Frederick Hedberg

Frederick E. Hedberg

(he/him/his)

Partner

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 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

      "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)
      • » more info

        • One Year Later: The Infrastructure Bill and Its Potential Effect on the Construction Industry

        "One Year Later: The Infrastructure Bill and Its Potential Effect on the Construction Industry," authored by Frederick E. Hedberg, published in Construction Executive’s “CE This Week” newsletter (10/31/2022)

        The article discusses the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) that became law on November 15, 2021, noting that following its implementation there have been executive orders and proposed legislation that “could have significant, adverse effects on the construction industry.” While state and local governments have adopted project labor agreements (PLAs) for construction projects in their jurisdictions, the use of PLAs on federal projects typically depends on the political party in the White House. The article examines how the Biden administration has used this legislation to fulfill campaign promises to the building and construction trade unions by prioritizing PLAs, Davis-Bacon wage requirements and Buy America coverage on federal and federally-funded construction projects costing $35 million or more to the federal government, despite a historic shortage of skilled workers, major supply chain disruptions, and unprecedented materials cost inflation. The article also considers the implementation of the administration’s policies in light of these problems, noting that they will likely, and needlessly, increase the cost of numerous construction projects to be funded under the IIJA, and stating that “while the actual number of PLA projects under the IIJA remains to be determined, the potential for a dramatic increase in the number of such projects is real.” Read the full article.


      "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)
      • » more info

        • The Engineer’s Role in Material Price Escalation on Construction Projects

        "The Engineer’s Role in Material Price Escalation on Construction Projects," authored by Frederick E. Hedberg, published in PE, the flagship publication of the National Society of Professional Engineers (Winter 2022)

        With the persistent spread and reoccurrence of COVID-19 and its variants, the construction industry continues to feel the effects of supply chain interruptions, acute labor shortages, and tariffs on raw material imports. Fred writes that these situations have resulted in delivery delays and increasingly-long lead times, which, combined with rising labor costs and price inflation “have led to significant increases and volatility in raw material prices over the past two years, which should be accounted for.”

        Fred outlines various considerations that could prove helpful to engineers in protecting owners from unforeseen price escalations while designing and executing a successful design-bid-build project. These fundamentals include: understanding the owner’s requirements; preparing detailed plans and specifications for contractors; and determining whether the project should be undertaken in phases. He also recommends preparing requests for proposals (RFPs) that address material cost escalation and define “the form and method of payment and include a well-drafted mutual or bilateral escalation clause.” He notes that “[e]ngineers can play a crucial role in the success of a project by accounting for and allocating the risks of material price volatility in today’s uncertain economic times.”

      • View article

      "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)
      • » more info

        • Obligees Need to Understand and Fulfill Their Responsibilities Before Claiming on Performance Bonds

        "Obligees Need to Understand and Fulfill Their Responsibilities Before Claiming on Performance Bonds," authored by Frederick E. Hedberg, published in the Winter 2021 issue of the Surety Bond Quarterly (12/15/2021)

        The article reviews a recent Massachusetts court decision that is consistent with other court decisions around the country that rein in unwarranted claims by project owners. It addresses in some detail and with cited examples the considerations that must be weighed in seeking performance by a surety for a construction project, which can have “draconian, unintended consequences,” noting that “a performance bond is like any other contract: each party must fulfill its duties and obligations to get the benefit of its bargain.” 

      • View article

      "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)
      • » more info

        • Modular Construction: Understanding this Unique Process and Managing Risk in Drafting Contracts

        "Modular Construction: Understanding this Unique Process and Managing Risk in Drafting Contracts," presented by Frederick E. Hedberg, at the Connecticut Bar Association’s Construction Law Section Meeting (5/11/2022)

        This CLE-credit program addressed the current status and market conditions that are driving the growth in modular construction, which has seen its U.S. market share more than double in the past five years to a $10B industry, and key markets and drivers for modular construction. It also addressed the benefits and challenges of this hybrid delivery process, including managing the risks and accounting for complex construction issues in drafting contracts for such projects. Fred Hedberg is a member of the Section’s Executive Committee and serves as the Section’s Legislative Liaison.


      "Modular Construction Contracts: Integrating Components and Deliveries, Delays, Lien Challenges, and Risk of Loss," hosted by Strafford (2/23/2022)
      • » more info

        • Modular Construction Contracts: Integrating Components and Deliveries, Delays, Lien Challenges, and Risk of Loss

        "Modular Construction Contracts: Integrating Components and Deliveries, Delays, Lien Challenges, and Risk of Loss," presented by Frederick E. Hedberg, hosted by Strafford (2/23/2022)

        With the increasing use of prefabrication and modular construction, especially in the hospitality and affordable housing markets, industry participants should be aware of the hidden risks and legal issues unique to modular construction and prefabrication that may adversely impact a project. The panel of experienced construction attorneys discussed the unique challenges and risks inherent in prefabrication and modular construction, and offered project management and contract drafting tips for managing those risks by defining whether the common law or UCC is applicable to the manufacture, transport, storage and installation of separately engineered components or modules, understanding local laws governing the different phases of a modular construction project, obtaining adequate insurance and bonding, preserving and protecting lien rights, and implementing best practices in quality control and record keeping during construction of these unique, and often complex, projects.


      "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)
      • » more info

        • Professional Accountability and Ethical Conduct

        "Professional Accountability and Ethical Conduct," presented by Frederick E. Hedberg, as part of the Women's Transportation Seminar CT Virtual Leadership Series. (9/24/2020)

        Construction Group member Fred Hedberg presented the program “Professional Accountability and Ethical Conduct” as part of the Women's Transportation Seminar CT Virtual Leadership Series on September 24, 2020. The presentation addressed various engineering standards that are applicable to ethics and examined different codes of ethics prescribed in Connecticut's state regulations and various architectural and engineering professional groups, such as the American Society of Civil Engineers, National Society of Professional Engineers and American Institute of Architects. Attendees learned how ethics are governed and enforced in the engineering industry, including whether certain engineering decisions constitute ethics violations or best practices. The session also covered laws, regulations and best practices governing professional accountability in the workplace.


      "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)
      • » more info

        • Construction Law in Review

        "Construction Law in Review," presented by Frederick E. Hedberg, as a panelist, Connecticut Legal Conference, Hartford, CT. (June 2017)

        An overview of significant new developments in construction law, including recent court decisions, statutory revisions and legislative initiatives.


      "Risk Management in the AEC Industry," Hartford Business Group, Newington, CT. (October 2013)
      • » more info

        • Risk Management in the AEC Industry

        "Risk Management in the AEC Industry," presented by Frederick E. Hedberg, Hartford Business Group, Newington, CT. (October 2013)

        An overview of ways owners, developers, contractors and design professionals can limit their exposure to claims for defective workmanship arising sometimes well after completion of a construction project in light of the Connecticut Supreme Court decisions in Lombardo Brothers, Inc. and Capstone Building Corp.


      "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

      • November 11, 2022

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

        • » more info

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

          Construction Group lawyer Frederick E. Hedberg authored the article, “One Year Later: The Infrastructure Bill and Its Potential Effect on the Construction Industry,” published in Construction Executive’s “CE This Week” newsletter on October 31, 2022. The article discusses the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) that became law on November 15, 2021, noting that following its implementation there have been executive orders and proposed legislation that “could have significant, adverse effects on the construction industry.” While state and local governments have adopted project labor agreements (PLAs) for construction projects in their jurisdictions, the use of PLAs on federal projects typically depends on the political party in the White House. The article examines how the Biden administration has used this legislation to fulfill campaign promises to the building and construction trade unions by prioritizing PLAs, Davis-Bacon wage requirements and Buy America coverage on federal and federally-funded construction projects costing $35 million or more to the federal government, despite a historic shortage of skilled workers, major supply chain disruptions, and unprecedented materials cost inflation. The article considers the implementation of the administration’s policies in light of these problems, noting that they will likely, and needlessly, increase the cost of numerous construction projects to be funded under the IIJA, and stating that “while the actual number of PLA projects under the IIJA remains to be determined, the potential for a dramatic increase in the number of such projects is real.” Read the full article.

      • March 30, 2022

        Fred Hedberg Authors Price Escalation Article Published in PE Magazine

        • » more info

          Fred Hedberg Authors Price Escalation Article Published in PE Magazine

          Construction Law Group lawyer Frederick E. Hedberg authored the article “The Engineer’s Role in Material Price Escalation on Construction Projects” published in the “Legal Beat” column of the Winter 2022 issue of PE magazine, the flagship publication of the National Society of Professional Engineers (NSPE).

          With the persistent spread and reoccurrence of COVID-19 and its variants, the construction industry continues to feel the effects of supply chain interruptions, acute labor shortages, and tariffs on raw material imports. Fred writes that these situations have resulted in delivery delays and increasingly-long lead times, which, combined with rising labor costs and price inflation “have led to significant increases and volatility in raw material prices over the past two years, which should be accounted for.”

          Fred outlines various considerations that could prove helpful to engineers in protecting owners from unforeseen price escalations while designing and executing a successful design-bid-build project. These fundamentals include: understanding the owner’s requirements; preparing detailed plans and specifications for contractors; and determining whether the project should be undertaken in phases. He also recommends preparing requests for proposals (RFPs) that address material cost escalation and define “the form and method of payment and include a well-drafted mutual or bilateral escalation clause.” He notes that “[e]ngineers can play a crucial role in the success of a project by accounting for and allocating the risks of material price volatility in today’s uncertain economic times.” Read the full article here.

        • View article
      • December 21, 2021

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

        • » more info

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

          Construction Law Group member, Fred Hedberg, authored the article “Obligees Need to Understand and Fulfill Their Responsibilities Before Claiming on Performance Bonds,” published in the Winter 2021 issue of the Surety Bond Quarterly. The article reviews a recent Massachusetts court decision that is consistent with other court decisions around the country that rein in unwarranted claims by project owners. Fred addresses in some detail and with cited examples the considerations that must be weighed in seeking performance by a surety for a construction project, which can have “draconian, unintended consequences,” noting that “a performance bond is like any other contract: each party must fulfill its duties and obligations to get the benefit of its bargain.” Read the full article here.

      • September 16, 2021

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

        • » more info

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

          Construction Group lawyer Frederick E. Hedberg authored the article “Mitigating the Risks of Materials Price Escalation: Better Now Than Never!” published in Construction Executive on September 9, 2021. Fred discusses how dramatic increases in the prices of raw building materials over the past year have jeopardized constructions projects that did not mitigate the risks of material price escalation. The article counsels construction stakeholders on the importance of considering different strategies to mitigate the risks of price escalations during all phases of a project. During the bidding phase, owners might want to require bids to be submitted pursuant to a universally accepted cost index. Conversely, contractors and downstream subcontractors and suppliers might want to define the time period during which their bids are valid and to include language in their bids to account for price increases that occur after a certain date. The article also discusses drafting and negotiating different types of contractual provisions, including threshold or delay and mutual or bilateral price escalation clauses, which fairly and equitably allocate the risks of volatile price fluctuations often driven by economic and political forces outside the control of the parties. Read the full article.

        • View article
      • April 19, 2021

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

        • » more info

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

          Construction Group lawyer Frederick E. Hedberg authored the article “Key Legal Considerations for Modular Construction Contracts” published in Construction Executive on April 15, 2021. As prefabricated and modular construction becomes increasingly popular, especially in the area of affordable housing as a result of the COVID-19 pandemic, the article examines key commercial and legal issues that owners, contractors and fabricators may want to consider when entering into construction agreements to build these projects, such as the governing law; whether the common law or the Uniform Commercial Code or both is applicable to these hybrid transactions; insurance and bonds; and, risk of loss. The article also analyzes the extent to which the first ever industry standard contract- ConsensusDocs 753, Standard Agreement between Constructor and Prefabricator- published last fall addresses these important legal issues in this emerging area of construction law. Read the full article.

        • View article
      • March 23, 2021

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

        • » more info

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

          Construction Law Group lawyer Frederick E. Hedberg authored the article “A New Roadmap to a Familiar Journey: The ASCE Standard on Loss of Productivity” published in the Spring 2021 edition of Under Construction, a newsletter publication of the American Bar Association’s Forum on Construction Law. After offering insight into some of the ways COVID-19 has changed the construction industry, Fred acknowledges that the pandemic has not changed the fact that claims for loss of productivity remain some of the most contentious, and most difficult, claims to quantify and prove. After reviewing different methodologies for quantifying and proving such claims, Fred discusses how the American Society of Civil Engineers (ASCE) seeks to develop consistency and provide guidance to the construction industry through its soon-to-be-published standard- “Identifying, Quantifying and Proving Loss of Productivity”. “While it is only advisory, the standard provides key principles on all aspects of loss of productivity claims that, at the very least, provide sound, practical guidance regarding such claims.” Read the full article.

        • View article
      • January 26, 2021

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

        • » more info

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

          Construction Law Group member Frederick E. Hedberg has been elected to the Hartford County Bar Foundation (HCBF) Board of Directors beginning January 1, 2021. Established in 1999, HCBF is the charitable arm of the Hartford County Bar Association doing good work on behalf of the lawyers of Hartford County. The Foundation is a non-profit corporation committed to helping improve economic and social conditions throughout Hartford County including donations to organizations dedicated to assisting the poor, disabled and homeless.

      • December 15, 2020

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

        • » more info

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

          Construction Law Group member Frederick E. Hedberg authored the article “COVID-izing Your Construction Contract” published in the December issue of Construction Executive and on the magazine’s website on December 8, 2020. With projects throughout the country adversely affected by unplanned work stoppages, delays, disruptions to the supply chain, price escalations and other unanticipated events as a result of the COVID-19 pandemic, the article encourages owners, developers, contractors and suppliers to reflect on their experiences over the past year and account for the COVID-19 pandemic when drafting and negotiating contracts for their projects. Read the full article.

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

          Construction Law Group lawyers Dennis C. Cavanaugh, Gregory R. Faulkner, Frederick E. Hedberg, and Martin A. Onorato have all been reappointed to serve on the Executive Committee of the Connecticut Bar Association’s (CBA) Construction Law Section for the 2020-2021 term. Specifically, Fred resumes his role as Legislative Liaison, serving as the primary contact between the Section and the CBA's Legislative Policy and Review Committee as it pertains to relevant legislation affecting the area of construction law, and Marty will continue to serve as Treasurer. The Construction Law Section aims to bring together CBA members practicing construction law to discuss current issues affecting that practice area, educate the membership on legal issues impacting these rapidly developing topics, and to foster productive relationships between the attorneys and members of the construction industry.

      R+C News Releases

      • October 11, 2022

        Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

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          Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

          A total of 39 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2022. In addition, 30 attorneys at the firm were recognized as “Rising Stars.”

          Jeffrey J. White was named to the Top 50: 2022 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2022 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2022 Women Pennsylvania Super Lawyers list. Read more in the press release.

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      • August 18, 2022

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

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

          74 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2023. Of the 74 lawyers from across the firm’s practice groups and offices named to the list, 54 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law insurance law and construction litigation. Only the top 5.3 percent of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

          Additionally, the following five lawyers were named the Best Lawyers® 2023 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Brian R. Smith in Land Use and Zoning Law, Christine E. Bromberg in Tax Law, James P. Ray in Litigation – Environmental, Joey Lee Miranda in Energy Regulatory Law, Norman H. Roos in Banking and Finance Law, Rachel V. Kushel in Employment Law – Management, Theodore J. Tucci in  Health Care Law and Virginia E. McGarrity – in Employee Benefits (ERISA) Law.

          The third edition of Best Lawyers: “Ones to Watch” was also released, includes 23 Robinson+Cole lawyers. The “Ones to Watch” recognition is given to attorneys early in their careers for their outstanding professional excellence in private practice in the United States. The firm has the highest number of lawyers to receive this designation in Hartford, Connecticut. Read more in the press release.

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      • October 14, 2021

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 42 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2021. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Bruce B. Barth and Jeffrey J. White were named to the Top 50: 2021 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2021 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2021 Women Pennsylvania Super Lawyers list. Read more in the press release.

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      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

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          47 Robinson+Cole Lawyers Recognized in Super Lawyers®

          A total of 47 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Delaware, Massachusetts, Pennsylvania and Rhode Island for 2020. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Also, Bruce B. Barth was named to the Top 50: 2020 Connecticut Super Lawyers list and Linda L. Morkan appears on the Top 25: 2020 Women Connecticut Super Lawyers list.

          The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

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      • August 31, 2020

        Robinson+Cole Expands Construction Practice

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          Robinson+Cole Expands Construction Practice

          Robinson+Cole is pleased to announce the addition of Frederick E. Hedberg as a partner in the firm’s Construction Law Group. Mr. Hedberg has more than 20 years of experience as an attorney handling complex construction and commercial matters. He also has more than 10 years of experience as a licensed civil and structural engineer which gives him an in-depth understanding of all phases of a construction project. Mr. Hedberg is resident in the firm’s Hartford office. Read more in the press release.

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