Tod O'Donoghue

Attorney at Hesse Martone, P.C.
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Contact Information
us****@****om
(386) 825-5501
Location
US

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Experience

    • Law Practice
    • 1 - 100 Employee
    • Attorney
      • Jul 2020 - Present

    • United States
    • Construction
    • 200 - 300 Employee
    • Vice President & General Counsel
      • Feb 2016 - Jul 2020

      • Advise Company Executives on a variety of contract and commercial issues, business risks, and business operations. • Provide legal and business support and guidance to the Leadership Team on issues and opportunities impacting the Company’s business objectives. • Be the frontline legal/business professional for the handling of all legal matters and legal risks for the Company. • Respond to queries from Operations and the Project Teams with respect to contract administration or operations issues – provide guidance and legal advice on the Company’s rights and obligations. • Oversee the resolution of labor and employment issues. • Provide legal guidance and legal management best practices and operating standards related to business, regulation and strategic matters.

    • United States
    • Construction
    • 100 - 200 Employee
    • Deputy General Counsel
      • 2006 - Jan 2016

      Only attorney in the Legal Department with operations experience in the construction industry. Utilized my operations expertise to support other business units within the organization. Understood how the operations/business leaders viewed their issues, and worked with them to find the fastest, best and most cost-effective solution to any problem or issue.• Managed compliance with insurance requirements and claim resolution process for the entire Insurance Program for the Company.• Resolved issues with certified payroll reports and the prevailing wage rates for projects throughout the US.• Investigated and resolved environmental matters concerning all aspects of the Company’s operations.• Construction and operations subject matter expert for a team that proposed the acquisition of a $115M California based specialty manufacturer/contractor in late 2011. Assessed the talent of the mid-level managers and the strength of the contract backlog. After the acquisition, was named General Counsel of the acquired entity.• Worked closely with the Global Safety Director to ensure full compliance with the Company’s Safety Program.

    • Construction & Operations Counsel
      • 2005 - 2011

      First Construction Attorney to join the Company, which is a collection of specialty contracting entities. Significantly reduced the annual spend on outside legal services by partnering with the Business Leaders and providing direction on resolving issues early in the process. Provided support to a large tunneling division.• Successfully filed over 30 bid protests, resulting in either contract awards or re-bids, when there had been irregularities in the bidding process. Led to more than $50M in contracts awarded to the Company.• After the dissolution of the tunneling division, assisted in getting the active projects completed, negotiating with another contractor to take over a recently won contract, and closing out all open claims.• Provided contracting, bidding and project execution support to the North America Rehab business, the Cured-In-Place Pipe (CIPP) unit, a role which continued through various reorganizations for the next 10 years.

  • K&S Associates Inc.
    • St. Louis, MO
    • Vice President & General Counsel
      • 1995 - 2005

      Partnered with the President to provide business and legal advice on all aspects for an $80M closely held commercial general contracting company. • Negotiated with a public agency and 7 subcontractors to reduce costs on a $20M project to stay within the agency’s budget without sacrificing the overall project scope. • Implemented a system for project managers and superintendents to effectively document problems and avoid disputes which greatly reduced both litigation and arbitration proceedings. • Handled disputes regarding questions about the payment of prevailing wages on projects subject to State or Federal prevailing wage guidelines resulting in no additional payments being required. • Assisted the Estimators by reviewing bid documents and advising if there was any unusual contract risk. • Drafted and sent letters giving notification to subcontractors which were in default of subcontract provisions. Terminated any subcontractor that failed to timely cure its default.

    • Law Practice
    • 1 - 100 Employee
    • Associate Attorney
      • 1991 - 1995

      Member of the Litigation Department of a 50-attorney, full service law firm. Primary responsibilities included legal research, discovery matters, and trial preparation for state and federal cases in Missouri and Illinois, with an emphasis on Construction Litigation and Insurance Law. • Conducted bench trial for breach of contract wherein client asserted right of set off against dumpster service. Obtained judgment favorable to the client. • Member of a four-attorney team representing a major boat manufacturer that was successful in defending the client in an investigation conducted by the Federal Trade Commission. • Member of a six-attorney team representing an insurance company client that resulted in reduced exposure in a matter dealing with cleanup costs for asbestos containing materials. • Negotiated favorable settlements or outright dismissals for a sewer contractor involved in numerous disputes with local gas company alleging damage to its gas lines. • Negotiated successful settlement for a general contractor client in a dispute with an owner regarding allegations of defective construction.

Education

  • Washington University in St. Louis - Olin Business School
    MBA
    2007 - 2008
  • Saint Louis University School of Law
    J.D.
    1987 - 1991
  • University of Missouri-Saint Louis
    B.A., English with Secondary School Certification
    1972 - 1976

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