Frederick E. Hedberg

(he/him/his)

Partner

  • Overview

    Biography

    Frederick E. Hedberg is a member of the firm’s Construction Law Group, with more than 20 years of experience handling complex construction and commercial matters for his clients, both as a transactional attorney and as an experienced litigator. In addition to his legal experience, prior to becoming an attorney, Fred practiced as a licensed civil and structural engineer for over 10 years, thereby gaining an in-depth knowledge and understanding of all phases of a construction project. Fred’s clients include public, institutional and private owners, developers, general and specialty contractors, design professionals, sureties, financial institutions and insurance companies. Fred represents clients in federal and state courts and before arbitration panels and administrative governmental tribunals on all types of project-related claims and disputes. 

    Contract Procurement and Project Delivery

    Fred represents public, institutional and private owners, developers, governmental agencies, architectural and engineering firms, and general and specialty contractors in drafting and negotiating many types of development and construction-related agreements. He routinely draws upon the experience and knowledge that he acquired as a professional engineer designing and managing the construction of submarines, power plants and other energy projects, and transportation facilities in delivering agreements that clearly identify each parties’ responsibilities while at the same time fairly allocating risk among the parties and providing incentives for cooperation and performance. To achieve these goals, he counsels his clients on important contract provisions regarding the scope of the project, costs, payment, changes in the work, insurance, claims, indemnity, limitations on liability, termination and dispute resolution.

    Fred has significant experience with various project delivery methods, including design-bid-build, design-bid, integrated project delivery and public-private partnerships. He has drafted and negotiated numerous construction-related agreements on behalf of developers, contractors and design professionals using custom and standard industry forms, including from the American Institute of Architects (AIA), ConsensusDocs, and the Engineers Joint Contract Documents Committee (EJCDC), for a wide range of construction projects, including apartment buildings, schools, churches, healthcare facilities, colleges, senior centers, commercial office buildings, athletic facilities, retail stores, manufacturing facilities and high-end residential homes. 

    Dispute Resolution

    The goal in every construction project is to ensure that all contingencies are addressed in the contract documents prior to executing construction-related agreements and commencing the work. Inevitably, however, challenges and unanticipated disputes often arise regarding changes in scope, additional work, defective design or construction, delays and disruptions, and payment. The best protection against such challenges and disputes is an agreement that clearly identifies the parties’ rights and obligations, and the consequences of breaching such obligations. Additionally, early identification of such challenges and disputes, combined with sound, legal assessment and strategic guidance, is critical to protecting a client’s business and financial interests, and ultimately ensuring the overall success of a construction project. Fred has extensive experience counseling clients during the development and construction of many different types of projects to avoid claims, and to properly document and follow contract provisions to preserve and protect claims in the event claims should arise.

    When claims arise on construction projects, Fred is an experienced advocate. He has mediated and litigated construction disputes involving bid disputes, changes in the work, additional work, unforeseen conditions, delay and disruption, termination, design and construction defects, contract non-payment, liquidated damages, insurance and surety issues. Fred has represented clients in cases involving a wide range of residential, commercial and industrial construction projects, including state and municipal facilities, commercial office buildings, apartment building complexes, continuing care retirement facilities, condominium complexes, athletic facilities, retail stores, conference and retreat centers, military facilities, restaurants, high rise office buildings, universities, and municipal buildings. 

    Fred is a longtime member of the commercial and construction panel of neutrals for the American Dispute Resolution Center, Inc. He has chaired several arbitrations, and also has served as a private mediator in various construction-based disputes. Fred also regularly represents clients in pro bono matters in the drafting and negotiation of design and construction contracts, and in the resolution of construction and landlord-tenant disputes.

    Fred is listed in The Best Lawyers in America© in the areas of Construction Law and Litigation- Construction for 2023, and he has been selected to the Connecticut Super Lawyers® list from 2017 to 2022. He is also a Fellow in the Construction Lawyers Society of America, an invitation-only construction lawyer honorary society with membership limited to 1,200 practicing Fellows from the United States and internationally. He has lectured on and authored articles on a variety of topics relating to construction, surety and engineering, and he contributes to the firm’s blog, Construction Law Zone.

  • Experience
    • Experience

      Experience

        Dispute Resolution

      • Representation of general contractor in prosecuting claims in excess of $2.5 million against The Commonwealth of Massachusetts and defending claims in excess of $8 million brought against contractor and its surety on a performance bond related to the construction of a new medical and intake facility at a state prison located in West Boylston, Massachusetts.

      • Representation of general contractor and its surety in defending actions brought by various subcontractors on the payment bond provided by the contractor to the Commonwealth of Massachusetts in connection with the construction of a new medical and intake facility at a state prison located in West Boylston, Massachusetts.

      • Representation of architectural millwork company in resolving disputes on various significant construction projects, including Hudson Yards, a 28-acre real estate development in the Hudson Yards area of Manhattan, and renovations to the Park Lane Hotel located in Central Park South.

      • Representation of construction manager in claims in excess of $1 million against Connecticut municipality for additional work in the design and construction of a new public works facility.

      • Representation of a general contractor in connection with claims totaling in excess of $1 million against the Commonwealth of Massachusetts for additional work, delays, disruptions and scheduling impacts arising from the construction of a new 1,500 person kitchen and dining hall complex at a state prison located in Shirley, Massachusetts.

      • Representation of a heavy equipment operator who suffered life-threatening injuries resulting from collapse of state highway bridge during demolition phase in the prosecution of claims in lawsuit seeking damages in excess of $5 million against several contractors and design professionals, resulting in a favorable settlement prior to jury selection.*

      • Obtained decision in favor of a general contractor against owner of multi-million dollar project involving construction of new commercial office buildings that owner breached the construction agreement and the implied covenant of good faith and fair dealing by failing to certify and/or pay the contractor’s requisitions, wrongfully terminating the construction agreement, and improperly taking assignment of subcontract agreements to complete portions of the work.*

      • Defended a general contractor against claims brought by its surety in excess of $1,000,000 after obtaining jury verdict that surety breached the implied covenant of good faith and fair dealing inherent in the general indemnity agreement as a result of payment in excess of $700,000 to subcontractor on claim on bond surety furnished in connection with the construction of a continuing care retirement facility, which became controlling law on surety bad faith in Connecticut after the Connecticut Supreme Court affirmed the trial court’s decision on appeal.*

      • Representation of a developer-general contractor against design and construction defect claims brought by a condominium association in excess of $3,000,000 arising from the construction of a condominium complex resulting in a favorable settlement after contributions from various design professionals and subcontractors who worked on the project.*

      • Obtained summary judgment in favor of general contractor on claims that owner brought against it, subcontractors, suppliers, design professionals and Connecticut municipality seeking damages in excess of $9,000,000 on project involving renovations and additions to retail store after issuance of an arbitration award in favor of general contractor on grounds that such claims were barred by the doctrine of res judicata, which the Connecticut Appellate Court affirmed on appeal.*

      • Representation of an architect against claims seeking damages in excess of $1 million that the owner brought against the general contractor and other design professionals alleging design defects and negligent construction administration on project involving additions and major renovations to a conference and retreat center resulting in a favorable settlement after contributions from general contractor and other design professionals.*

      • Defended an architect against claims seeking damages in excess of $750,000 that owner brought against it and builder for alleged design defects and negligent construction administration of high-end residential home in the Berkshires, resulting in a favorable settlement after contributions from the general contractor and its insurer.*

      • Obtained decision in favor of a general contractor against its subcontractor’s claims seeking damages in excess of $250,000 on project involving improvements to a state transportation facility that the general contractor did not breach the construction agreement, and that it was entitled to an offset in excess of $310,000 to complete the subcontractor’s work on the project.*

      • Defended a developer-general contractor against claims seeking damages in excess of $500,000 brought by a condominium association arising from the development, procurement and construction of condominium complex resulting in a favorable settlement after contributions from various subcontractors and design professionals.*

      • Obtained decision in favor of a general contractor against the State of Connecticut that general release that general contractor executed during the construction of a state transportation facility only barred those claims of the general contractor and its subcontractors that existed or that could have been brought prior to execution of release, resulting in favorable settlement of contractor claims in excess of $500,000.*

      • Representation of a general contractor before the Armed Services Board of Contract Appeals in claims against the federal government arising from construction projects at several Connecticut National Guard military facilities.*

      • Defended motion for summary judgment brought by general contractor’s surety against owner in Massachusetts Superior Court that owner did not waive its right to recovery for construction defects in settlement agreement executed prior to discovery of those defects.*

      • Obtained summary judgment on behalf of general contractor in Connecticut Superior Court on subcontractor’s claims that general contractor breached settlement agreement by not executing timely assignment to subcontractor and by not taking all steps reasonably necessary to preserve “pass-through” of subcontractor’s claims.*

      • Contract Procurement and Project Delivery

      • Representation of Area Cooperative Educational Services Corp. (ACES) in the drafting and negotiation of design and construction agreements for three significant school projects in Connecticut: (1) ACES at Chase, which has an estimated construction cost of approximately $70 million, involves ADA accessibility and code upgrades and infrastructure improvements to thirteen buildings totaling almost 150,000 square feet, on the site formerly occupied by the Chase Collegiate School in Waterbury, CT; (2) ACES at 88 Bassett Street, which has an estimated construction cost in excess of $60 million, involves ADA accessibility, code upgrades, infrastructure improvements, in addition to, significant building and site layout upgrades to accommodate special needs students; and, (3) ACES at 670 Wintergreen, which has an estimated construction cost in excess of $20 million, also involves ADA accessibility, code upgrades and renovations to buildings totaling 82,774 square feet.

         

      • Representation of Yale University in reviewing and negotiating modular building contract in connection with a temporary athletic training facility modular structure housing practice fields, locker rooms and meeting rooms during the renovation of the Lampham Field House located in New Haven, Connecticut.

      • Representation of Citi Community Capital in reviewing and counseling client regarding modular building contract for Sugar Pine Village, a 248 unit affordable housing project located in South Tahoe, California.

      • Representation of Webster Bank, N.A. in reviewing and counseling client regarding modular building contract for construction of Bethany Senior Apartments, a multi-story apartment building located in Brooklyn, New York.

      • Representation of Applegreen Electric U.S. in the drafting and negotiation of various design, design-build and construction agreements and templates for the installation of electric vehicle charging stations at various toll plazas located in Connecticut and Delaware.

      • Representation of Melissa & Doug LLC in the drafting and negotiation of design and construction, consulting services, master services and purchase order agreements having total value in excess of $11 million for architectural and engineering design and construction services, including interior alterations and installation of shelving, conveyor and sorting systems, for client’s East Coast warehouse and distribution facility in South Brunswick, New Jersey.

      • Representation of an engineering firm in drafting and negotiating to conclusion multiple design agreements with the joint venture designing and constructing the $800 million South Hartford Conveyance and Storage Tunnel project.*

      • Representation of a general contractor in drafting and negotiating to conclusion construction agreements for the conversion of former 53,000 bed nursing home facility into a state of the art drug rehabilitation facility.*

      • Representation of a general contractor in drafting and negotiating to conclusion construction agreements for the remediation of contaminated soils and the conversion of a former mill into a mixed income housing development.*

      • Representation of several municipal water pollution control authorities in drafting and negotiating to conclusion numerous design and construction agreements for various water treatment and wastewater treatment projects.*

      • Representation of an owner in drafting and negotiating to conclusion several design and construction agreements for the development, procurement and construction of a state of the art medical facility.*

      • Representation of a general contractor in drafting and negotiating to conclusion various design-build, construction and subcontract agreements for various construction projects involving the U.S. corporate headquarters of a toy manufacturer.*

      • Representation of several Connecticut municipalities in drafting and negotiating to conclusion numerous design and construction agreements for the development, procurement and construction of wide range of municipal capital improvements and local infrastructure projects.*

      • Representation of owners and contractors in drafting and negotiating to conclusion design and construction agreements for the development, procurement and construction of several high-end residential homes.*

      • Representation of developer in drafting, reviewing and negotiating to conclusion numerous leases involving a wide array of tenant improvement construction projects for commercial, industrial and retail buildings.*

      • Representation of a general contractor in drafting and negotiating to conclusion various construction-related agreements involving the development, financing and construction of various public housing projects.*

      • Representation of developer in drafting and negotiating to conclusion several design-build agreements for the development, procurement and construction of several automobile dealerships.*

         

        *Attorney Hedberg was counsel in these representative litigation and transactional matters prior to joining Robinson+Cole

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    • Professional Associations

      Professional Associations

      ACE Mentor Program of Connecticut
      Director, Board of Directors

      Connecticut Bar Association
      Construction Law Section, Executive Committee
      Construction Law Section, Legislative Liaison

      American Bar Association
      Section of Litigation, Construction Litigation Committee, Membership Subcommittee, Past Co-Chair
      Forum on Construction Industry
      Tort Trial and Insurance Practice Section

      Associated Builders and Contractors of Connecticut

      Connecticut Building Congress
      Industry Practices Committee
      Golf Committee, Past Co-Chair

      ADR Center, Inc.
      Panel of Arbitrators

      Construction Lawyers Society of America
      Fellow

      State of Vermont
      Professional Engineer-Civil and Structural (1992 - 2016)

      Hartford County Bar Association
      Foundation, Board of Directors
    • Honors + Awards

      Honors + Awards

      Outstanding Legal Service, Statewide Legal Services of Connecticut, October 2018.

      Selected to the Connecticut Super Lawyers list from 2017 to 2022.

      Selected by his peers for inclusion in The Best Lawyers in America© in the areas of Construction Law and Litigation - Construction for 2024 and 2023.

    • Community Involvement

      Community Involvement

      Special Olympics Connecticut
      Volunteer

      Hole in the Wall Gang Camp
      Volunteer

      Beach Farms Homeowners Association
      Director/Vice President
  • NEWS + PRESS
    • Publications

      Publications

      "Will the Connecticut Legislature Ignore the Construction Industry and Expand the False Claims Act?" co-authored with William A. Stoll, published in High Profile (4/4/2023)
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      "One Year Later: The Infrastructure Bill and Its Potential Effect on the Construction Industry," published in Construction Executive’s “CE This Week” newsletter (10/31/2022)
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      "The Engineer’s Role in Material Price Escalation on Construction Projects," published in PE, the flagship publication of the National Society of Professional Engineers (Winter 2022)
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      "Obligees Need to Understand and Fulfill Their Responsibilities Before Claiming on Performance Bonds," published in the Winter 2021 issue of the Surety Bond Quarterly (12/15/2021)
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      "Mitigating the Risks of Materials Price Escalation: Better Now Than Never," published in Construction Executive (9/9/2021)

      "Key Legal Considerations for Modular Construction Contracts," published in Construction Executive (4/15/2021)

      "A New Roadmap to a Familiar Journey: The ASCE Standard on Loss of Productivity," published in Under Construction, a newsletter publication of the American Bar Association Forum on Construction Law (Spring 2021)

      "COVID-izing Your Construction Contract," published in Construction Executive (12/8/2020)

      "Professional and General Liability Insurance for Engineers," Half-Moon Seminars. (August 2020)

      "Planning for Delay: Critical in More Ways than One," published in CONSTRUCT!, Volume 15, No. 1. (Fall 2005)

      "A Connecticut False Claims Act: An emotional reaction to the wrong problem!," published by Connecticut Building Congress. (February 2005)

      "Surety Bad Faith after PSE Consulting: An Implicit Bar to Indemnification," published in CONSTRUCT!, Volume 14, No. 1. (Fall 2004)

    • Presentations

      Presentations

      "Modular Construction: Understanding this Unique Process and Managing Risk in Drafting Contracts," at the Connecticut Bar Association’s Construction Law Section Meeting (5/11/2022)
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      "Modular Construction Contracts: Integrating Components and Deliveries, Delays, Lien Challenges, and Risk of Loss," hosted by Strafford (2/23/2022)
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      "Engineers, Ethics and the Law," presented to the American Society of Civil Engineers, Connecticut Society of Civil Engineers Section (10/20/2021)

      "Professional Accountability and Ethical Conduct," as part of the Women's Transportation Seminar CT Virtual Leadership Series. (9/24/2020)
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      "Connecticut Engineering Law," as a panelist, Half-Moon Seminars. How Engineers Can Manage Risk With Professional Liability and General Liability Insurance. (September 2020)

      "Girolametti: Res Judicata Implications Arising From Arbitration Decisions," as a panelist, Connecticut Bar Association, Construction Law Section, Middletown, CT. (October 2019)

      "Construction Law in Review," as a panelist, Connecticut Legal Conference, Hartford, CT. (June 2017)
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      "Risk Management in the AEC Industry," Hartford Business Group, Newington, CT. (October 2013)
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      "Engineering Malpractice: What Is It and How Do You Avoid It?" presented to the Connecticut Society of Professional Engineers, Hartford, CT. (March 2012)

      "Legal Issues and Risks Arising from BIM, Integrated Project Delivery and Green Building,"  presented to Hartford Business Group, Newington, CT. (October 2011)

      "Legal Issues for Connecticut Professional Engineers: Law of Engineering Malpractice," Half-Moon Seminars, LLC, North Haven, CT. (April 2006)

      "Connecticut’s Ethics Laws for Engineers and Contractors," presented to Connecticut Building Congress, New Haven, CT. (April 2004)

    • News

      R+C in the News

      • April 7, 2023

        Fred Hedberg and Will Stoll Author High Profile Article on False Claims Act

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      • April 6, 2023

        Robinson+Cole Named "Business of the Year" by the Chamber of Commerce of Eastern CT

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      • November 11, 2022

        Fred Hedberg Authors Construction Executive Article on the Infrastructure Bill’s Potential Effects on the Construction Industry

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      • March 30, 2022

        Fred Hedberg Authors Price Escalation Article Published in PE Magazine

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      • December 21, 2021

        Fred Hedberg Authors Surety Bond Quarterly Article on Claiming on Performance Bonds

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      • September 16, 2021

        Fred Hedberg Authors Construction Executive Article on Mitigating the Risks of Materials Price Escalation

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      • April 19, 2021

        Fred Hedberg Authors Construction Executive Article on “Key Legal Considerations for Modular Construction Contracts”

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      • March 23, 2021

        Fred Hedberg Authors ABA Forum on Construction Law Article on ASCE Standard on Loss of Productivity

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      • January 26, 2021

        Fred Hedberg Elected to the Hartford County Bar Foundation Board of Directors

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      • December 15, 2020

        Fred Hedberg Authors Article on “COVID-izing Your Construction Contract” Published in Construction Executive

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      • September 8, 2020

        Construction Law Group Members Appointed to Serve on CT Bar Assoc. Construction Law Section Executive Committee

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      R+C News Releases

      • August 17, 2023

        78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

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      • October 11, 2022

        Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

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      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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      • October 14, 2021

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

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      • August 31, 2020

        Robinson+Cole Expands Construction Practice

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