Louis R. Pepe Partner Office: Hartford, CT 860-522-5175 860-522-2796 lpepe@mdmc-law.com LOUIS R. PEPE is a litigation attorney who focuses his practice on business torts and contract disputes and construction contract cases. He represents his clients in state and federal courts as well as in arbitration, mediation and other ADR proceedings. Mr. Pepe received a B.Mgt.E. degree and an M.S. in Management from Rensselaer Polytechnic Institute, and a J.D., with distinction, from Cornell Law School. He is admitted to the practice of law in Connecticut and before the United States Supreme Court and numerous federal district courts and courts of appeal. He has taught in seminars presented by the Connecticut Bar Association on trial practice and has presented seminars in business and construction litigation throughout the country. Mr. Pepe has also taught a course on arbitration at the University of Connecticut Law School. Mr. Pepe is a former president of the Connecticut Bar Association (2005-2006), a Fellow in the American College of Trial Lawyers and the American College of Construction Lawyers, an Associate of the American Board of Trial Advocates, and a Fellow in the Connecticut Bar Foundation and the American Bar Foundation. He is listed in Who s Who in America, Who s Who in American Law, The International Who s Who of Business Lawyers (Construction), Who s Who of Construction Lawyers, and Who s Who in International Arbitration. Mr. Pepe has been listed in Super Lawyers (2006-2015), a Thomson Reuters business, in the areas of Construction Litigation, Business Litigation, and Alternative Dispute Resolution. A description of the standard or methodology on which the accolade is based can be found HERE. He has also been listed in Best Lawyers (1995-2016), a Woodward/White, Inc. business and partners with U.S.News & World Report, in the areas of Arbitration, Bet-the-Company Litigation, Commercial Litigation, Construction Law, and Mediation. A description of the standard or methodology on which the accolade is based can be found HERE. He is a member of the American Arbitration Association s panels for Large, Complex Commercial Cases, International Cases, and Mega Project Cases, and its Construction Master Mediator Panel. He is also a member of the arbitration panel of the International
Master Mediator Panel. He is also a member of the arbitration panel of the International Institute for Conflict Prevention & Resolution. Education Cornell University School of Law (J.D. with distinction 1970) Rensselaer Polytechnic Institute (M.S. 1967) Rensselaer Polytechnic Institute (B.S. Management Engineering 1964) Admissions State of Connecticut Supreme Court of the United States U.S. Court of Appeals, 2nd Circuit U.S. Court of Appeals, 6th Circuit U.S. Court of Appeals, 9th Circuit U.S. District Court, District of Connecticut U.S. District Court, EDMI U.S. District Court, EDNY U.S. District Court, SDNY Publications Construction Law Handbook, co-authored Compensatory Damages Chapter, Wolters Kluwer, 1.1.2008 Document Retention, Electronic Discovery, E-Discovery Cost Allocation & Spoliation of Evidence -- The Four Horsemen of the Apocalypse in Litigation Today," Connecticut Bar Journal, 1.1.2007 Compensating The Former Employee To Prepare And Prove Construction Claims, The Construction Lawyer, American Bar Association, 1.1.2004 Insurance Company Of North America v. Town Of Manchester: The Death Knell Of The Economic Loss Doctrine In Connecticut? Co-authored with James A. Budinetz, CTLA Forum, 1.1.1999 Connecticut Supreme Court Further Restricts The Rights And Remedies Of A Disappointed Bidder, Construct! American Bar Association, Construction Litigation Committee, 1.1.1999 Connecticut Appellate Court Joins The Pay-If-Paid And Pay-When-Paid Battle, Construct! American Bar Association, Construction Litigation Committee, 1.1.1998 Thou Shalt Not Vacate An Arbitration Award -- And We Really Mean It, Construct! American Bar Association, Construction Litigation Committee, 1.1.1997 Communicating With And Preparing Your Expert Witness, While Protecting Your Attorney Work Product Privilege -- A Pitfall For The Unwary, CTLA Forum, 1.1.1997
Attorney Work Product Privilege -- A Pitfall For The Unwary, CTLA Forum, 1.1.1997 Connecticut Supreme Court Makes Clear (Again) Its Unwillingness To Vacate Arbitration Awards, Construct! American Bar Association, Construction Litigation Committee, 1.1.1996 Bid-Shopping May Violate Connecticut s Unfair Trade Practices Act, Construct! American Bar Association, Construction Litigation Committee, 1.1.1996 A Call For More -- Not Less -- Oral Advocacy, CTLA Forum, 1.1.1996 Connecticut Appellate Court Decision Permits Confirmation Of Arbitration Award More Than One Year After Notice Of Award, Construct! American Bar Association, Construction Litigation Committee, 1.1.1995 Representative Cases Counsel to EPC Contractor for prosecution and defense of claims involving construction of a 500 MW offshore wind farm in the UK (LCIA Arbitration, London). Successful prosecution and settlement of claims in an ICC arbitration for $700 Million and extensions of time on behalf of an international EPC contractor against the owner of a $1 Billion crude oil upgrader project in Venezuela. Recovery in international arbitration of $9 million on behalf of the EPC contractor for a power recovery system in a St. Croix oil refinery. Recovery of $21 million for the developer of a casino for an Indian Gaming Commission that wrongly terminated the developer s management agreement. Representation of a structural steel contractor in a corporate defamation case in which the contractor claimed destruction of its bonding capacity and subsequent loss of business, which resulted in a jury verdict of $11.6 million -- the largest jury verdict ever obtained in Connecticut to that time. Representation of a general contractor in federal court suit for breach of an oral contract to award to it a project, which resulted in a jury verdict of $2.25 million in his favor. Successful defense of an international EPC contractor against the owner s claim for cost overruns arising out of the design and construction of a $100 million gold ore processing facility in Chile. Representation of an international EPC contractor in $65 million claim for additional compensation (and defense of owner s counterclaim) arising out of an oil refinery project in Singapore. Representation of international EPC contractor against owner s claims for cost overruns arising out of the design and construction of a $1.1 billion gold/ore processing facility in Argentina. Representation of a national general contractor in negotiations with its surety/lender for the restructuring of a $30 million debt and pursuit of claims in joint effort with surety. Representation of a general contractor on a claim against the state arising out of the construction of a large hospital and medical research center, which required a fourteen-month trial and resulted in a judgment in favor of that client for $11 million.
fourteen-month trial and resulted in a judgment in favor of that client for $11 million. Prosecution of claims for a surety that completed three large public housing projects after the bonded contractor was wrongfully terminated. The federal court suit resulted in a settlement of more than $20 million from the owner of the projects. Representation of a general contractor against a Connecticut municipality for claims arising out of the construction of a wastewater treatment plant, which involved 20 arbitration hearings over a full year and resulted in an arbitration award of nearly $1.65 million. Representation of a plaintiff claiming wrongful termination of a construction management contract, which resulted in a jury verdict of $1.4 million plus punitive damages. Awards & Recognitions Listed in Who s Who in America Who s Who in American Law Who s Who of Construction Lawyers Who s Who in International Arbitration The International Who s Who of Business Lawyers (Construction) Recipient, Connecticut Bar Association John Eldred Shields Distinguished Professional Service Award (2015) Listed in Best Lawyers (1995-2016), a Woodward/White, Inc. business and partners with U.S.News & World Report, in the areas of Arbitration, Bet-the-Company Litigation, Commercial Litigation, Construction Law, and Mediation. A description of the standard or methodology on which the accolade is based can be found HERE. Listed in Super Lawyers (2006-2015), a Thomson Reuters business, in the areas of Construction Litigation, Business Litigation, and Alternative Dispute Resolution. A description of the standard or methodology on which the accolade is based can be found HERE. Recipient, Professional Service Award, Lower Naugatuck Valley Bar Association (2006) Recipient, President s Award for Excellence, Hartford County Bar Association (2006) Recipient, Sons of Thunder Coalition s Man of Excellence Award (2009) Recipient, Connecticut Italian-American Bar Association Achievement Award (2009) Seminars Can t We All Just Get Along? Project Counsel s Ethical and Professional Obligations Versus the Eternal Quest for Project Harmony and Cooperation, ABA Forum on the Construction Industry Seminar (2014) Using Technology to Present Your Construction Case: Making the Complex Simple and Persuasive, American Bar Association Forum on the Construction Industry (2011) Document Retention, Electronic Discovery, E-Discovery Cost Allocation & Spoliation of Evidence, Construction SuperConference (2010)
Evidence, Construction SuperConference (2010) Enforcing The Award: Tips And Traps, American Arbitration Association Construction Conference (2009) AIA 2007 v. ConsensusDOCS: Which Is Better, AICPA National Construction Industry Conference (2008) Construction Contract Landmines, AICPA National Construction Industry Conference (2007) Electronic Discovery in Commercial Cases, Connecticut Trial Lawyers Association (2007) The Revised Commercial Arbitrator Code of Ethics: What Does It Mean For You?, American Arbitration Association Seminar (2004) Construction Contract Clauses, AICPA National Construction Industry Conference (2003) What To Do When The Surety Is Invited To The Table / The Surety s Role From The Viewpoint Of The Contractor/Bond Principal, American Arbitration Association National Forum on Conflict Resolutions in the Construction Industry (2003) How Arbitrators Make Decisions -- What Matters Most, American Arbitration Association Seminar (2003) Getting to the Bottom of Construction Claims, Finding the Handle: Perfecting and Proving the Contractor s Claim, Part III: Preparing and Presenting the Claim, ABA Forum on the Construction Industry/TIPS Fidelity & Surety Law Committee (2003) The Resolution of Construction Disputes Through Mediation, Litigation or Arbitration (Which is Best?), American Institute of Certified Public Accountants, National Construction Industry Conference (2002) Tortious Interference With Contractual Rights, Fluor Corporation LawCon (2002) The Ten Most Important Clauses in Every Construction Contract (And What They Really Mean), American Institute of Certified Public Accountants National Construction Industry Conference (2001); Florida Institute of Certified Public Accountants Construction Industry Conference (2002); Associated General Contractors of America; and Construction Financial Management Association, Sixth Annual Construction Financial Management Conference (2002) Change Orders, Changed Conditions and Cardinal Change, The Global Construction Superconference, London, England (November 2001) Beyond the Four Corners: Implied Terms, Liabilities and Defenses in Construction Contracting -- The Changing Face of Contracting, ABA Forum on the Construction Industry/TIPS Fidelity & Surety Law Committee (January 2001) How to Succeed as an Expert Witness in Construction Claims, and Construction Law Update, American Institute of Certified Public Accountants National Construction Industry Conference (2000) Owner (and Contractor) Considerations in the Negotiation and Drafting of Dispute Resolution Provisions in Large Construction Contracts, The Millennium Construction Superconference, San Francisco, California (1999)
Construction Claims Workshop, 11th Annual American Institute of Certified Public Accountants National Construction Industry Conference (1999) Negotiating And Drafting Dispute Resolution Clauses, Construction Superconference (1999) The Use Of Technology In Large, Complex Litigation, Connecticut Bar Association Annual Meeting, Construction Section Program (Moderator) (1997) Construction Contracts -- Making Sense Of The Maze, University of Hartford Construction Institute (1996-1998) Risk Management In The Construction Industry, Construction Specification Institute Regional Conference (1996) Presenting The Evidence, American Arbitration Association 17th Annual Summer Conference (1995) Dissecting Construction Contracts, Construction Institute Courses/Contractor Series (1995) The Ten Most Significant Case Decisions And Statutes In Connecticut -- And Why, Co-authored, Construction Law Section of the Connecticut Bar Association Seminar (1994) Avoiding Design Problems, Construction Superconference (1994) Construction Law In The Nineties: What Every Lawyer Must Know To Succeed, (1993) Management Of The Competitive Bidding Process, Eighth Annual Construction Superconference, San Francisco, California (1993) Construction Claims Under Connecticut Law, Cambridge Institute (1993) Conducting An Effective Deposition, Connecticut Trial Lawyers Association Seminar on Effective and Efficient Discovery in Complex Commercial Litigation (1993) The Construction Process From The Legal Viewpoint, Aetna SCA Advanced Construction Seminar (1992 and 1994) Construction Litigation In The Nineties -- And Beyond, Connecticut Bar Association Construction Law Section Seminar (1992) Strategies To Win In Mediation Or Arbitration, Seventh Annual Construction Superconference (1992) How To Get Paid When No One In The Construction Industry Is Paying, Construction Law Section of the Connecticut Bar Association Seminar (Moderator) (1991) Pricing And Proving Contractor Claims For Changes In Scope And Unforeseen Conditions, Fifth and Sixth Annual Construction Superconference (1990 and 1991) Connecticut Construction Law: What Do You Do When...? National Business Institute, Inc. Seminar (1990) What Happens When The Roof Collapses? Construction Law Section of the Connecticut Bar Association Seminar (Moderator) (1990) Architect/Engineer And Construction Manager Disputes, Georgetown University Law Center Construction Contract Litigation Seminar (1989) Contractors Delay Damages, Engineering News Record Seminar on Calculation and Proof of Damages For Construction Owners and Contractors (1989)
Construction Contract Litigation -- Strategy and Tips, Connecticut Trial Lawyers Association Seminar on Trial Techniques for Business Torts and Commercial Litigation (1989) The Top Ten Causes Of Construction Disputes (And How To Avoid Them), Associated General Contractors of Connecticut, Inc. Seminar (1986) Calculation Of Contractor Damages, Engineering News Record Seminar on Construction Claims and Disputes for Contractors and Subcontractors (1985) The Surety s Relationship To The Contractor And The Claim, Engineering News Record Seminar on Contractor Claims (1985) Anatomy Of The Civil Action, Connecticut Bar Association Trial Advocacy Seminar (1988-1990) The Role Of The Owner s Representative In Claim Situations, Engineering News Record Seminar on Construction Claims and Disputes For Owners and Contractors (1983) Proving Delay And Disruption Damages, Associated General Contractors of Connecticut, Inc. Seminar (1981) The Successful Preparation And Litigation Of Construction Contract Suits, Associated General Contractors of Connecticut, Inc. Seminar (1980 and 1987)