Construction Law & Litigation Blog
A Connecticut Court Grants Defendant’s Motion To Stay An Application To Discharge Mechanic’s Lien Pending Arbitration
As regular readers of this blog know, a mechanic’s lien provides a contractor with a security interest in the real property where its work was performed. Because, however, it is
The Appeal of A Decision Discharging a Mechanic’s Lien Can Potentially Be Rendered Moot
As previously discussed in this blog, anyone that has furnished labor, materials, or services for the improvement of real property and has not been paid for its work may file
If Your Mechanic’s Lien is Discharged, You’ve Lost the Battle But Not the War
After a mechanic’s lien is filed, an owner has two options. The owner can wait because, if the lien is not foreclosed within a year, it evaporates by operation of
Construction Claims May Come From A Variety of Sources
Most construction claims arise out of the contractual relationship between the parties. Some arise out of claims of negligence. There are other situations where a contractor may be held liable
Understanding Unabsorbed Home Office Overhead
It is readily apparent that – if a project is delayed – the contractor is losing money. The increased direct costs associated with the labor and equipment on site are
Contractors Have Statutory Rights That They May Assert During Payment Disputes
A recurring problem in the construction industry is the failure of owners to issue timely payments. The problem not only affects contractors but also the subcontractors and/or suppliers who have
After Nine Years, There is Still Ambiguity in The State’s Prequalification Program
On October 1, 2004, acting through its Department of Administrative Services (“DAS”), the State of Connecticut implemented a prequalification program for all contractors bidding on certain public projects. 2003 Ct.
Recent OCIP Decision Reminds Contractors About the Importance of Contract Language
In recent years, Owner Controlled Insurance Programs (“OCIP”) have become more prevalent in public and private construction projects. An OCIP “is a class of ‘wrap-up’ insurance that provides coverage for
A Cautionary Tale for All Subcontractors
The Connecticut Appellate Court recently handed down a decision that should have all subcontractors carefully reviewing their subcontracts. In Suntech of Connecticut, Inc. v. Lawrence Brunoli, Inc., 143 Conn. App.
Connecticut Statutes Provide Assistance with Receiving Prompt Payment on Public and Private Construction Projects
Under Connecticut law, an owner should pay its general contractor within 30 days of having received the general contractor’s application for payment; the general contractor, in turn, is required to