Construction law has been a foundation of the Firm. We have handled many of the highest profile construction cases in the region and we continue to represent owners, contractors, design professional and sureties in many of the most significant construction cases. Our complex litigation practice has involved many high stakes cases involving multiple parties, complex legal, factual, and technical issues, and many millions of dollars.
We understand, however, that every case in which a client is involved is the most significant case to the client, and we represent each client in every matter with the same attention to detail and tenaciousness that a client has a right to expect from a lawyer.
We regularly handle the prosecution and defense of matters involving issues such as:
Performance and payment bond claims
Loss of productivity claims
Change order disputes
Insurance coverage issues relating to construction claims and defenses
Warranty and workmanship issues
Design defect claims
While we often are called upon in bet-the-company litigation scenarios, we also act as the trusted business advisor to our construction industry clients with respect to their needs at all stages.
Our construction law practice includes the negotiation and drafting of construction contracts to meet the needs of each project, including defining the best project delivery system. We advise our clients on contract interpretation and administration, claim avoidance, the preparation of documents and issues related to land acquisition and land use. We help our clients navigate and negotiate key contractual provisions, such as indemnification, insurance, waivers of subrogation, waivers of consequential damages, no damages for delay, pay-if-paid, termination, arbitration, litigation and dispute resolution. From the outset, we assist in setting our clients up for success.
Despite the best safety programs, project injuries are unfortunate occurrences. We prosecute and defend project injury claims.
A construction defect is a failure of any building component, system or adjoining property. Construction defects arise from deficiencies in how something was manufactured, designed, built, operated, or maintained. We prosecute and defend construction defect claims and related issues.
Payment and Performance Bond Claims
We advise our clients on various bond forms and the interpretation and implications of these forms. We assist our clients in the claims process, and in prosecuting or defending bond claims. We are trusted business counsel in situations involving surety takeovers and project completion issues. We have been at the cutting edge of new law relating to the obligations of sureties to act in good faith. In PSE Consulting, Inc. v Frank Mercede & Son, Inc., 267 Conn. 279, 325, 838 A.2d 135 (2004), a matter of first impression, the Connecticut Supreme Court recognized the indemnitors claims of bad faith and breach of the obligation of good faith against the surety. In that case, Garcia & Milas represented the indemnitors and obtained a jury verdict preventing the surety from recovering under the general indemnity agreement for money it expended in bad faith to settle subcontractor claims.
Insurance Claims & Bad Faith
In addition to helping our clients secure the appropriate insurance for their businesses and projects, we help our clients maximize insurance coverage. If you have a loss that should be covered by your homeowner’s insurance or builder’s risk insurance – we can help. If you are sued, we can help you request and obtain a legal defense at your insurance company’s expense, through our office or other counsel. Sometimes your interests will conflict with the interests of your insurance company. In those scenarios, we can assist you as independent counsel, monitoring the work of insurance defense lawyers, ensuring protection of your interests, and insisting that coverage be provided to its fullest extent. If the insurance company ignores the terms of its policy and puts its own profitability first, we pursue bad faith claims against the insurance company.
We represent our construction industry clients with respect to the myriad of labor and employment issues which arise in the industry. We appear before the Commission on Human Rights and Opportunities (CHRO) and Equal Employment Opportunity Commission (EEOC), as well as state and federal courts. Matters on which we provide advice and representation include: exceptions to at-will employment, marijuana at work, Fair Labor Standards Act (FLSA), overtime rules, exempt vs. non-exempt employee status, Family Medical Leave Act rules and practices, Davis-Bacon prevailing wage issues, including fringe benefit issues, MBE and WBE matters. We counsel clients in compliance issues with respect to federal and state labor audits.