Thomas R. Whitby, Construction Attorney in the United States
Over 38 years of legal practice · focused on Construction and Insurance
Practicing construction since 1988.
- 38+
- Years practicing
- 1
- Bar admission
Practices in
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Quick answer
Thomas R. Whitby is an attorney based in Toronto, ONTARIO. The practice focuses on Construction and Insurance. Thomas has over 38 years of legal experience.
- Based in
- Toronto, ONTARIO
- Experience
- over 38 years
- Known for
- Construction · Insurance
- Handles Construction and Insurance matters from Toronto, ONTARIO.
- Over 38 years of practice as a licensed attorney.
- Recognized with Best Lawyers in America — Construction Law (2026).
About Thomas R. Whitby: Thomas R. Whitby is an attorney based in Toronto, ONTARIO. The practice focuses on Construction and Insurance. Thomas has over 38 years of legal experience.
Areas of practice
Thomas's practice areas in the U.S.
Thomas concentrates on construction and insurance. Each area below outlines the kind of case Thomas handles, typical outcomes to expect, and how the intake process starts.
Construction cases nationwide
Thomas takes construction matters nationwide. Typical engagements include intake calls to scope the issue, review of any records or filings you already have, and a written strategy memo before Thomas agrees to represent you.
Insurance cases nationwide
Thomas takes insurance matters nationwide. Typical engagements include intake calls to scope the issue, review of any records or filings you already have, and a written strategy memo before Thomas agrees to represent you.
Biography
Thomas R. Whitby, construction attorney serving the U.S.
Thomas R. Whitby is an attorney based in Toronto, ONTARIO. The practice focuses on Construction and Insurance. Thomas has over 38 years of legal experience. Thomas works from the U.S. and takes on construction matters across the region.
Tom Whitby’s construction litigation practice is focused primarily in the area of professional negligence. In over 25 years at Miller Thomson, Tom has litigated on behalf of architects and engineers in all types of construction claims including fee disputes, bidding and tendering claims, architectural and engineering design negligence claims, construction deficiency claims, sustainable design claims, P3 claims, and delay claims.
Tom acts for general contractors in litigation involving construction deficiency allegations. He also acts on behalf of contractors in advancing and defending construction lien claims. Tom’s practice involves disputes regarding diverse types of buildings, from houses to bank towers, and claims varying in size from thousands of dollars to tens of millions of dollars throughout Canada and abroad.
Tom acts for insurers on coverage disputes involving the interpretation of primary, excess, and reinsurance policies. He has been consulted by various insurers on policy wordings related to construction claims.
Tom also acts on behalf of architects in professional discipline claims.
In addition to his litigation practice, Tom provides advice to design consultants with respect to contract language, drafts consultant agreements, and assists with the negotiation of consultant contracts. He provides advice on public-private partnership (P3) arrangements for large public institutions and drafts the insurance, indemnity, and liability provisions in P3 agreements. He also drafts construction contracts for P3 agreements.
Tom’s practice has taken him before all levels of courts in Ontario and before the Supreme Court of British Columbia. He has also appeared before the Commercial List of the Ontario Superior Court on various commercial litigation matters.
How Thomas handles construction matters
Tom Whitby’s construction litigation practice is focused primarily in the area of professional negligence. In over 25 years at Miller Thomson, Tom has litigated on behalf of architects and engineers in all types of construction claims including fee disputes, bidding and tendering claims, architectural and engineering design negligence claims, construction deficiency claims, sustainable design…
The kind of cases Thomas takes
Thomas reviews new inquiries case-by-case for construction and insurance matters in the United States.
Jurisdictions
Thomas's state bar admissions
Ontario
1988 · ACTIVE
Recognition
Thomas's legal honors and published work
Thomas has received 4 formal recognitions from bar associations, industry bodies, and peer-review services.
Best Lawyers in America — Construction Law
2026
Best Lawyers in America — Insurance Law
2026
Best Lawyers in America — Special Focus:
2026
Best Lawyers in America — Litigation
2026
Legal awards and honors
Best Lawyers in America — Construction Law (2026). Best Lawyers in America — Insurance Law (2026). Best Lawyers in America — Special Focus: (2026). Best Lawyers in America — Litigation (2026).
Locations
Thomas R. Whitby's office in Toronto
Thomas's primary office is at 40 King Street West, Suite 6600, Toronto, Ontario. In-person meetings are by appointment; a phone intake usually comes first.
Client feedback
Client reviews of Thomas R. Whitby
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Schedule your consultationHiring guide
How to hire Thomas R. Whitby — what to expect in your first consultation
Working with a new construction attorney should feel structured. Here's how the first two conversations with Thomas usually go, from the moment you request a consult to the day representation begins.
Consultation formats and pricing
Thomas charges for the initial consult. That fee is credited toward representation if you retain Thomas's office.
What to bring to your first meeting
Bring any documents you already have — police reports, medical records, filed pleadings, correspondence from an insurer, a copy of the contract at issue. If you're not sure, err on the side of bringing everything; Thomas will tell you what matters and what doesn't.
Questions to ask a construction attorney in your state
A short list to run through before you commit: How many construction matters have you handled in the last year? What's your fee structure? Who else in the office will work on this? What's your realistic estimate of timeline and range of outcomes? How do I reach you between meetings?
Fees & payment
Fees, payment methods, and consultation options for Thomas
Thomas discusses fees during intake so the arrangement fits the matter. Contingency, hourly, and flat-fee options are all common in construction practice — ask which fits.
Hourly rates, contingency fees, and flat-fee options
Every construction matter is priced differently. Simple document review might be a flat fee. Injury litigation is often contingency. Complex commercial disputes usually run hourly with a retainer. Thomas confirms the model in the engagement letter before any work starts.
Payment methods and payment plans
Thomas's office accepts standard payment methods. Ask about payment plans if the retainer is a stretch — many construction practices work with clients on structured schedules.
Frequently asked
Frequently asked questions about Thomas R. Whitby
How much does it cost to hire Thomas for a construction case?
Cost depends on the type of matter, the fee model (contingency, flat, hourly), and how contested the case becomes. Thomas walks through the likely range during the consult so there are no surprises.
Does Thomas offer a free consultation?
Thomas charges for the initial consult; that fee is credited toward representation if you retain Thomas's office. Some construction attorneys offer free consults — check Thomas's current terms during booking.
How long do construction cases in this state typically take?
Simple construction matters can wrap in a few weeks; disputed cases can run 6–18 months from intake to resolution, longer if the matter goes to trial. Thomas gives a realistic estimate for your facts at the consult — vague answers here are a red flag.
Can Thomas take my case if I'm outside the area?
Thomas evaluates matters case by case. If the venue is outside Thomas's regular jurisdictions, the intake call will confirm whether direct representation or a referral makes more sense.
What should I bring to my first meeting with Thomas?
Bring every document that touches the dispute: contracts, correspondence, police or medical reports, filed pleadings, invoices, photographs, insurance letters. Also bring a written timeline of what happened, in your own words. Thomas will filter what matters — over-preparing at intake is always cheaper than needing a second meeting.
Is Thomas accepting new construction clients right now?
Thomas's intake status shifts week to week. Submit the form; the office will confirm availability or refer the matter out.