Construction

To fully meet the needs of our clients in the construction industry, Robinson+Cole reaches across practices to include transactional and litigation lawyers from our Construction, Labor and Employment, Tax, Land Use, and Real Estate Practice Groups, among others. This combination of talent affords our clients a breadth of experience from drafting and negotiating design and construction contracts to negotiating and resolving disputes, including litigation, arbitration, and mediation, as well as dealing with financing, labor relations, and siting.

    • Experiences
      • Secured a significant trial ruling against a state agency responsible for the repair, maintenance, and construction of public highways and bridges and for the increased costs of a 749-day delay in completing a roadway reconstruction and bridge replacement project. The decision presents important legal authority regarding the liability of a public owner for causing work delays.

      • Representation of a construction manager in negotiation of workout agreement with a private developer, its lender, and over 15 subcontractors stemming from developer’s failure to pay over $5 million in contract proceeds and arranging for the successful remobilization contractors and subcontractors to the project with reaffirmation agreements from all subcontractors and vendors.

      • Representation of a construction manager in the negotiation of $150 million cost-plus construction contract with guaranteed maximum price in connection with the multiphase construction of a warehouse and distribution center in New York. Successfully negotiated favorable provisions to client governing compensation for potential delays, right to change orders increasing the GMP, and the potential for millions of dollars of incentive payments.

      • Representation of a construction manager in the defense of multimillion-dollar construction defect claims relating to the installation of a complex refrigeration system within a large grocery store, obtaining nuisance value settlement for client before trial and following discovery and disclosure of expert witnesses. This was a multiparty litigation before the complex litigation docket involving the owner, manufacturer, construction manager, designer, subcontractor, and various vendors.

      • Representation of construction manager in the defense of multimillion-dollar construct defect claims relating to the construction of a parapet wall and roofing deck where the owner claimed water infiltration was the result of client’s deviation from plans and specifications and faulty means and methods. Obtained a nuisance value settlement following extensive discovery and disclosure of expert witnesses and motion practice. This was a multiparty litigation before the U.S. District Court for the District of New Jersey, which was subsequently returned to New Jersey Superior Court where it settled following three days of mediation. Parties to the litigation included the owner, designers, and subcontractors.

      • Litigation

      • Represented Construction Manager in action against Retail Owner’s Trustee in the United States Bankruptcy Court for the Eastern District of Virginia seeking the return of client’s earned retainage as “trust funds” and not property of the bankruptcy estate. Obtained a favorable settlement to client following the initiation of an adversary proceeding and minimal discovery and motion practice.

      • Represented Construction Manager in claims against defunct Retail Owner’s Landlord for value of improvements made to the real property. Obtained a favorable settlement to client following the filing of mechanic’s lien and settlement negotiations.

      • Represented General Contractor in the successful appeal of a motion for summary judgment against client in the New York Supreme Court. Case centered around a personal injury action where client’s insurer denied coverage. Client’s insurance broker was impleaded for negligently failing to procure proper insurance for client and initially obtained summary judgment which overturned.

      • Other Experiences

      • Representation of construction manager in defense of multimillion-dollar construction defect action filed by a condominium association asserting nearly 100 building code defects that were claimed to be the result of defective construction. Obtained a zero dollar settlement for client, which included reimbursement for legal fees and costs after impleading the responsible subcontractors and the project designer and following extensive discovery and settlement negotiations.

      • Litigation

      • Dual representation of mechanical contractor and its sheet metal subcontractor in the prosecution of $1.9 million claim seeking compensation for delays, inefficiencies, additional field and shop labor, and sheet metal poundage against Construction Manager and Project Designers where project completion time was extended by six months as a result of scheduling and coordination issues and deficient design documents. Case settled, following two day mediation, in favor of clients after limited discovery in litigation.

      • Other Experiences

      • Representation of a mechanical contractor in the prosecution of multimillion-dollar delay and inefficiency claims against a New Jersey school district and its designers, defeating “No Damages for Delay” provision asserted by way of summary judgment and obtaining favorable settlement for client following three days of mediation.

      • Representation of construction manager client and defeated owner bankruptcy trustees preference claims seeking the return of progress payments and retainage, obtaining voluntary dismissal of adversary proceeding in favor of client.

      • Representation of large steel trade contractor in action assertion of affirmative claims for delays and inefficiencies against structural engineer. Obtained favorable settlement for client after surviving motion to strike all claims based upon economic loss doctrine and depositions of defendants’ engineers.*

      • Litigation

      • Representation of a construction surety and obtained a summary judgment ruling against the bond principal and indemnitors, defeating claims of bad faith and obtaining judgment for all of client’s losses, costs, and expenses pursuant to the General Agreement of Indemnity. Action was pending in the Connecticut Complex Litigation Docket. *

      • Presentation of an oral argument to the Connecticut Supreme Court on behalf of a town and construction contract surety and successfully obtained affirmation of lower court's decision finding that the town had absolute discretion under Connecticut's subdivision statutes to forego calling subdivision bond posted by developer. *

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    • Publications + Presentations
    • "Management of Legal Exposures," at Construction Institute's Spring 2014 Professional Development Workshop at the University of Hartford, co-presented by Gregory R. Faulkner and Roy Cooper, P.E., vice president of ARCADIS (4/22/2014)