Robert Barrack

Robert Barrack

Robert dedicates his practice to construction and commercial litigation and appeals, including complex contractual and construction disputes, products liability, creditors’ rights, insurance coverage, real property disputes, and commercial foreclosures on behalf of businesses, public entities, educational institutions, and individuals. He regularly represents contractors, design professionals, owners, manufacturers, and sureties regarding a variety of claims involving defective design and construction, change orders and delays, mechanics’ liens, bid disputes, and surety bonds. Read his full bio here.

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Changes Loom for Public Works Projects and Payment Bond Claims in Pending Connecticut Legislation

A recently proposed bill to reduce the retainage amount for certain public work contracts to five percent and to allow a claimant to recover reasonable attorney’s fees and costs from a payment bond surety that fails to timely respond to a claim was unanimously approved by the General Assembly’s General Law Committee on March 11, … Continue Reading

Additional Insureds Beware: A Certificate of Insurance Does Not Guaranty Coverage

This is the first in a 2-part series on the use of certificates of insurance as evidence of liability coverage for contractors on construction projects. The second part of the series will discuss the potential impact of recent Connecticut legislation governing certificates of insurance. It is common practice on construction projects for owners, general contractors … Continue Reading

Federal Court Determines that General Contractor’s Unreasonable Exercise of its Broad Discretion over Scheduling and Sequencing of the Work Can Support Bad Faith Exception to “No Damages for Delay” Provisions in Subcontract; but Subcontractor Must Still Submit Delay Claims Within Strict Time Requirements of Subcontract

In a recent decision, Elec. Contractors, Inc. v. Fid. & Deposit Co. of Maryland, No. 3:13-CV-00514 MPS, 2015 WL 1444481 (D. Conn. Mar. 30, 2015), the United States District Court for the District of Connecticut dismissed on summary judgment a subcontractor’s claims for delay damages against the general contractor on a construction project (“Project”) for … Continue Reading

Connecticut Supreme Court Determines that Commercial General Liability Insurers Have Right to Obtain Declaratory Ruling as to Responsibility of Other Insurers to Pay Pro Rata Share of Insured’s Defense Costs

Many construction professionals in Connecticut, and in particular those who do business with the State, are well aware of the Connecticut Supreme Court’s decision in State v. Lombardo Bros. Mason Contractors, Inc., 307 Conn. 412, 420-21, 54 A.3d 1005 (2012). The Court in Lombardo Bros. held that statutes precluding a private party from pursing a … Continue Reading
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