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Tim Toler

Attorney Profile

Top Rated Construction Litigation Attorney in Atlanta, GA

Toler Construction Law Firm LLC
100 Galleria Parkway, Suite 1020
Atlanta, GA 30339
Phone: 678-400-2599
Fax: 770-563-8330
Email: Tim Toler
Selected to Super Lawyers: 2007 - 2022
Licensed in Georgia Since: 1983
Practice Areas: Construction Litigation: Business
Attorney Profile

Tim Toler brings more than 35 years of litigation and arbitration experience to his representation of construction clients, including owners, general contractors, specialty contractors and heavy industrial equipment suppliers. In 2021 he was awarded “Lawyer of the Year” for Construction Law in Atlanta by The Best Lawyers in America. Tim has been included in Best Lawyers in Construction Law since 2013. He has received an AV Preeminent peer review rating from Martindale-Hubbell since 1993. Tim is a Charter Fellow of the Construction Lawyers Society of America and served as an arbitrator on the AAA’s roster of construction arbitrators from 1988 to 2018.  

Tim has significant experience representing commercial owners on troubled projects in contract disputes with general contractors and their sureties, as well as the litigation and arbitration of multi-million dollar claims on behalf of specialty contractors. He has served as U.S. trial counsel for German companies, and their U.S. affiliates, on numerous EPC projects. He has represented multiple commercial owners in litigation and arbitration arising from the defective design and construction of large, tiered MSE retaining walls. Types of construction claims prosecuted and defended include:  

  • Defective Construction
  • Defective Design
  • Professional Negligence
  • Delay and Liquidated Damages
  • Extra Work and Out of Scope Work
  • Materialmen’s Liens
  • Performance and Payment Bonds
  • Payment Disputes
  • Property Damage

Tim also routinely provides construction contract reviews for owners, general contractors and specialty contractors. He works closely with his construction clients throughout the course of a project to avoid or quickly resolve disputes, or to prepare for mediation, arbitration or litigation when disputes are unavoidable. 

Before earning his Juris Doctor from the University of Georgia School of Law in 1983, Tim graduated with a B.A. in History, magna cum laude with general honors, Phi Beta Kappa, from the University of Georgia in 1980. He is admitted to practice law in Georgia before trial and appellate courts at both the state and federal level.  

About Tim Toler

First Admitted: 1983, Georgia

Professional Webpage: http://www.hst.law

Verdicts/Settlements

  • 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.
  • 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).
  • 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).
  • 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). 
  • Established entitlement and quantification of differing site condition claim for concrete chimney demolition contractor on Salt River Navajo Scrubber Project in Page, Arizona, and achieved mediated settlement.  
  • Achieved settlement of claims on behalf of U.S. supplier of steam surface condenser to power plant owner in Cordova, Illinois.
  • Obtained $8.8 million arbitration award for German supplier of air-cooled condensers against defaulting Mexican steel fabricator on power plant project in Venus, Texas. 
  • Obtained AAA arbitration award for corporate owner of premier golf course against contractor for defective construction and non-compliance with USGA standards.  
  • 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.
  • 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.  
  • 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. 
  • Defended Alabama contractor on public project against efforts of unsuccessful bidder to void award and re-bid contract.
  • Represented owner of low-income tax-credit apartment project in arbitration with general contractor. Settlement reached after one-week AAA arbitration hearing.   
  • Obtained dismissal of motion to vacate $3 million state court default judgment in business dispute litigation, and dismissal of appeal.  
  • Awarded $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). 
  • Obtained 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.  

Educational Background

  • University of Georgia, B.A., 1980

Bar/Professional Activity

  • State Bar of Georgia, 1983

Honors/Awards

  • , AV Preeminent, Martindale-Hubbell , 2022
  • , "Lawyer of the Year" for Construction Law in Atlanta, Georgia, The Best Lawyers in America, 2021
  • , Best Lawyers in Construction Law, The Best Lawyers in America, 2022
  • , Fellow, Construction Lawyers Society of America, 2017

Industry Groups

  • Construction
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Office Location for Tim Toler

100 Galleria Parkway
Suite 1020
Atlanta, GA 30339

Last Updated: 5/15/2022

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