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Dispute Resolution

Our Construction practice group has extensive experience navigating complex construction projects, which often involve sophisticated contracting issues, financing, and third-party guarantees. The risks can be high, and scheduling, coordinating, and responding to the impacts of many intersecting factors can be unpredictable. The District of Columbia Court of Appeals once likened construction projects to the movement of men on a battlefield (Blake Construction v. C.J. Coakley Co., 431 A2d 569, 1981).

Our clients rely on us for guidance and foresight in drafting agreements that anticipate and limit risk. When disputes arise, they count on our proficiency and unwavering support in litigation and alternative dispute resolution.

Our Services

Delay and productivity-related claims in particular can be complicated and time-consuming. We employ sophisticated scheduling techniques, which serve as a tracking tool to evaluate construction progress—and as a forensic tool to prepare and defend against such claims. Using industry-recognized standards, we are adept at calculating costs resulting from claims or delays, lost productivity, acceleration, disruption, and interference with work.

Our lawyers litigate and arbitrate many types of disputes, including:

  • Changes in scope
  • Construction and design defects
  • Delay and lost productivity claims
  • Differing site conditions
  • Insurance coverage
  • Surety bonds claims

Our Team

Our clients benefit from our lawyers’ far-reaching experience in construction and surety. We also have strong relationships with construction risk and litigation management professionals, who assist in preventing and resolving claims. The bottom line is that we understand and anticipate our clients’ needs, providing skilled and cost-effective legal services.

Our attorneys are well-versed in all aspects of construction, from developing and designing to bidding, scheduling, attending to change orders, and prosecuting and defending claims. We counsel clients throughout the project development, design, and construction processes—by recommending strategies to limit or transfer construction risks, and minimizing the risks of costly disputes and litigation.

Our clients also benefit from our experience in drafting and negotiating thoughtful and thorough agreements to reduce the risks and uncertainties of litigation. We are also proficient with litigating complex claims in state and federal court and before administrative tribunals, when disputes are unavoidable.

Our team also resolves construction disputes through alternate dispute resolution, including arbitration. Members of our team are trained arbitrators and mediators appointed by the American Arbitration Association and other dispute resolution organizations.

Our Construction practice group understands and anticipates your needs, providing legal services designed to prevent and resolve complex claims. We are adept at supporting clients in state and federal court, before administrative tribunals, and through alternative dispute resolution processes.

Experience


Building Collapse

Handled the litigation involving the collapse of a building in New Haven, Connecticut, that caused $2 million in property damage against the demolition contractor responsible for the collapse. Robinson+Cole settled the claim through mediation prior to our client having to incur extensive costs and prolonged litigation.

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Complex Refrigeration System Defect Claims

Representation of a construction manager in the defense of multimillion-dollar construction defect claims relating to the installation of a complex refrigeration system within a large grocery store, obtaining nuisance value settlement for client before trial and following discovery and disclosure of expert witnesses. This was a multiparty litigation before the complex litigation docket involving the owner, manufacturer, construction manager, designer, subcontractor, and various vendors.

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Oral Argument to Connecticut Supreme Court

Presentation of oral argument to the Connecticut Supreme Court on behalf of a bridge contractor concerning the scope of a statutory waiver of the state's sovereign immunity for disputed claims under contracts with the state for the design, construction, construction management, repair, or alteration of any highway, bridge, building or other public works of the state.

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Construction Law Zone


Massachusetts Construction Industry Continues To Wait While Prompt Payment Law Is Put To The Test

Earlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving forward – and perhaps backwards....

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CA Civil Code § 8850: What Private Multi-state Owners and Developers Building in California in 2026 Need to Know

Owners and developers building in California must be aware of a new statute, CA Civil Code § 8850, which takes effect for contracts entered into, on, and after January 1, 2026. The statute will likely apply to most private construction projects; however, a carve-out exists for residential projects that are not mixed use and are...

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Fixed Price, Fluid Quantities: The Hidden Risks in Lump Sum Agreements with Variable Units

Lump sum construction agreements are the most basic of the different design-bid-build options: the contractor agrees to complete the entire scope of work for a fixed price, and assumes most of the quantity and cost risks. If the contractor’s actual costs exceed its estimates, the contractor absorbs the loss. Adding a clause into the construction...

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Navigating the DOT’s Interim Final Rule on DBE Certification Standards – and Preparing for the (Bumpy) Road Ahead

Last week, as a result of the federal government shutdown, news outlets reported on a pause in processing project reimbursements for the massive bi-state Hudson Tunnel Gateway Program and New York City’s Second Avenue Subway line. Beyond the political finger-pointing and investigation into the pause’s impact (the billions of dollars already appropriated remain untouched) is...

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The Importance of Indemnification Clauses in Managing Post-Completion Project Risk

Claims against design professionals often pose unique challenges when such claims are dually rooted in both tort and contract theories, and therefore subject to competing time limitations. To reconcile these differences, Massachusetts courts have historically looked to the “gist” of a given claim, rather than the label, to assess the appropriate limitations. A determination that...

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The Long-Standing Waiver for Manufactured Products from FHWA’s Buy America Requirements is Phasing Out

Amidst the flurry of tariff threats swirling around the world, the Federal Highway Administration (FHWA) is terminating the waiver known as the Manufactured Products General Waiver from the Buy America requirements found in 23 U.S.C.A § 313. The Buy America regulation requires all federal-aid projects to use only steel, iron, and manufactured products that are...

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Under New York Law a Recourse Provision Bars Most Claims Except for Fraud

In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of action for tortious interference with contract, unjust enrichment, and statutory violations of a trade practices statute, but not for fraud....

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More Executive Orders Addressing the Size and Authority of the Federal Government

This post was co-authored by Government Enforcement + White Collar Defense Team lawyer David Carney, Capital Markets + Securities Group lawyer Tiange (Tim) Chen, and Antitrust + Regulation team co-chair Jennifer Driscoll. Executive Order Directing Deregulation and Termination of Certain Regulatory Enforcement Actions On February 19, 2025, in an executive order titled Ensuring Lawful Governance and...

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Requirements For Professional Engineers Practicing in Connecticut

Many out-of-state professional engineering companies practice engineering in Connecticut and may not be aware of all the requirements to do so. Connecticut has certain requirements for corporations and limited liability companies (LLCs) engaging in the practice of engineering. The applicable law, General Statutes §§ 20-306a and 20-306b, requires that (1) the personnel who act as...

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Executive Order Update on Construction Materials

This post was authored by International team lawyer Kathleen Porter. Executive Order Adjusting Imports of Aluminum into The United States On February 11, 2025, in an executive order titled Adjusting Imports of Aluminum into the United States, President Trump increased, from 10% to 25%, the ad valorem tariff rate on imports of aluminum and aluminum-derivative articles...

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