Aleen R.
Tiffany

Practice Description

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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 and risk transfer focus
• Mechanics’ Lien and Surety Bond claims and litigation

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 also a trained and approved arbitrator in the 19th and 22nd Judicial Circuit Mandatory Court-annexed Arbitration programs.

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

Bar/Professional Associations

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• Fellow, Construction Lawyers Society of America
• Defense Research Institute
• Illinois Association of Defense Trial Counsel
  • President (2013-2014)
  • Executive Committee (2009-2014)
  • Legislative Committee (2011-2012)
  • Chair, Basic Skills Courses (2006-2007)
  • Trial Academy (2004-2005, 2008-2009)
  • Chair, Fall Seminar (2004-2005)
• Society of Illinois Construction Attorneys
• Past Member
  • American Subcontractors Association
  • Associated General Contractors of America
  • Association of Defense Trial Attorneys
  • Chicago Bar Association
  • National Association of Women in Construction
  • Northern Illinois Building Contractors Association

Awards, Honors & Distinctions

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• Illinois Leading Lawyer (2016-2022)
  • Profiled in Leading Lawyers Magazine-Real Estate Edition: “McHenry County Construction Lawyer Devotes Curiosity, Enthusiasm to Clients” (2017)
• Illinois Super Lawyer (2008, 2016-2022)

Published Legal Writing

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

Legal Lectures & Presentations

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• “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, Illinois Association of Defense Trial Counsel (Chicago, 2018).
• “General Liability Insurance Coverage, Tenders, and Risk Transfer 201,” Fortune 500 company litigation attorneys (Philadelphia PA, 2017).

For a complete list of Legal Lectures & Presentations, click here.

Representative/Recent Case Results

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

• 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 $90M property damage claim resulting from alleged electrical and design failures (pro hac vice admission, Indiana, 2016-2017).
• Successful defense and resolution of an $18M 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).
• Numerous other successful defense results and jury trial verdicts over 25 years in construction, automobile, and premises liability matters, involving varying injury and damages ranging from minor to catastrophic/death claims.