Niel Franzese

Niel P. Franzese

Associate

Niel P. Franzese

Associate

  • Overview

    Biography

    Niel Franzese focuses his practice on the construction industry and represents clients in all areas of the industry, including owners, general contractors, subcontractors, sureties, and design professionals with respect to contract drafting and negotiation, and dispute resolution. He is a member of the firm’s Construction Group.

    Contract Procurement and Project Delivery

    Niel assists clients in the drafting and negotiation of design, construction and professional service contracts for both public and private projects. Niel routinely represents institutional owners and design and construction professionals of all sizes in a wide range of industries, including hospitality, education, healthcare, manufacturing, commercial, industrial, and retail.

    Dispute Resolution 

    Niel handles claims of all types which arise during a project, including allegations of defective design and construction, claims concerning the allocation of unforeseen costs, delay claims, mechanics' liens, bid disputes, and surety bond claims and claim management. He counsels clients in all avenues of dispute resolution, including resolving disputes through negotiation, mediation and arbitration, but is also called upon when needed to litigate in state or federal court. Niel has represented clients in successfully prosecuting and defending claims from inception through judgment in Connecticut and New York.

    Niel serves on the Board of Directors of the Construction Institute and contributes to the firm’s blog, Construction Law Zone. 

     

  • Experience
    • Experience

      Experience

        Contract Procurement and Project Delivery

      • Represent developer-owner clients in the hospitality industry in all aspects of construction project development nationwide, including drafting and negotiation of design, professional service, construction, and construction management agreements.

      • Represented New York City-based developer in negotiation and drafting of construction management and professional services agreements on a variety of multi-million dollar mixed use development projects.

      • Represented nonprofit medical research and charitable organizations in the negotiation and drafting of design and construction agreements for the construction of new facilities.

        • Contract Dispute Resolution

      • Frequently represent trade contractors in connection with asserting mechanic’s liens for nonpayment of monies due and negotiating favorable settlements of outstanding debts.

      • Successfully represented hotel construction project owner in negotiating favorable resolution of multiple mechanic’s lien claims arising from bankruptcy of major contractor for the project.

      • Represented municipal owner in drafting and negotiating dispute resolution agreement related to defective work on school facility improvement project to achieve equitable result for the owner and all contractors and subcontractors involved.

        • Litigation and Alternative Dispute Resolution

      • First-chaired three-day trial representing a plaintiff-subcontractor pursuing claims for nonpayment of contract balance and defending against a counterclaim for alleged completion costs and failure to perform. Obtained favorable six figure judgment after preparation of detailed proposed post-trial findings of fact and conclusions of law, including award of attorneys’ fees.

      • First-chaired trial representing a defendant-contractor against claims of defective workmanship, including extended cross-examination of expert witness on issues of building code interpretation.

      • Secured favorable resolution of all claims against a developer in disputes with repeat general contractor which spanned across several years and different projects.

    • Professional Associations

      Professional Associations

      Construction Institute
      Member, Board of Directors (2020)
      Editorial Team

      American Bar Association
      Forum on Construction Law

      Connecticut Bar Association

      Hartford County Bar Association
    • Honors + Awards

      Honors + Awards

      Selected as a Rising Star in the Connecticut Super Lawyers list for 2020.

  • NEWS + PRESS
    • Publications

      Publications

      "COVID’S Impact on the Designer’s Standard of Care," co-authored with Joseph A. Barra, published in PE, the flagship publication of the National Society of Professional Engineers (Winter 2021)

      "How to alter operations when remote work isn’t an option," published in ISHN (Industrial Safety & Hygiene News) (12/4/2020)
      • » more info

        • How to alter operations when remote work isn’t an option

        "How to alter operations when remote work isn’t an option," authored by Niel P. Franzese, published in ISHN (Industrial Safety & Hygiene News) (12/4/2020)

        The article focuses on how industries unable to engage in remote work are now considering adapting more long-term or permanent strategies as a result of the ongoing COVID-19 pandemic. “The realization that the length of the pandemic will be measured in months, or even years, rather than weeks, has prompted many to consider how these adaptations can be implemented in a more permanent way as a part of the ‘new normal,’ including in strategies fundamental to business operations such as the design, construction and operations planning of commercial facilities.” Niel goes on to examine increasing air circulation and redesigning spaces as examples of strategies.

      • View article

      "Impacts of the COVID Pandemic on Design and Construction: HVAC Upgrades," published in High Profile magazine (10/27/2020)
      • » more info

        • Impacts of the COVID Pandemic on Design and Construction: HVAC Upgrades

        "Impacts of the COVID Pandemic on Design and Construction: HVAC Upgrades," authored by Niel P. Franzese, published in High Profile magazine (10/27/2020)

        The article acknowledges the heightened focus of improvements to the design and construction of new and existing facilities, as a result of the COVID-19 pandemic, with one example being HVAC systems. The piece goes on to include the list of U.S. Centers for Disease Control and Prevention recommendations for creating safe and healthy work and business spaces.

      • View article

      "The Open Our Democracy Act: A Proposal For Effective Election Reform," published in Connecticut Law Review (2015)

    • Presentations

      Presentations

      "Updates in Construction Law: A Review of Key Construction Law Decisions in the Past Year," during the Connecticut Bar Association's Connecticut Legal Conference. (9/14/2020)
      • » more info

        • Updates in Construction Law: A Review of Key Construction Law Decisions in the Past Year

        "Updates in Construction Law: A Review of Key Construction Law Decisions in the Past Year," presented by Niel P. Franzese, during the Connecticut Bar Association's Connecticut Legal Conference. (9/14/2020)

        Construction Group member, Niel Franzese, co-presented the webinar, "Updates in Construction Law: A Review of Key Construction Law Decisions in the Past Year" on September 14, 2020, during the Connecticut Bar Association's Connecticut Legal Conference. This program reviewed some of the critical decisions in the construction law industry over the past year and their potential impact on the construction field.


      "COVID-19 and Returning to Work: Important Concerns for the AEC Community," co-presented with Matthew T. Miklave and Joseph A. Barra, which addressed critical areas the AEC Community should understand when deciding whether and how to return to the office and the project site. (5/18/2020)
      • » more info

        • COVID-19 and Returning to Work: Important Concerns for the AEC Community

        "COVID-19 and Returning to Work: Important Concerns for the AEC Community," co-presented by Matthew T. Miklave, Niel P. Franzese and Joseph A. Barra, which addressed critical areas the AEC Community should understand when deciding whether and how to return to the office and the project site. (5/18/2020)

        Construction Group members Joe Barra and Niel Franzese and Labor and Employment Group member Matt Miklave co-presented the webinar, "COVID-19 and Returning to Work: Important Concerns for the AEC Community" alongside Brian Morrill of GZA GeoEnvironmental on May 18, 2020. The panel discussion addressed four important areas that the AEC Community should understand when deciding whether and how to return to the office and the project site. The program was moderated by Joe, a former Board member of both CMAA and MSPE, and focused on the practical considerations of moving forward in a COVID-19 environment as they pertain to Labor and Employment, Industrial Hygiene, recent directives from the Mayor of Boston and the Governor of Massachusetts, and Risk Management.


      "COVID-19 and Returning to Work: Important Concerns for the AEC Community," which addressed important topics the AEC Community should understand when deciding whether and how to return to the office and the project site. (5/18/2020)
      • » more info

        • COVID-19 and Returning to Work: Important Concerns for the AEC Community

        "COVID-19 and Returning to Work: Important Concerns for the AEC Community," presented by Niel P. Franzese, which addressed important topics the AEC Community should understand when deciding whether and how to return to the office and the project site. (5/18/2020)

        Construction Group members Joe Barra and Niel Franzese and Labor and Employment Group member Matt Miklave co-presented the webinar, "COVID-19 and Returning to Work: Important Concerns for the AEC Community," alongside Brian Morrill of GZA GeoEnvironmental. This program addressed four important topics that the AEC Community should understand when deciding whether and how to return to the office and the project site. Moderated by Joe, former Board member of both the CMAA and the MSPE, the panelists discussed the practical considerations of moving forward in a COVID-19 environment as they pertain to Labor and Employment, Industrial Hygiene, Recent Directives from the Mayor of Boston and the Governor of Massachusetts, and Risk Management.


      "Getting Back to Work: Important Concerns for the AEC Community," co-presented with Matthew T. Miklave and Joseph A. Barra, which discussed practical labor and employment considerations for re-opening offices and project sites; industrial and corporate hygiene; and the potential implications of the City of Boston’s COVID-19 Safety Plan for Construction (5/5/2020)
      • » more info

        • Getting Back to Work: Important Concerns for the AEC Community

        "Getting Back to Work: Important Concerns for the AEC Community," co-presented by Matthew T. Miklave, Niel P. Franzese and Joseph A. Barra, which discussed practical labor and employment considerations for re-opening offices and project sites; industrial and corporate hygiene; and the potential implications of the City of Boston’s COVID-19 Safety Plan for Construction (5/5/2020)

        Construction Group member Joe Barra moderated the May 5, 2020 webinar panel discussion “Getting Back to Work: Important Concerns for the AEC Community,” which included fellow Construction Group member Niel Franzese and LEB+I Group member Matt Miklave, along with industry colleague Brian Morrill from GZA GeoEnvironmental. The panel discussed practical labor and employment considerations for re-opening offices and project sites; industrial and corporate hygiene; and the potential implications of the City of Boston’s COVID-19 Safety Plan for Construction.

        The program was sponsored by the Associated General Contractors of Massachusetts’s (AGC MA) as part of its “Building Endurance: Learning to Navigate the COVID-19 Crisis” webinar series. The series is designed to address the immediate challenges the pandemic represents to the workforce, clients and employees; broader resiliency issues during shutdowns; the critical plan in returning business to scale as quickly as is safely possible; and the resultant shift in the regulatory and competitive environment.


    • News

      R+C in the News

      • February 12, 2021

        Joe Barra and Niel Franzese Author NSPE Article on COVID’s Impact on the Designer’s Standard of Care

        • » more info

          Joe Barra and Niel Franzese Author NSPE Article on COVID’s Impact on the Designer’s Standard of Care

          Construction Law Group lawyers Joseph A. Barra and Niel P. Franzese authored the article “COVID’s Impact on the Designer’s Standard of Care” published in the “Legal Beat” column of the Winter 2021 issue of PE, the flagship publication of the National Society of Professional Engineers (NSPE). The article focuses on COVID-19’s impact to the common law as it affects the design professional’s standard of care. Joe and Niel offer a primer on the design professional’s standard of care and share insight on how it’s measured, how COVID-19 might change the standard of care, and how it may impact design professionals’ future engagements. Read the full article.

        • View article
      • December 8, 2020

        Niel Franzese Authors ISHN Article on Long-term Alteration of Business Operations Due to COVID-19

        • » more info

          Niel Franzese Authors ISHN Article on Long-term Alteration of Business Operations Due to COVID-19

          Construction Law Group member Niel P. Franzese authored the article “How to alter operations when remote work isn’t an option” published in ISHN (Industrial Safety & Hygiene News) on December 4, 2020. The article focuses on how industries unable to engage in remote work are now considering adapting more long-term or permanent strategies as a result of the ongoing COVID-19 pandemic. “The realization that the length of the pandemic will be measured in months, or even years, rather than weeks, has prompted many to consider how these adaptations can be implemented in a more permanent way as a part of the ‘new normal,’ including in strategies fundamental to business operations such as the design, construction and operations planning of commercial facilities.” Niel goes on to examine increasing air circulation and redesigning spaces as examples of strategies. Read the full article.     

        • View article
      • October 27, 2020

        Niel Franzese Authors Article on HVAC Upgrades Resulting from COVID-19 Pandemic

        • » more info

          Niel Franzese Authors Article on HVAC Upgrades Resulting from COVID-19 Pandemic

          Construction Law Group member Niel P. Franzese authored the article “Impacts of the COVID Pandemic on Design and Construction: HVAC Upgrades” published in High Profile magazine on October 27, 2020. The article acknowledges the heightened focus of improvements to the design and construction of new and existing facilities, as a result of the COVID-19 pandemic, with one example being HVAC systems. The piece goes on to include the list of U.S. Centers for Disease Control and Prevention recommendations for creating safe and healthy work and business spaces. Read the full article.

        • View article

      R+C News Releases

      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

        • » more info

          47 Robinson+Cole Lawyers Recognized in Super Lawyers®

          A total of 47 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Delaware, Massachusetts, Pennsylvania and Rhode Island for 2020. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Also, Bruce B. Barth was named to the Top 50: 2020 Connecticut Super Lawyers list and Linda L. Morkan appears on the Top 25: 2020 Women Connecticut Super Lawyers list.

          The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

        • View article
    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "Out With the Old, In With the New: An Overview of Construction/Surety Industry Trends in 2020 — What We Can Expect in 2021 and Beyond" co-authored with Lisa B. Andrzejewski, Dennis C. Cavanaugh and Choity R. Khan (12/17/2020)

      "Construction Law Zone" co-authored with Virginia K. Trunkes, Lisa B. Andrzejewski, Paul S. Lopez and Kenneth A. Sherman (June 2020)

      "Construction Law Zone" co-authored with Lisa B. Andrzejewski and Virginia K. Trunkes (April 2020)