ACCL Membership Directory

Louis R. Pepe

  • Partner
  • McElroy, Deutsch, Mulvaney & Carpenter, LLP
  • One State Street
    14th Floor
  • Hartford, Connecticut 06103-3102
  • Email: lpepe@mdmc-law.com
  • Phone: (860) 241-2636
  • Cell:
  • Company Phone: (860) 522-5175
  • Fax: (860) 522-2796

Education

  • Undergraduate: B. Mgt. E., 1964 Rensselaer Polytechnic Institute 
  • Graduate: M.S., Management, 1967 Rensselaer Polytechnic Institute 
  • Law School: Cornell Law School, J.D., 1970 (with Distinction)

Career History

1970-1983

Alcorn, Bakewell & Smith
Hartford, CT  06104

1983-2010

Pepe & Hazard LLP
Goodwin Square
225 Asylum Street
Hartford, CT  06103
(Pepe & Hazard merged with McElroy, Deutsch, Mulvaney & Carpenter in May 2010)

Professional Activities

  • American College of Construction Lawyers, Fellow
  • American College of Trial Lawyers, Fellow
  • American Board of Trial Advocates — President, ABOTA Connecticut Chapter (2007-2008); Vice President (2005-2007); Treasurer (2000-2005)
  • American Bar Foundation, Fellow
  • Connecticut Bar Foundation, James W. Cooper Fellow — Board of Directors (2001-2012)
  • American Bar Association — Construction Industry Forum; Litigation Section
  • Cornell Law School — Chairman, Hartford Regional Committee, Annual Fund (1990-2003); Dean’s Advisory Committee, Member (1990-Present)
  • Communities’ Law Center, Board of Directors (1995-2000)
  • Connecticut Bar Association — President (2005-2006); President Elect (2004-2005); Vice President (2003-2004); Chairman, Pro BonoCommittee (2003-2004); Chairman, Standing Committee on Professionalism (2000-2003; 2006-2016); Chairman, Task Force on Professionalism (Civility) (1998-1999); Chairman, Task Force on Grievance Procedures (1997-1998); Chairman, Construction Law Section (1989-1992); Attorney-Client Fee Dispute Arbitration Panel (1998-Present); Lawyer-to-Lawyer Dispute Resolution Committee (1998-Present); Faculty, Connecticut Trial Advocacy Institute (1994-2005)
  • Oliver Ellsworth Inn of Court — President (2003-2004); Vice President (2002-2003)
  • University of Hartford Construction Institute — Board of Governors (1995-1996); Executive Committee (1996-1999)
  • Greater Hartford Legal Aid Foundation — Board of Directors (1993-present); President (1999-2001)
  • Swift’s Inn, Member
  • Hartford County Bar Association
  • American Arbitration Association Master Mediator Panel (Construction) and Arbitration Panels for Large, Complex Cases; International Cases; and Mega Project Cases
  • ICDR, ICC and CPR Arbitration Panels
  • National and Connecticut Italian American Bar Association

Honors

  • Recipient, Connecticut Bar Association Edward F. Hennessey Professionalism Award (2017)
  • Recipient, Connecticut Bar Foundation Distinguished Service Award (2017)
  • Recipient, Connecticut Bar Association John Eldred Shields Distinguished Professional Services Award (2015)
  • Recipient, Connecticut Law Tribune Professional Excellence Award (2016)
  • 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 2009 Man of Excellence Award (2009)
  • Recipient, Achievement Award, Connecticut Italian-American Bar Association (2009)
  • Recipient, Lifetime Recognition Award, Construction Institute of Connecticut (2011)
  • Listed In:  “Who’s Who in America;” “Who’s Who in American Law;” “International Who’s Who of Construction Lawyers;” “International Who’s Who of Business Lawyers;” “Best Lawyers in America” (since 2000); “Super Lawyers” (Connecticut, New York Area, New England); “Who’s Who in International Arbitration”
  • Martindale Hubbell AV Preeminent Rating

Representative Articles, Publications, Speeches and Seminars

  • “Preparing For Litigation — During Construction,” Connecticut Construction (1980)
  • “Arbitration As A Means Of Resolving Construction Contract Disputes: A Hidden Pitfall In Connecticut,” Connecticut Construction (1980)
  • “The Enforceability Of The Pay-When-Paid Clause,” CCIC Newsletter (1985)
  • “Arbitration vs. Litigation: Wrestling With Disputes,” Builder and Contractor (1986)
  • “Construction Contract Disputes And Alternative Dispute Resolution,” Construction Institute Newsletter (1988)
  • “Shop Drawing Submittal, Review And Approval: A Source Of Great Controversy And Substantial Litigation,” ConnStruction (1989)
  • “Proving And Pricing Construction Claims — Changes In Scope Claims,” Chapter co-authored, Wiley & Sons (1990)
  • “Fifty State Construction Lien And Bond Law,” Co-authored chapter, Wiley & Sons (1991-1999)
  • “A Call For More Civility In The Litigation Bar,” CTLA Forum (1992)
  • “Mediation Of Construction Disputes,” The American Arbitration Association Punchlist (1992)
  • “The American Arbitration Association’s Large, Complex Case Program: Arbitration Comes Of Age And Becomes A Real Alternative To Litigation Of Large, Commercial Disputes,” CTLA Forum (1993)
  • “The Arbitrator’s Obligation To Apply Established Law After Garrity v. McCaskey: A New Era Or Just More Of The Same?” Co-authored, CTLAForum (1994)
  • “Connecticut High Court Confronts ‘No Damage For Delay’ Clause In Public Sector Contract,” Construct! American Bar Association, Construction Litigation Committee (1994)
  • “Connecticut Superior Court Decision Opens Doors To ‘Third Tier’ Claimants Under Payment Bond,” Construct! American Bar Association, Construction Litigation Committee (1994)
  • “Connecticut Appellate Court Decision Permits Confirmation Of Arbitration Award More Than One Year After Notice Of Award,” Construct!American Bar Association, Construction Litigation Committee (1995)
  • “A Call For More — Not Less — Oral Advocacy,” CTLA Forum (1996)
  • “‘Bid-Shopping’ May Violate Connecticut’s Unfair Trade Practices Act,” Construct! American Bar Association, Construction Litigation Committee (1996)
  • “Connecticut Supreme Court Makes Clear (Again) Its Unwillingness To Vacate Arbitration Awards,” Construct! American Bar Association, Construction Litigation Committee (1996)
  • “Communicating With And Preparing Your Expert Witness, While Protecting Your Attorney Work Product Privilege — A Pitfall For The Unwary,” CTLA Forum (1997)
  • “Thou Shalt Not Vacate An Arbitration Award — And We Really Mean It,” Construct! American Bar Association, Construction Litigation Committee (1997)
  • “Connecticut Appellate Court Joins The ‘Pay-If-Paid’ And ‘Pay-When-Paid’ Battle,” Construct! American Bar Association, Construction Litigation Committee (1998)
  • “Connecticut Supreme Court Further Restricts The Rights And Remedies Of A Disappointed Bidder,” Construct! American Bar Association, Construction Litigation Committee (1999)
  • 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 (1999)
  • “Compensating The Former Employee To Prepare And Prove Construction Claims,” The Construction Lawyer, American Bar Association (2004)
  • “Document Retention, Electronic Discovery, E-Discovery Cost Allocation & Spoliation of Evidence — The Four Horsemen of the Apocalypse in Litigation Today” (co-authored with Jared Cohane), Connecticut Bar Journal (2007)
  • “Construction Law Handbook,” co-authored “Compensatory Damages Chapter,” Wolters Kluwer (2008)

Representative Speeches, Panel Discussions and Seminars

  • “The Successful Preparation And Litigation Of Construction Contract Suits,” Associated General Contractors of Connecticut, Inc. Seminar (1980 and 1987)
  • “Proving Delay And Disruption Damages,” Associated General Contractors of Connecticut, Inc. Seminar (1981)
  • “The Role Of The Owner’s Representative In Claim Situations,” Engineering News Record Seminar on Construction Claims and Disputes For Owners and Contractors (1983)
  • “Anatomy Of The Civil Action,” Connecticut Bar Association Trial Advocacy Seminar (1988-1990)
  • “The Surety’s Relationship To The Contractor And The Claim,” Engineering News Record Seminar on Contractor Claims (1985)
  • “Calculation Of Contractor Damages,” Engineering News Record Seminar on Construction Claims and Disputes for Contractors and Subcontractors (1985)
  • “The Top Ten Causes Of Construction Disputes (And How To Avoid Them),” Associated General Contractors of Connecticut, Inc. Seminar (1986)
  • “Construction Contract Litigation — Strategy and Tips,” Connecticut Trial Lawyers Association Seminar on Trial Techniques for Business Torts and Commercial Litigation (1989)
  • “Contractors’ Delay Damages,” Engineering News Record Seminar on Calculation and Proof of Damages For Construction Owners and Contractors (1989)
  • “Architect/Engineer And Construction Manager Disputes,” Georgetown University Law Center Construction Contract Litigation Seminar (1989)
  • “What Happens When The Roof Collapses?” Construction Law Section of the Connecticut Bar Association Seminar (Moderator) (1990)
  • “Connecticut Construction Law: What Do You Do When…?” National Business Institute, Inc. Seminar (1990)
  • “Pricing And Proving Contractor Claims For Changes In Scope And Unforeseen Conditions,” Fifth and Sixth Annual Construction Superconference (1990 and 1991)
  • “How To Get Paid When No One In The Construction Industry Is Paying,” Construction Law Section of the Connecticut Bar Association Seminar (Moderator) (1991)
  • “Strategies To Win In Mediation Or Arbitration,” Seventh Annual Construction Superconference (1992)
  • “Construction Litigation In The Nineties — And Beyond,” Connecticut Bar Association Construction Law Section Seminar (1992)
  • “The Construction Process From The Legal Viewpoint,” Aetna SCA Advanced Construction Seminar (1992 and 1994)
  • “Conducting An Effective Deposition,” Connecticut Trial Lawyers Association Seminar on Effective and Efficient Discovery in Complex Commercial Litigation (1993)
  • “Construction Claims Under Connecticut Law,” Cambridge Institute (1993)
  • “Management Of The Competitive Bidding Process,” Eighth Annual Construction Superconference, San Francisco, California (1993)
  • “Construction Law In The Nineties: What Every Lawyer Must Know To Succeed,” (1993)
  • “Avoiding Design Problems,” Construction SuperConference (1994)
  • “The Ten Most Significant Case Decisions And Statutes In Connecticut — And Why,” Co-authored, Construction Law Section of the Connecticut Bar Association Seminar (1994)
  • “Dissecting Construction Contracts,” Construction Institute Courses/Contractor Series (1995)
  • “Presenting The Evidence,” American Arbitration Association 17th Annual Summer Conference (1995)
  • “Risk Management In The Construction Industry,” Construction Specification Institute Regional Conference (1996)
  • “Construction Contracts — Making Sense Of The Maze,” University of Hartford Construction Institute (1996-1998)
  • “The Use Of Technology In Large, Complex Litigation,” Connecticut Bar Association Annual Meeting, Construction Section Program (Moderator) (1997)
  • “Negotiating And Drafting Dispute Resolution Clauses,” Construction SuperConference (1999)
  • “Construction Claims Workshop,” 11th Annual American Institute of Certified Public Accountants National Construction Industry Conference (1999)
  • “Owner (and Contractor) Considerations in the Negotiation and Drafting of Dispute Resolution Provisions in Large Construction Contracts,” The Millenium Construction SuperConference, San Francisco, California (1999)
  • “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)
  • “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)
  • “Change Orders, Changed Conditions and Cardinal Change,” The Global Construction SuperConference, London, England (November 2001)
  • “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)
  • “Tortious Interference With Contractual Rights,” Fluor Corporation LawCon (2002)
  • “The Resolution of Construction Disputes Through Mediation, Litigation or Arbitration (Which is Best?),” American Institute of Certified Public Acountants, National Construction Industry Conference (2002)
  • “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)
  • “How Arbitrators Make Decisions — What Matters Most,” American Arbitration Association (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)
  • “Construction Contract Clauses,” AICPA National Construction Industry Conference (2003)
  • “The Revised Commercial Arbitrator Code of Ethics: What Does It Mean For You?,” American Arbitration Association Seminar (2004)
  •  “Presenting And Proving Delay Claims Under The Rules And Procedures Of ICC Arbitration: What Works And What Doesn’t From The Viewpoint Of The Attorney, Scheduling Expert And Arbitrator,” The “Owner’s” International Construction SuperConference, London, England (May, 2004)
  • “Defining The Role And Alignment Of The Architect/Engineer In Construction Litigation And Arbitration,” The “A/E Issues” Construction SuperConference, San Francisco, California (December 2004)
  • “When The Project Absolutely, Positively Must Be Completed On Time: Dealing With The Problems Inherent In Acceleration,” The “Contractor and Construction Manager Issues” International SuperConference, London, England (May, 2005)
  • “Electronic Discovery in Commercial Cases,” Connecticut Trial Lawyers Association (2007)
  • Construction Contract Landmines,” AICPA National Construction Industry Conference (2007)
  • “AIA 2007 v. ConsensusDOCS:  Which Is Better,” AICPA National Construction Industry Conference (2008)
  • “Enforcing The Award:  Tips and Traps,” American Arbitration Association Construction Conference (2009)

Courses Taught

  • “Construction Law,” Hartford Graduate Center (1978-1990)
  • “Avoiding and Litigating Construction Contract Disputes,” University of Hartford Construction Institute (1989-1994)
  • “Commerical Arbitration,” University of Connecticut School of Law (2001 and 2010)

Court Admissions

  • Connecticut United States Supreme Court
  • Second, Sixth and Ninth Circuit Courts Of Appeal
  • United States Court of Federal Claims
  • United States District Court for the District of Connecticut
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Eastern District of Michigan


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