Aleen R. Tiffany

Aleen R. Tiffany focuses her practice in complex civil litigation and corporate construction matters, including:

• Construction injury and defect litigation
• Construction contract and risk transfer
• Complex civil and commercial litigation
• Commercial general liability coverage, risk transfer focus
• Mechanics’ Lien and Surety Bond claims and litigation

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An experienced trial attorney, she has successfully litigated and overseen a wide variety of matters nationwide. Her experience includes all aspects of the commercial construction industry, with a primary focus on commercial contracts, bodily injury defense, construction defect, and risk management and transfer. She has served as outside general counsel for a large multi-state commercial construction company and as National Coordinating and Oversight Counsel for general liability claims for subsidiaries of a Fortune 500 company.

Ms. Tiffany is a Certified Construction Risk and Insurance Specialist through the International Risk Management Institute. She is also an approved arbitrator Panelist with the American Arbitration Association, serving both the Construction and Commercial/Insurance panels; additionally, she was trained and approved as part of the late 1990s Mandatory Court-annexed Arbitration programs in Illinois’ 19th and 22nd Judicial Circuit.

She was formerly the principal of Aleen R. Tiffany, PC. That firm merged into HeplerBroom in 2016.

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Education

• The John Marshall Law School, n/k/a UIC Law School, J.D., cum laude, 1993
• University of Illinois, B.S. in Mathematics, 1989

Admissions & Affiliations

• Illinois
• U.S. Court of Appeals for the 7^th Circuit
• U.S. District Court for the Northern District of Illinois

Ms. Tiffany has successfully litigated hundreds of construction and construction-related matters as lead trial counsel over the years, including:

• Successfully defended and settled a suit for breach of contract and mechanics’ lien brought following a commercial project valued at approximately $100 million, including numerous claims of mechanical and engineering failures by the subcontractor claimant.
• Secured dismissal at pleadings stage in favor of nationally based underground utility contractor in a double fatality automobile accident. Plaintiff claimed accident resulted from contractor’s work in vicinity of roadway. Motion granted based upon pleadings and numerous investigative depositions allowed by trial court. Affirmed by First District Illinois Appellate Court. Appeal to Illinois Supreme Court denied based upon briefs by Hepler Broom colleague Sarah Jansen (2021).
• Achieved dismissal through summary judgement on behalf of an electrical subcontractor in a multi-party $90 million property damage claim resulting from alleged electrical and design failures (pro hac vice admission, Indiana, 2016-2017).
• Successful defense and resolution of an $18 million water-intrusion claim, alleged to have resulted from plumbing work/failure (resolved 2016 for $650,000).
• Successful defense and resolution of a fire loss claim in Northern California on behalf of nationally based electrical utility contractor (pro hac vice admission, 2015).
• Successful defense of an electrical subcontractor in a respondeat superior/agency claim involving business-altering issues, including whether scope of work was implicated through company-issued cell phones and “on call” system involving union employees (Will County, 2013 – Not Guilty).

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• Successful resolution of numerous other catastrophic losses and claims through 30 years in construction/products, commercial and contract claims, and commercial premises liability matters through jury verdicts, alternative dispute resolution, and litigation strategy/oversight support nationally.

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Honors & Awards

• Illinois Leading Lawyer (2016-2023)
  • Profiled in Leading Lawyers Magazine-Real Estate Edition: “McHenry County Construction Lawyer Devotes Curiosity, Enthusiasm to Clients” (2017)
• Illinois Super Lawyer (2008, 2016-2024)
• Charter Fellow, Construction Lawyers Society of America

News

Events & Speaking Engagements

• “Risk Transfer in Commercial Premises Claims Handling and Strategies: Additional Insured and Contractual Liability/Insured Contract,” training event conducted with nationally based third-party administrator (2020).

• “Risk Transfer in Commercial Premises and Construction Claims Handling and Strategies:  Additional Insured and Contractual Liability/Insured Contract,” West Chicago Chartered Property Casualty Underwriter meeting (2020).

• “Rise of the Machines: Artificial Intelligence in Construction,” Defense Research Institute and Illinois Association of Defense Trial Counsel seminar (Chicago 2020). (Co-presenter)
• “Risk Transfer in Construction: A Primer for Today, and Thoughts for the Future,” HB CPCU Insurance Law and Coverage Seminar (Chicago, 2019).
• “Commercial Premises Risk Transfer,” hospital executive board (Chicago, 2019).
• “Construction Contracts & Risk Transfer,” construction/general liability claims/insurance audience (New York, 2018).
• “Restatement 414 Exception Regarding Contractor's Liability: Updates and Practical (litigation) Application,” Construction Worker Injuries: Responding to the Risk seminar, Illinois Association of Defense Trial Counsel (Chicago, 2018).

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• “General Liability Insurance Coverage, Tenders, and Risk Transfer 201,” Fortune 500 company litigation attorneys (Philadelphia PA, 2017).
• “Construction Liability: Risk Transfer, GL, and Contracts, Multi-State,” Risk Managers, Safety, Contracts, and Procurement teams for national utility construction client (2017).
• “General Liability Insurance Coverage, Tenders, and Risk Transfer 101,” Fortune 500 company litigation attorneys (Philadelphia PA, 2016).
• “Top 10 Construction Contract & GL Insurance Issues Every Illinois Lawyer Should Know for Effective Risk Management,” Illinois Association of Defense Trial Counsel Spring Symposium (Chicago IL, 2014).
• “Top 10 Construction Contract & GL Insurance Issues Every Illinois Lawyer Should Know,” Joint Illinois Association of Defense Trial Counsel/Texas Association of Defense Counsel Winter Seminar (Crested Butte CO, 2014).
• “Insurance, Surety Bonds, and Bankruptcy Issues for Construction Projects,” Illinois State Bar Association seminar on insurance for construction (DeKalb IL and Chicago IL, 2013).
• “Illinois Construction Liability: Risk Transfer and Contracts,” risk managers and contract team for large multi-state contracting client (2012).
• “Construction Contracts, Risk Management, Risk Transfer, and Trends in Illinois,” Assurance Agency Educational series (Schaumburg IL, 2007).
• “Professionalism in the Courtroom,” Illinois Association of Defense Trial Counsel’s Basic Skills course (15-hour required Continuing Legal Education for first year lawyers in Illinois). (2006) (Co-presenter with Justice Warren Wolfsen)
• “Construction Injury, Risk Transfer and Avoidance, and Coverage,” Assurance Agency Educational seminars (Schaumburg IL, 2004 and 2005).
• “Underground Contracting: Illinois Legal Considerations,” Assurance Agency Educational seminars (Schaumburg IL, 2005).
• “Construction Injury: Claims Theories & Defenses” and “Risk Transference and Coverage for Illinois Contractors,” Lorman Educational Seminars (2004).
• “Standstill Agreements: Can a Counterclaim be Avoided,” Illinois Association of Defense Trial Counsel Fall Seminar (Galena IL, 2003).
• “Construction Defects and Insurance Coverage in Illinois,” Lorman Educational Services Seminar (2003).
• “Construction Litigation and Insurance Coverage: Liability Theories after the Structural Work Act Repeal – Section 414 of the Restatement and Illinois Pattern Jury Instructions,” joint presentation to Illinois Association of Defense Trial Counsel and The Chicago School of Insurance (Chicago IL, 2002). (Co-presenter)

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Publications

• “Illinois Enacts Anti-Indemnity Legislation in Snow and Ice Removal Contracts,” National Society of Professional Insurance Investigators, NSPII News (Fall 2016). (Co-author)