Overview
Pullman & Comley’s construction lawyers have extensive experience in matters involving the owner or the general contractor, a subcontractor or a surety, a designer or a construction manager or a supplier of materials or equipment. Because these attorneys are construction litigators, they bring to the task of contract negotiation, in-project counseling, and favorable resolution assistance a perspective that non-litigators may lack.
Among the many types of matters our construction lawyers litigate, arbitrate and/or mediate are multi-million dollar claims including:
- Contract termination matters
- Changed conditions disputes
- Issues relating to changes in the work and change orders
- Claims for delay and acceleration
- Indemnification claims
- Matters concerning materials, construction, installation, and/or design defects
- Matters concerning owner’s payments to contractors when time is of the essence for completion of an ongoing project
- Claims for increased fees, cost overruns, and additional services compensation
- Disputes involving construction management contract terms
- Nuisance and personal injury claims stemming from ongoing construction projects
- Disputes including alleged subcontractor theft
- Those relating to the bidding process primarily on public projects, including bid protest and bid mistake matters
- Performance and payment bond claims and matters concerning the assertion of mechanics lien rights
- Recording mechanic's liens and substituting lien bonds for liens
- Mechanic’s lien foreclosures and other litigation regarding payment
- Transition from owner-developers to HOAs
- Unforeseen subsurface conditions
- Claims involving release environmental contaminants resulting from project work and historic contamination cleanup
- New home warranty claims
Our construction lawyers also assist clients with contract negotiation and partner with lawyers from other practices of the firm to provide the full range of legal services our construction industry clients need, including labor relations, bankruptcy advice and representation, and insurance coverage claims prosecution.
Experience
For Municipal Owners
- Won a three-week trial for a Connecticut municipality in the Superior Court’s Complex Litigation section, defeating a trade contractor’s seven-figure delay claim on a high school addition and renovations project and defeated the trade contractor’s appeal to the Connecticut Supreme Court.
- Successfully resolved claims contractor asserted against a municipal owner-client on a road building project prior to completion and with timely completion in jeopardy. Resolution resulted in the project’s timely completion.
- Represented a town in roof defect claim for replacement school roof project where roof developed multiple leaks immediately following installation.
- Represented a town in a dispute with asbestos remediation contractor as to the scope of the work performed and the pricing allowed under its contact (settled) and in negotiations over construction management contract terms for multi-million dollar renovation of high school.
- Defended a town in a nuisance claim resulting from a construction project. The case involved environmental issues as a result of an unknown underground storage tank.
- Advised a town on site selection and construction of a new school, which was completed on-time, within budget and without a single construction claim resulting in litigation. This included work with the security team to develop new security systems which were implemented in the design and construction of the school, and formed the basis for standards adopted by the state.
- Defended a town against delay claims and unpaid change order and retainage claims brought against the town by the general contractor at the high school.
- Represented a town in cases involving: damage caused by blasting; timing of construction permits; and insurance claims for fire damage to elementary school.
- Represented a town in litigation resulting from an oil spill in the boiler room of the newly constructed school which resulted in a significant release to a trout stream. Successfully brought an action against the contractor and mechanical subcontractor to recover damages incurred to clean-up the stream and to install a re-designed mechanical system
For Private Owners
- Successfully defended a construction surety and owner in litigation involving the construction of one of the tallest buildings in Connecticut located in New Haven.
- Obtained a seven-figure award for a condominium association in a construction defect claim against the developer where the entire award was collected.
- Negotiated construction contract with large Boston-based contractor on behalf of private Connecticut university.
- Represented the owner of a commercial building in Stamford, CT in lawsuit and negotiations involving various vendors and subcontractors concerning the defects in construction which necessitated the removal and resurfacing of the building.
- Represented two different owners of a commercial building in in lawsuit and negotiations concerning the defects in the installation of replacement of a roof membrane system which necessitated the replacement of the roofing systems on both buildings.
- Represented private club in Norwalk, CT in connection with dispute with its architect and general contractor over delay and disputed change orders in connection with expansion project.
- Represented a hospital association in Greenwich, CT in disputes with its general contractor and architect over the construction of a parking facility and cancer care facility.
- Defense of property owner for pollution and water discharge claim that resulted in delays and adverse consequences to construction of new railroad extension.
For Contractors / Subcontractors
- Represented a variety of litigation matters, including construction defect claims in Connecticut and Rhode Island, HOA transition claims, coverage issues, and personal injury claims incurred during construction.
- Obtained a seven-figure award for a site contractor in a three-week arbitration trial over unforeseen subsurface conditions, overcoming the owner-developer’s assertion that the contract allocated the risk to the contractor.
- Successfully resolved multi-million-dollar defective work claims asserted by general contractor against marble tile subcontractor client on a hotel project at a casino.
- Represented general contractor of major downtown Stamford office project in defense of claims that its obligation to protect the work site encompassed indemnifying the owner from serious pedestrian injury.
- Represented large international solar developer/contractor in bonding off mechanic’s liens filed by subcontractors located and negotiated successful resolution of complex payment disputes with those subcontractors in JAMS mediation in Las Vegas, Nevada and indemnity claim against engineering firms for negligence causing storm water run-off on Connecticut solar project.
- Prosecution of defective installation claim on behalf of national luxury home builder against fire suppression system subcontractor and its insurance carrier.
Additional Matters
- Represented two large bank (lenders) in multi-million dollar construction dispute for major Fairfield multi-use project where contractor asserted lenders were liable for owner’s default.
- Handled numerous insurance coverage disputes with insurance carriers on behalf of owners and builders in construction matters involving past and on-going work.
