Peter Strniste

Peter Strniste

Peter dedicates his practice to construction and surety law; business litigation; contract drafting; and negotiation. He has represented clients, including construction managers, general contractors, and trade contractors, in both state and federal courts in a wide variety of litigation matters as well as in arbitrations and mediations. Peter has also handled business torts and equitable causes of action and has obtained for clients such remedies as injunctions, orders to quiet title, and judgments of foreclosure of mechanics’ liens and other security instruments. Peter regularly practices in Connecticut, Massachusetts and New York.  Read his full bio here.

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Who Will Bear the Risk and Cost for Coronavirus Construction Delays? A Contractual Analysis.

As the Coronavirus spreads across the globe, its impact continues to disrupt many industries, including construction.  Over the last twenty years, the construction industry in the United States has substantially increased its reliance on China as a supplier for all types of construction materials including electrical and lighting equipment, elevators and component parts, plumbing fittings … Continue Reading

California and Maryland Have Enacted Legislation Essentially Making The General Contractor the Guarantor for All Wages on the Project – Should Sureties Be Concerned?

It’s been said that as California goes, so goes the nation. If so, general contractors throughout the country may soon be taking on more responsibility for the unpaid wages of the workers on their construction projects than they might have expected. As of January 1, 2018, Assembly Bill 1701 makes general contractors liable for the … Continue Reading

Will Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay tuned.

For years, general contractors and trade contractors have faced very strict “no damages for delay” clauses on New York State construction projects. The tides are changing.  If signed into law, S. R. 06686, Reg. Sess. 2017-2018 (NY 2017) will require public entities to allow contractors, subcontractors and suppliers to recover for costs associated with project … Continue Reading

What is Builders’ Risk and Why Do We Need It?

In negotiating construction contracts, the parties may ignore or give little attention to the project’s insurance requirements.  Insurance provisions are oftentimes left untouched on the standard industry forms.  One typically misunderstood type of project insurance is builders’ risk, also sometimes referred to as an “all risk” policy, or BRI.  Builders’ risk insurance is a property … Continue Reading

Recipe for a Project Bankruptcy: Part 2
The Contractor in Bankruptcy Through the Lens of the Owner

My last article examined strategies for construction managers facing an owner bankruptcy. Now, looking through the lens of the owner, let’s examine best practices when it is the contractor who has filed for bankruptcy. Throughout New England and the United States the construction industry continues to thrive with several new projects underway and on the … Continue Reading

Recipe for a Project Bankruptcy: The Owner in Bankruptcy Through The Lens of the Construction Manager

Industry leaders agree that the economy has turned the corner and private construction projects are on the uptick.  Banks have eased lending requirements and there is more private equity money on the streets.  Inexperienced developers are entering the arena and experienced developers are less guarded and taking on more risk.  On the flip side, small … Continue Reading

Bill Proposed in Massachusetts to Establish “Public Construction Surety Bond State Guarantee Fund” Requiring Chapter 149A Sureties to Specially Register and Pay a $10,000 Annual Fee

Sureties writing public construction bonds under Chapter 149A in the Commonwealth of Massachusetts should pay close attention to Mass. Bill No. 3889, which seeks to create a Public Construction Surety Bond State Guarantee Fund.  The Fund would guarantee payment to claimants who have obtained judgment on their claims in a court of competent jurisdiction where … Continue Reading

Connecticut Legislators Consider Waiving Bonding Requirement On Public Projects For Those Who Are Inexperienced Or Otherwise Financially Unable To Obtain Bonds

There is legislation pending, Senate Bill 948, that would permit the Department of Administrative Services (the “DAS”) to waive the public bonding requirements for small, emerging and minority contractors. The Act would apply to projects less than $500,000 and would require participation by the contractor in a surety bond guarantee program – also created by … Continue Reading

RCA’s 25th Annual Conference Las Vegas – Subcontractor Defaults and Bankruptcy Issues

I will be presenting at RCA’s 25th Annual Conference that runs Friday, March 13 through Sunday, March 15 in Las Vegas. I’ll be kicking off the program on Saturday morning, presenting strategies for avoiding and addressing subcontractor defaults. We’ll review  best practices for selecting subcontractors, essential subcontract terms, and the proper procedure for defaulting and terminating … Continue Reading

Allocating The Risks Associated With Project Delays

This is article explores the complex nature of allocating the risks associated with project delays. It was originally published in Schimenti Construction Company’s newsletter and is reprinted with permission. Retail construction is no stranger to the inherent costs associated with project delays.  Retailers, like all owners, rely upon construction professionals to estimate the duration of … Continue Reading