Theodore Small

Ted Small is a shareholder, and General Counsel with the firm of Skelton Taintor & Abbott in Lewiston, Maine, concentrating his practice in:

  • Complex Commercial and Business Litigation and Arbitration
  • Construction Law
  • Real Estate Litigation
  • Municipal Law
  • Corporate & Business
  • Insurance Coverage
  • Trademark

He has handled a wide range of cases, including partnership and fiduciary duty disputes, corporate governance disputes, insurance coverage issues, construction cases, boundary and title-related disputes, and has represented municipalities in code enforcement actions and other litigation, along with advising municipalities on governance issues. He has also counseled corporations and trade associations in risk management, and co-authored a risk management manual for a national trade association.

In the construction field, Ted’s work includes litigation and arbitration on behalf of owners, general contractors, subcontractors, and suppliers; the review, drafting, and negotiation of contracts; and risk management consultation. Representative construction litigation matters include contract disputes, claims involving allegations of defective design, defective workmanship and/or defective products, and lien claims.

Ted is admitted to the Fellowship of the Construction Lawyers Society of America, an invitation-only honorary, international association of lawyers specializing in construction law and related fields.

Representative Matters:

  • Obtaining summary judgment in the United States District Court for the District of Maine (upheld on appeal by the First Circuit Court of Appeals) in favor of directors of a Delaware corporation, headquartered in Maine, in a shareholder action asserting that the board had engaged in self-dealing.
  • Being retained by a national trade association after the trade association had obtained an adverse outcome in an arbitration, and (i) subsequently preparing an appeal that resulted in a favorable settlement significantly decreasing the trade association’s obligations, and (ii) recovering defense and indemnity costs from a liability insurer that had previously declined a defense.
  • Obtaining a jury verdict for a hotel owner in a complex construction dispute involving claims of construction and design defects.
  • Obtaining insurance indemnity in a complex construction dispute implicating novel questions of insurance coverage.
  • Obtaining a six-figure judgment in a municipal zoning enforcement action.
  • Obtaining dismissal of a complaint seeking authorization of the construction of a cell tower.
  • Obtaining dismissal of a claim brought pursuant to the Endangered Species Act.
  • Obtaining and arbitration award, including attorneys’ fees, in a construction dispute where a contractor abandoned the project. The attorneys’ fee award nearly equaled the underlying damages award.
  • Obtaining a tax abatement from the Maine State Board of Property Tax Review reducing a commercial property’s tax assessment by over $6,000,000.

Ted received his J.D., summa cum laude, from the Maine School of Law.  He received an M.A. in Political Science, with a certificate in Political Campaigning from the University of Florida, and his B.A., with high distinction, in Political Science from the University of Maine. He is listed in the Best Lawyers® in America in the practice area of construction law, and litigation – real estate .

Raised in the Lewiston-Auburn area, Ted graduated in 1985 from St. Dominic Regional High School. Ted and his wife Jessica live in Poland with their three sons, their dogs, and their cats. Their family is active in youth baseball, soccer, and basketball. Ted is also a designer and builder of hand-made furniture. His furniture has been published in a national magazine.