The state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the...more
N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...more
8/21/2024
/ Construction Project ,
Construction Site ,
Construction Workers ,
Contractors ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Homeowners ,
New York ,
NY Supreme Court ,
Slip and Fall ,
State Labor Laws ,
Vicarious Liability ,
Workplace Injury ,
Workplace Safety
A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not...more
In NASDI, LLC v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV), 2024 WL 1270188 (2d Cir. Mar. 26, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s grant of summary judgment dismissing a...more
The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield...more
In the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA), which limits the reach of race-based affirmative action programs in...more
11/30/2023
/ Affirmative Action ,
Constitutional Challenges ,
DBE Program ,
Department of Transportation (DOT) ,
Diversity and Inclusion Standards (D&I) ,
Federal Contractors ,
Federal Funding ,
Infrastructure Investment and Jobs Act (IIJA) ,
Minority Business Enterprise Program ,
Public Projects ,
Race Discrimination ,
Students for Fair Admissions v Harvard College
Most subcontracts include a flow through provision (also called flow down and incorporation clauses) stating that the subcontractor and contractor are bound by the same obligations as set forth in the prime contract between...more
A common provision often deleted from the standard form AIA documents is the provision in the AIA A201 General Conditions requiring an Initial Decision Maker (IDM) for claims between the contractor and owner. In the A201, the...more
New York recently enacted legislation known as Carlos’ Law, which increases penalties for corporate liability for the death of, or serious injury to, an employee. The bill, S.621B / A.4947B, was named after Carlos Moncayo, a...more
5/10/2023
/ Construction Contracts ,
Construction Project ,
Construction Site ,
Construction Workers ,
Corporate Liability ,
Employer Liability Issues ,
New Legislation ,
New York ,
Regulatory Reform ,
State Labor Laws ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the...more
4/26/2023
/ Connecticut ,
Construction Disputes ,
Construction Project ,
Federal Contractors ,
Mechanics Lien ,
Miller Act ,
Payment Bond Claims ,
Payment Bonds ,
Public Projects ,
Statute of Limitations ,
Surety Bonds
Business relationships often begin before parties execute a written agreement containing the terms and conditions by which the relationship will be governed. With little more than a Letter of Intent (“LOI”) or Letter of...more
On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58). The IIJA includes the Build America, Buy America Act which declares that “none of the funds made...more
4/6/2023
/ Biden Administration ,
Buy America ,
Construction Project ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
OMB ,
Public Procurement Policies ,
Real Estate Development ,
Regulatory Requirements ,
Supply Chain ,
Urban Planning & Development
A typical prevailing party contract provision allows the prevailing party in litigation or arbitration to recover their attorney’s fees from the other party. It is an attractive provision when negotiating a construction...more
The U.S. Department of Transportation (USDOT) recently announced that it will offer more low-cost flexible financing for both transit and Transit Oriented Development projects under the Transportation Infrastructure Finance...more
11/9/2022
/ Construction Project ,
Department of Transportation (DOT) ,
Federal Transit Administration ,
Infrastructure ,
Infrastructure Financing ,
Loans ,
Project Finance ,
Public Projects ,
Public Transit ,
TIFIA ,
Urban Planning & Development
Effective October 1, 2022, Connecticut adopted new State Building, Fire Safety, and Fire Prevention codes. The new codes include 12 international and national model codes....more
The American Arbitration Association (AAA) has revised its Commercial Arbitration Rules and Mediation Procedures, effective September 1, 2022. The goal of these revisions is to standardize longstanding AAA practices...more
An often-overlooked part of contract negotiations is the language included in the performance bond. While the owner or contractor (bond obligee) requires a performance bond and pays for it, negotiating efforts are typically...more
The recent Connecticut Appellate Court decision in Electrical Contractors, Inc. v. 50 Morgan Hospitality Group, LLC, 211 Conn. App. 724 (2022), eliminated any remaining doubt regarding a subcontractor’s right to payment for...more
The purpose of a liquidated damages provision in a construction contract is to establish in advance a fair amount of compensation to the injured party for a breach of contract to avoid spending time and money fighting over...more
Terminating a contract is a serious and sometimes risky decision. Whenever a client seeks advice regarding termination, a lawyer should stress the importance of strict compliance with the contractually specified termination...more
7/22/2022
/ Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Termination ,
Contract Terms ,
CT Supreme Court ,
Real Estate Development ,
Right To Cure ,
Termination Rights