected by his peers for inclusion in The Best Lawyers in America® 2013 in the field of Construction Law (Copyright 2012 by Woodward/White, Inc., of Aiken, SC).
Mr. Toler has extensive experience litigating and arbitrating multi-million dollar disputes arising out of engineering and heavy equipment supply to power plants in the U.S. and abroad, including serving as U.S. trial counsel for German companies, and their U.S. affiliates, on numerous EPC projects from 1997 to 2007. He has served as lead counsel in litigating, arbitrating or mediating major contract claims on power generation facilities in Arizona, California, Massachusetts, Texas and Malaysia.
Mr. Toler is admitted to practice in various state and federal courts within the State of Georgia, including the Georgia Supreme Court and Court of Appeals. He is also an Arbitrator on the American Arbitration Association Construction Panel, as well as a Mediator, Registered Neutral, Georgia Office of Dispute Resolution (attended Harvard Law School Mediation Workshop, June 2005). Mr. Toler is a Barrister, Joseph Henry Lumpkin American Inn of Court (1987-89). He also served as an Instructor of Business Law, University of Georgia, College of Business Administration, 1982-83 and Instructor of Construction Law, Southern Polytechnic State University, Marietta, Georgia, 2002-03.
Representative Cases / Specific Experience
- 2011 – Achieved $1.5 million settlement on behalf of Fortune 50 corporate owner in Georgia state court lawsuit against architect, civil engineer, geotechnical engineer, contractor and subcontractor for defective design and construction of tiered MSE retaining wall.
- 2010 – Achieved settlement on behalf of corporate owner in Georgia state court lawsuit against contractor for defective design and construction of 16,000 square foot MSE retaining wall. Owner was fully reimbursed all remediation costs, consultant fees and attorney fees.
- 2010 - Obtained $1.2 million summary judgment on behalf of paving subcontractor against general contractor and surety; affirmed by Georgia Court of Appeals. Western Surety Co. v. APAC-Southeast, Inc., 302 Ga. App. 654 (2010).
- 2008 – Obtained dismissal of motion to vacate $3 million state court default judgment in business dispute litigation, and dismissal of appeal.
- 2008 – Represented owner of low-income tax-credit apartment project in arbitration with general contractor. Settlement reached after one-week AAA arbitration hearing.
- 2007 – Successfully defended Alabama contractor on public project against efforts of unsuccessful bidder to void award and re-bid contract.
- 2006 - Represented German engineering and steel fabrication firm in successful mediation of claims against EPC contractor arising out of power plant project in Lumut, Malaysia. Client supplied 25,000 tons of steel to project.
- 2005 - Defended German supplier of air-cooled condensers to power plant projects in Texas and Massachusetts against EPC contractor’s $29.8 million claims for performance and delay liquidated damages, breach of noise guarantees, and defective work. Two-week AAA arbitration hearing.
- 2004 – Defended European supplier of scaffolding against $1.4 million in claims filed in federal court arising out of concrete formwork collapse on Alabama hospital project.
- 2004 – Obtained AAA arbitration award for corporate owner of premier golf course against contractor for defective construction and non-compliance with USGA standards.
- 2001 - Obtained $8.8 million AAA arbitration award for German supplier of air-cooled condensers against defaulting Mexican steel fabricator on power plant project in Venus, Texas. Successfully mediated post-award settlement with fabricator’s Mexican surety.
- 2001 – Achieved settlement of claims on behalf of U.S. supplier of steam surface condenser to power plant owner in Cordova, Illinois.
- 2000 – Established entitlement and quantification of differing site condition claim for concrete chimney demolition contractor on Salt River Navajo Scrubber Project in Page, Arizona; obtained mediated settlement.
- 1999 – Obtained dismissal of German parent corporation on jurisdictional grounds from federal court action filed by Pennsylvania electric utility in relation to furnishing of components for air preheater for utility’s Pennsylvania facility. Northeastern Power Co. v. Balcke-Durr, Inc., 49 F.Supp.2d 783 (E.D. Pa. 1999).
- 1999 – Obtained summary judgment for German heavy equipment manufacturer and partial summary judgment for U.S. supplier of air preheater in federal court action filed by Pennsylvania electric utility. Northeastern Power Co. v. Balcke-Durr, Inc., 1999 WL 674332, 39 UCC Rep.Serv.2d 713 (E.D. Pa. 1999).
- 1998 – Achieved settlement of claims on behalf of U.S. supplier of cooling towers to Puerto Rico Cogeneration/LNG Import Terminal Project.
- 1997 – Achieved settlement of claims on behalf of U.S. supplier of air heaters to owner of power plant located in Mecca, California.
- 1995 – Represented owner of Massachusetts co-generation power plant in AAA arbitration with EPC contractor and obtained award for turbine performance short-falls and delay damages within eight months of arbitration demand. Two-week AAA arbitration hearing.
- 1990 – Obtained state court directed verdict for general contractor and surety against subcontractor’s claims for retainage and extra costs; affirmed by Georgia Court of Appeals. Dixie Roof Decks v. Borggren/Dickson Construction, 195 Ga. App. 881, 395 S.E.2d 19 (1990).
Bar & Court Admissions
- State Bar of Georgia, 1983.
- U.S. District Court for the Northern District of Georgia.
- Georgia Supreme Court.
- Georgia Court of Appeals.
- Arbitrator, American Arbitration Association Construction Panel.
- Mediator, Registered Neutral, Georgia Office of Dispute Resolution (Attended Harvard Law School Mediation Workshop, June 2005).
- Barrister, Joseph Henry Lumpkin American Inn of Court (1987-89).
- University of Georgia, J.D., 1983.
- University of Georgia, B.A. in History, magna cum laude with general honors, Phi Beta Kappa,1980.
- Instructor of Business Law, University of Georgia, College of Business Administration, 1982-83.
- Instructor of Construction Law, Southern Polytechnic State University, Marietta, Georgia, 2002-03.
- Western Surety Co. v. APAC-Southeast, Inc., 302 Ga. App. 654 (2010).
- BBF, Inc. v. Alstom Power, Inc., 645 S.E.2d 467 (Va. 2007).
- Bedford v. Awod, 248 Ga. App. 28 (2001).
- Northeastern Power Co. v. Balcke-Durr, Inc., 1999 WL 674332, 39 UCC Rep.Serv.2d 713 (E.D. Pa., 1999).
- Northeastern Power Co. v. Balcke-Durr, Inc., 49 F.Supp.2d 783 (E.D. Pa. 1999).
- Cotton v. Med-Cor Health Information Solutions, 221 Ga. App. 609 (1996).
- Dixie Roof Decks v. Borggren/Dickson Construction, 195 Ga. App. 881, 395 S.E.2d 19 (1990).
- Hopkins v. First Union Bank of Savannah, 193 Ga. App. 109 (1989).
- Williams v. Smith, 179 Ga. App. 72 (1986).
- Beauchamp v. Wallace, 180 Ga. App. 554 (1986).
- Savannah Bank & Trust Co. v. Sumner, 174 Ga. App. 229 (1985).