Our Attorneys

Thomas M. Todd

Area of Practice

Mr. Todd practices in the areas of construction claims and commercial transactions. Specific areas of concentration include construction defects, performance and payment surety bonds, public and private mechanics liens, and related issues. He also has a wide variety of experience in real property transactions including acquisition, zoning, leasing, development, contract negotiation, and condominium formation. He has experience in litigation, arbitration, and administrative hearings in real estate and construction matters, including condemnation, zoning, foreclosure, title defects and boundary disputes.

Representative Experience

Major Transactions

Developer's counsel for rezoning urban infill lot into a MU-2 designation where height and dimensional variance was obtained for client seeking to build a five story residential and retail project; conducted several meetings with South Hill neighborhood association to obtain their support
Local counsel and title agent for shopping center acquisition in Georgetown, Kentucky
Local counsel and title agent for Home Depot acquisition on Lexington Mall parcel
Lead counsel and title agent shopping center acquisition in Mt. Sterling, Kentucky, and seller's counsel for same parcel two years later
Local counsel and title agent for bond issue for Mary Queen of the Holy Rosary addition and St. Elizabeth Ann Seaton Middle School
Represent several developers on ongoing basis in acquiring and developing property for office condominiums, including formation of LLCs, condo associations, master deed and bylaws
Closed first conservation easement under the Purchase of Development Rights program in Fayette County, and continue to represent the Rural Land Management Board in over 75 transactions to further its goal to protect up to 50,000 acres of farm land from overdevelopment

Notable Litigation

Supervised team of associates and paralegals who condemned approximately twenty parcels necessary for the construction of the new parking garage at the University of Kentucky, the first step in the $450,000,000.00 expansion of the UK hospital
Represented landowners in condemnation actions opposing Commonwealth of Kentucky, Department of Transportation, seeking fair value of land acquired for the widening of Harrodsburg Road
Defended Urban County Government in bench trial against cost overruns and undocumented change orders claimed by General contractor in construction of Cardinal Run park
Represented and obtained settlement on behalf of YMCA v. general contractor and major subcontractor for negligent construction of pools at two new facilities
Represented and obtained settlement on behalf of electrical contractor v. owner for delay claims arising out of the construction of the Wayne County Justice center.
Prosecuted bond claims for seven separate subcontractors v. General Contractor's surety who defaulted while constructing the Johnson Recreational facility at the University of Kentucky
Prosecuted claims for two separate subcontractors v. General Contractor's surety who defaulted while constructing the library Eastern Kentucky University
Prosecuted claims v. seventeen (17) separate defendants, including five public lien claims in six counties, against six separate sureties, all arising out of default by large commercial roofing company
Prosecuted numerous public lien claims on construction funds held by LFUCG, UK, Eastern Kentucky University, Commonwealth of Kentucky, Winchester Municipal Utilities, and several local governments and municipalities
Prosecuted and defended numerous private lien claims on construction on commercial and residential projects throughout Central Kentucky
Defense of more than two dozen title claims on behalf of Stewart Title Guaranty Company

Professional Background

Elder, Crestwood Christian Church
Board Member of Lexington Public Library Foundation
University of Kentucky Fellows Society
Married to Jennifer L. (Lewis) Todd, (also UK JD, 1985)
Two daughters, Nancy (18) and Eleanor (15)
Hobbies include reading, politics, golf, physical fitness
Life resident of Lexington, Kentucky

Education

Preparatory education: University of Kentucky (B.A., 1982)
Legal education: University of Kentucky (J.D., 1985)