Construction Law & Litigation Blog
Public Owners Have Substantial Discretion in Determining the Lowest Responsible Bidder
In a recent decision, the Appellate Court reminded us that it is the lowest responsible bidder and not merely the bidder that submits the lowest price that shall be awarded
With Payment Bond Claims, Different Rules Apply to the Bond Claimant and the Surety
As previously discussed in this Blog, Conn. Gen. Stat. § 49-41 requires each general contractor on a public works projects valued over $100,000 to post a payment bond that guarantees
The Right to Arbitrate may be Waived if Opposing Party Suffers Prejudice
As discussed previously in this blog, arbitration is an alternative dispute resolution procedure, whereby the parties to a construction contract can agree to have their disputes heard by a private
Recent Decision Discusses Procedure for Challenging the Arbitrability of a Dispute
Arbitration is a private dispute resolution procedure that is intended to be more efficient and less expensive than a traditional court trial. In arbitration, a private individual or panel of
A Contractor May Still Recover Monies Due For Work Performed Pursuant to an Unenforceable Contract
Despite what might appear to be the parties’ intentions, courts sometimes find contracts unenforceable. Courts may find contracts unenforceable for any number of reasons including, but not limited to, the
Beware of No Damages for Delay Clauses
It is common for construction contracts to state that, if the project is delayed by the owner, the contractor shall be entitled to an extension of contract time but will
An Examination of a Recent Court Decision Discharging a Mechanic’s Lien
As previously discussed in this blog, after a property owner files an application to discharge a mechanic’s lien, a hearing is held in which the contractor is required to demonstrate
An Explanation of The Home Improvement Act’s Licensed Contractor Exception
Chapter 400 of the Connecticut General Statutes is known as the Home Improvement Act. “The purpose of the Home Improvement Act is to ensure that home improvements are performed by
It is Not Always Clear Cut Which Services May Be the Basis of a Mechanic’s Lien
Conn. Gen. Stat. § 49-33 provides that those furnishing labor, materials or services for the improvement of real property are entitled to claim a lien on said premises. “Prior to
Arbitrators May Amend or Correct Their “Final” Decisions
Arbitration Awards May Be Amended by the Arbitrator Arbitration is a procedure by which parties to a contract agree in advance that any disputes arising out of that agreement will