Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the applicable law, while arbitrators make decisions
Construction Industry
Massachusetts Affordable Homes Act Provides New Opportunities for Owners, Developers, and Contractors
By Larry Grijalva on
Posted in Construction Industry
- A requirement that municipalities permit the construction of accessory
Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit
By Bill Wilson on
Posted in Construction Industry
The state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the Washington Bridge, which carries I-195 between East Providence and Providence. The bridge was abruptly closed in December 2023 following the…
New York’s Highest Court Weighs in on N.Y. Labor Law
By Bill Wilson on
N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction site and establishes a violation of a specific and applicable Industrial Code regulation, both the owner and contractor will be…
Lawsuit Gives Teeth to Massachusetts Pay Law
By Robinson+Cole's Construction Group on
Below is an excerpt of an article published in ENR (Engineering News-Record) on August 7, 2024.
“The Massachusetts Legislature passed the state’s Prompt Pay Act 14 years ago to improve the downstream flow of money on most large-scale private construction projects. While the act established detailed protocols for administering applications for payment and other important…
Attorneys’ Fees and the American Arbitration Association Rule
By Bill Wilson on
A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not recoverable. As a general rule (commonly known as the “American Rule”), each party to a…
Connecticut Reverses Course for Construction Managers on School Projects
By Anand Gupta on
Posted in Construction Industry
On June 6, 2024, Connecticut Governor Ned Lamont signed into law Public Act 24-151 (H.B. 5524) (Bill 5524). Bill 5524 authorized and adjusted bonds of the state and provisions related to state and municipal tax administration, as well as addressed school building projects. Notably, Bill 5524 removed the ban on construction managers self-performing work on…
Connecticut’s New False Claims Act Increases Risk to Public Construction Participants
By Fred Hedberg & Robinson+Cole's Construction Group on
Posted in Construction Industry, Legislation
Below is an excerpt of an article published in the Winter 2023 issue of CONNstruction magazine, the quarterly publication of the Connecticut Construction Industries Association.
After several decades, Governor Ned Lamont signed a bill into law, effective July 1, 2023, An Act Concerning Liability for False and Fraudulent Claims, Public Act No. 23-129, eliminating language that…
OSHA Moves to Clarify Construction PPE Standard
By Guest Contributor on
Posted in Construction Industry
This post was authored by Jon Schaefer, who is a member of Robinson+Cole’s Environmental, Energy + Telecommunications Group. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.
On July 20, 2023, the Occupational Safety and Health Administration (OSHA) published…
Will the Connecticut Legislature Ignore the Construction Industry and Expand the False Claims Act?
By Fred Hedberg & Robinson+Cole's Construction Group on
Posted in Construction Industry, Legislation
Below is an excerpt of an article published in High Profile on April 4, 2023
After a public hearing held on March 6, House Bill No. 6826, An Act Concerning Liability for False and Fraudulent Claims was voted out of committee by a wide margin, and then added to the House Calendar on March 28. This…