Timothy N. Toler

Managing Member

Email: ttoler@tolerlaw.com
Direct Dial: 678-799-3010

Tim 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 concentrates his practice in the litigation, arbitration and mediation of complex construction contract disputes. He has more than 25 years of trial and arbitration experience, and he has represented owners, 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 an “AV” rating from Martindale-Hubbell, the highest rating, and was named a Georgia “Super Lawyer” by Atlanta magazine for 2007, 2008, 2009 and 2010 in the category of Construction Litigation.

Since 1997, Mr. Toler has represented preeminent German industrial firms supplying engineering and heavy equipment to power plants in the U.S. and abroad. 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.

Representative Cases / Experience

2010 – Achieved settlement on behalf of owner/developer of apartment project in state court lawsuit against contractor for defective design and construction of 16,000 square foot segmental retaining wall.
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., __ Ga. App. __, 2010 WL 118087 (2010) (petition for cert. pending).
2008 – Obtained dismissal of motion to vacate $3 million state court default judgment in business dispute litigation, and dismissal of appeal.
2008 – Represented owner/developer 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 owner/developer 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 Massachusetts co-generation power plant owner 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.

Professional Associations

Member, ABA Forum on the Construction Industry.
Member, Dispute Resolution Board Foundation.
Member, Associated Builders and Contractors..
Barrister, Joseph Henry Lumpkin American Inn of Court (1987-89).

Education

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.

Reported Decisions

Western Surety Co. v. APAC-Southeast, Inc., __ Ga. App. __, 2010 WL 118087 (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).