Thomas J. O'Leary

Partner, Roseland Office

85 Livingston Avenue

Roseland, New Jersey 07068

Phone:  (973) 535-0500

toleary@connellfoley.com

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Representative Experience


Thomas J. O'Leary is an active litigator in the federal and state courts who devotes approximately eighty percent of his practice to representing owners, contractors, design professionals, sureties and material suppliers in a variety of complex construction disputes involving claims for delay, unforeseen site conditions, poor workmanship, defective materials, design errors, liquidated damages, mechanics’ liens, lost productivity, warranty claims and performance and payment bond claims.

 

Mr. O'Leary's more notable construction projects include his ongoing representation of the owner in connection with claims totaling more than $28 million arising out of the construction of a 760,000 square foot retail shopping center and the owner in connection with claims arising out of the construction of a coal-fired power plant in China.

 

Prior to his legal career, Mr. O'Leary was employed by the United States Nuclear Regulatory Commission and served five years in the United States Navy as a division officer on a nuclear-powered fast attack submarine. While serving in the U.S. Navy, Mr. O'Leary qualified to be the Engineer Officer of a nuclear submarine accumulating over 1,500 hours supervising the operation of the ship's nuclear power plant. Additionally, as the ship's quality assurance officer, Mr. O'Leary was responsible for ensuring that more than 400 repairs to the ship's nuclear and non-nuclear mechanical systems complied with applicable technical specifications.

 

Currently, Mr. O'Leary is an active volunteer with the Elizabeth chapter of Habitat For Humanity and serves on the Zoning Board of the City of Summit.

 

Practice Areas:

Construction Law

Alternative Dispute Resolution

Business Litigation

 

Admitted to Practice:

New Jersey State Court

New York State Court

United States District Court, District of New Jersey

 

Education:

Rutgers University College of Engineering (B.S. with honors, 1987)

Boston College Law School (J.D., 1998)

 

Affiliations:

New Jersey State Bar Association

New York State Bar Association

 

News:

Thomas O'Leary Admitted to the American Arbitration Association's Roster of Neutrals (December 2011)

Connell Foley Files a Petition for Writ of Certiorari to the United States Supreme Court (May 2011)

O'Leary Successfully Defends Transportation Insurance Company in Wrongful Death Action

 


Publications

Author, "Contractors Face Restrictions in Coverage Under CGL Policies" Construction Executive magazine (February 2010)  
Author, "The Devil Is In The Detail—Incorrect Or Insufficient Paperwork Can Result In Debarrment From Public Work" Connell Foley Construction Newsletter (Fall 2009)

Representative Experience

Obtained dismissal of developer's claims against a municipality challenging the denial of a tax abatement;
Represented contractor during a three week jury trial and successfully limited a subcontractor's damage claim to $270,000, obtaining dismissal of the same subcontractor's subsequent multi-million dollar damage claim;

Ongoing representation of a property owner in connection with $28 million in claims arising out of the construction of a 760,000 square foot retail shopping center;

Obtained favorable settlement of a subcontractor's claims against a contractor arising out of the construction of a coal-fired power plant in China;
In Basil v. Wolf, 193 N.J. 38 (2007), Mr. O’Leary obtained a precedent-setting opinion from the New Jersey Supreme Court which substantially limited the circumstances upon which a direct action at law can be maintained against a workers’ compensation carrier.