Construction Law & Litigation Blog
Design Professional Liability Raises Interesting Questions
Today, in many instances, the design/bid/build project delivery system has been modified through the use of construction managers (either at-risk or advisors) and owner’s representatives, or has been entirely usurped
Expansion of State’s Affirmative Action Program May Be Problematic
In Connecticut, the state’s Commission on Human Rights and Opportunities administers an affirmative action program that has, until recently, only applied to state public works construction projects whose cost is
The Little Miller Act Time Limits are Only Mandatory for the Claimant and Not the Surety
Every state in the country allows those that supply labor, materials, and/or services for the improvement of private property to claim an interest in the improved property as security for
A Recent Supreme Court Decision Found an Owner of a Construction Company Personally Liable to the Owners of a Project
As most people are aware, one of the benefits of doing business as a corporation or limited liability company is that, generally speaking, the owners of the company cannot be
National Labor Relations Board Expands Joint Employer Status
In a 3-2 decision along party lines on August 27, 2015, the National Labor Relations Board dealt a significant blow to contractors and other businesses that rely on staffing agencies
Contractual Time Limits for Providing Notice of Claim Must be Taken Seriously
The Connecticut Appellate Court recently issued a decision that should cause every contractor some concern. In J. WM. Foley Inc. v. United Illuminating Co., 158 Conn. App. 27 (Conn.App. 2015),
Only the “Owner” may seek Judicial Discharge of Mechanic’s Liens
The Connecticut Superior Court recently decided a case of first impression regarding the right to file an application for discharge of mechanic’s liens.
Recent Local Law Shows that the Law’s Understanding of Blasting is not Improving
In 2003, I published an article in The Journal of Explosives Engineering entitled “The Laws Governing Blasting,” in which I explained that, despite the fact that blasting is the most
Recent Supreme Court Case Teaches Important Lessons
It is no secret that public works construction is a difficult business. On any given project there are innumerable ways that things can go wrong. With any project involving excavation
Changes to the Prevailing Wage Law Considered
According to Conn. Gen. Stat. §31-53, all public works construction contracts require the wages paid on the project to “be at a rate equal to the rate customary or prevailing