Construction Law & Litigation Blog
You Should (Almost) Never Request a Jury for a Construction Case
Construction Contract disputes are complicated legal matters. Both sides usually have valid points to make. The winner is determined by the application of relatively complex facts to the law. Such
Restarting the 90 Day Clock to File a Mechanic’s Lien
As most contractors are aware, in Connecticut, you have 90 days after the last day that you supply labor and/or materials to file a mechanic’s lien. Many other states have
Court Upholds A Mechanic’s Lien Served More Than A Year After It Was Filed
Under Connecticut Law, “a mechanic’s lien shall not continue in force for a longer period than one year after the lien has been perfected unless the party claiming the lien
Different Treatment for Different Mechanic’s Lien Deadlines
The Connecticut courts have often been schizophrenic in their interpretation of Connecticut mechanic’s lien law. On one hand, the courts refer to mechanic’s liens as a right created by statute
Pending Legislation Concerning Mechanic’s Liens
Right now, the Connecticut Legislature is considering Proposed Bill No. 5682 (the “Proposed Act”), which states as its purpose “[t]o establish a process for the holder of a mechanic’s lien
Arbitrability: Who Decides Who Gets To Decide?
Arbitration has become a popular alternative to traditional courtroom litigation for construction contract disputes; however, arbitration is a creature of contract. No one can be forced to arbitrate an issue that they
Another Step Closer to Understanding Pay-When-Paid Clauses
No provision in a standard construction contract has been more debated than the requirement for the general contractor to pay its subcontractors after its receipt of payment from the owner.
Subcontractors Only Have Very Limited Rights Against Public Owners
On private construction projects, subcontractors and/or suppliers that furnish labor, material, or services but are not paid by the project’s general contractor have a variety of claims that they may
A Contractor That Acts as His Own Expert Witness May Inadvertently Waive Attorney Client Privilege
The general rule is that a party does not have to disclose communications with its attorney seeking legal advice. A recent Superior Court decision, Noble v. the City of Norwalk,
The Contract and Not Common Sense Determines the Proper Parties to an Arbitration
Many construction contracts require the parties to resolve their disputes through alternate dispute resolution procedures such as mediation and arbitration. Arbitration is intended to be a cost effective alternative to