Photo of Niel Franzese

Niel Franzese represents owners, contractors, subcontractors, sureties, and design professionals in all matters of construction contract drafting, negotiation, and construction-related litigation. He handles a variety of claims, including defective design and construction, change orders and delays, mechanics' liens, bid disputes, and surety bonds. View his full bio here.

Building upon the success of last year’s event, on May 31, 2018 Robinson+Cole’s Construction Group led the Second Construction Industry Roundtable Discussion at its Hartford office. With a variety of representatives from major Connecticut construction industry organizations and other industry stakeholders in attendance, the participants discussed issues affecting the construction industry in 2018 and beyond.

With 2018 being an election year in Connecticut, the discussion began with a question posed to all attendees about anticipated outcomes and impact of the gubernatorial election in November. All agreed that, while the result of the election remains difficult to predict, the next governor will inevitably be required to address continued challenges with the state’s economy as a whole and the burden of state government personnel costs specifically. Several expressed concern as to the State’s perceived unfavorable climate for doing business. As an industry particularly susceptible to influence by the current economic climate, it was agreed that good news for the economy and business growth would certainly be good news for the construction sector.
Continue Reading Summary of the Second Construction Industry Roundtable Discussion

Our readers may recall that Public Act No. 15-28 was signed by the Governor back in 2015, subjecting the State of Connecticut and its political subdivisions to a statute of limitations for asserting actions and claims arising out of “construction-related work.” The law became effective as of October 1, 2017. “Construction-related work” is defined in the Act to include the design, construction, construction management, planning, construction administration, surveying, supervision, inspection or observation of construction of improvements to real property. Notably, it applies not only to the State, but also its subdivisions such as cities, towns, and other entities like school districts.

The limitations period set forth in the Act is 10 years from the date of substantial completion of a given improvement. The 10 year limitations period applies going forward to improvements to real property substantially completed on or after October 1, 2017. For improvements substantially completed before October 1, the limitations period runs to October 1, 2027. Prior to the Act, the State and its political subdivisions were generally not subject to any statutes of limitations for such claims due to the legal doctrine of nullum tempus occurrit regi, which provides that a state is not subject to statutes of limitations unless it specifically consents to be. Literally translated, it means that “no time runs against the king.”
Continue Reading Tic Toc Tic Toc: The Clock Is Running on Construction and Design Claims by the State of Connecticut Beginning October 1, 2017

On August 30, 2017 Robinson+Cole’s Construction Practice Group held its annual Retreat at the newly completed Dunkin’ Donuts Park in Hartford. The Retreat featured an Industry Leaders Roundtable discussion session with representatives from many  of the major Connecticut construction industry organizations. The discussion was moderated by Construction Group Chair Greg Faulkner and led to a lively discussion on various issues affecting the construction industry. Here are some of the highlights:

The first topic of discussion focused on what attendees viewed as the most significant challenges facing design and construction service providers in the immediate future. All in attendance agreed that the shortage of young professionals and tradespeople embarking on careers in the construction and design industries was an issue of serious concern. It was pointed out that Connecticut is unique among many of our neighboring states in that it provides options to young people considering a career in the construction industry through trade schools, which feature an academic curriculum in addition to skills education, and the fact that public high schools are increasingly adding trade-skills-based education back into their regular curricula. This was viewed as good news by all. On a related note, those in attendance reported positively on the increased presence of women in the construction and design industries, particularly the trend of more women entering the industries as young professionals and advancing in seniority to managerial roles.
Continue Reading Robinson+Cole Hosts Industry Leaders Roundtable Discussion

When then-candidate Donald J. Trump first began making public statements about what would become his infrastructure plan back in August of 2016, observers were uncertain as to what exactly they could expect. Just before that time, candidate Hillary Clinton put forth a $275 billion infrastructure plan, which Trump proposed to “at least double.” Pressed for specifics, campaign staff promised that details would come later in the summer of 2016. By November, the $500 billion proposal had grown to $1 trillion and evolved into a bullet-point list of criticisms and goals on his campaign website. The prospect of infrastructure investment, a long-recognized need, was welcomed by those across the political spectrum, even if the details were still murky.

Faced with cynicism, even within his own party, especially as to cost, Trump clarified that he intended to fund his infrastructure plan through a combination of tax credits and “innovative financing programs” that would provide a “10-to-1 return on investment.” This financing program was also met with criticism, however, in that, because the thought was that such a program relies on a tax credit, only revenue-generating projects with collectible user fees, such as toll roads and bridges, would be capable of being funded in this manner. Further criticism was aimed at the specter of increasing privatization of once-public assets and the invitation for tax fraud perpetrated on an under-funded IRS that the financing scheme might bring with it. A more specific articulation of the plan authored by investor Wilbur Ross and controversial economist Peter Navarro drew further attention to its potential gaps in reasoning and practical shortcomings.


Continue Reading President Trump’s Inauguration Signals a Potential Increase in Infrastructure Projects

After a public comment period ending this past August, the Connecticut Codes and Standards Committee voted to accept the proposed 2016 State Building Code and 2016 State Fire Safety Code. The new code replaces the 2005 State Building Code, and its amendments, and will apply to all permit applications made on or after October 1, 2016. The 2016 Code incorporates several national model codes, along with Connecticut-specific amendments, including:

  • 2012 International Building Code
  • 2009 ICC/ANSI A117.1 Accessible and Usable Buildings and Facilities Code
  • 2012 International Existing Building Code
  • 2012 International Plumbing Code
  • 2012 International Mechanical Code
  • 2012 International Energy Conservation Code
  • 2014 NFPA 70 National Electric Code
  • 2012 International Residential Code

Connecticut’s amendments to the various model codes, as published by the Office of the State Building Inspector, can be found here.


Continue Reading Connecticut Finally Adopts New Building Code Effective October 1, 2016