Construction Law & Litigation Blog
The Standard Procedure for Obtaining Lien Waivers May Be Ineffective
A recent Superior Court decision should cause general contractors and owners to reevaluate their procedures for obtaining lien waivers. Typically, signed lien waivers are submitted after the work is performed but before payment is received. On a basic level, the procedure makes sense because...
Court Rules That the Government Contractor Defense is Not Applicable to Road Reconstruction Projects
As articulated by the United States Supreme Court, the government contractor defense provides that “[l]iability for design defects in military equipment cannot be imposed, pursuant to state law, when (1)
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
Public Owners Cannot Arbitrarily Award Contracts
Successfully protesting the award of a public construction contract is a very difficult. Under the public bidding laws, an unsuccessful bidder cannot obtain a monetary award against a public owner
“Pay when Paid” versus “Pay if Paid”
Most subcontracts contain language, which state that the contractor shall pay the subcontractor within so many days after the contractor’s receipt of payment from the owner. The question then becomes,
Payment Bond Claimants Should Consider Additional Causes Of Action
It is not uncommon for sureties that issue payment bonds to deny claims brought by subcontractors and suppliers. After an “investigation”, a surety’s typical response is that the claim is
Don’t Get Creative When Attempting To Enforce Mechanic’s Lien Rights
In Connecticut, the law pertaining to mechanic’s liens is well settled. You will not come across many issues of first impression while trying to enforce a mechanic’s lien and, therefore,
Notice Requirements For Construction Claims Against The State Of Connecticut
General speaking, you cannot sue the state unless the state gives you permission. The legal concept that prevents you from being able to sue the state is known as “sovereign
Act Promoting Fairness In Private Construction Contracts? Hardly.
A new law has recently gone into effect in Massachusetts that drastically changes the relationships between private owners, contractors and subcontractors; and some people are going to suffer severe financial
The Connecticut Home Improvement Act Has Harsh Penalties With Limited Exceptions
According to the Home Improvement Act (the “Act”), a home improvement contractor has no legal right to payment if his contract is not entered into by a registered salesman or contractor