Joe Barra Recognized as a Massachusetts “Go To Lawyer” in Construction

Construction Group lawyer Joseph A. Barra was recognized as a “Massachusetts Go To Lawyer” in the area of Construction by Massachusetts Lawyers Weekly (MLW) and profiled in a special section published on May 22, 2023. The “Massachusetts Go To Lawyers” feature was debuted by MLW in 2020 to showcase leaders in the Massachusetts legal community by practice area. A “Go To Lawyer” is: an expert in his or her field; a senior attorney well-versed in case law, statutes and regulations; experienced, with a record of success in cases and/or transactions; a lawyer to whom other lawyers make referrals because of his or her expertise and accomplishments; and a lawyer who can think creatively and identify all options for a client. This year’s Go To Lawyers were nominated by their peers and chosen by a MLW panel. Read the special section.

Robinson+Cole Continues Growth in New York with Addition of Partners in Capital Markets + Securities, Construction, and Managed Care + Employee Benefit Litigation

Robinson+Cole announces the addition of Ze'-ev D. Eiger as a partner in the firm’s Capital Markets + Securities Team, Jessica L. Rothman as a partner in the firm’s Construction Group, and E. Evans Wohlforth, Jr. as a partner in the firm’s Managed Care + Employee Benefit Litigation Group.

“I’m thrilled to welcome Ze’-ev, Jessica, and Evans to the firm and to our expanding Capital Markets + Securities, Construction, and Managed Care + Employee Benefit Litigation groups,” said Rhonda J. Tobin, Robinson+Cole’s Managing Partner. “They are seasoned lawyers who are highly respected practitioners. Their experience broadens the depth and strength of our practices and the services we offer our clients. Their addition also furthers our strategic objective to grow in large commercial centers.”

In addition to welcoming Eiger, Rothman, and Wohlforth, Jr., Robinson+Cole recently named Capital Markets + Securities lawyer Anna Jinhua Wang as Partner in Charge of the firm’s New York City office. Read more in the press release.

Fred Hedberg and Will Stoll Author High Profile Article on False Claims Act

Construction Group lawyers Fred Hedberg and Will Stoll authored the article “Will the Connecticut Legislature Ignore the Construction Industry and Expand the False Claims Act?” published in High Profile magazine on April 4, 2023. The article focuses on House Bill No. 6826, An Act Concerning Liability for False and Fraudulent Claims, which seeks to expand the scope of Connecticut’s current False Claims Act by eliminating the limitation that it only applies to state-administered health and human services programs. After a public hearing held on March 6, 2023, the bill was voted out of committee by a wide margin, and then added to the House Calendar on March 28, 2023. Fred and Will discuss false claims laws in New England and examine Massachusetts recent uses of its False Claims Act, and warn that “[s]uch a law could unfairly penalize contractors, causing them to incur significant costs to defend claims that may be subjective (but not fraudulent), risk losing prequalification status, or face suspension or debarment, any of which could jeopardize their businesses.” Read the article.

Robinson+Cole Lawyers, Firm Receive “Top” Honors in JD Supra’s 2023 Readers’ Choice Awards

JD Supra’s 2023 Readers’ Choice Awards have recognized Data Privacy + Cybersecurity Team lawyers Linn F. Freedman and Kathryn M. Rattigan as well as Class Action Defense Team chair Wystan M. Ackerman and Construction Law Group lawyer William S. Wilson II as "Top Authors." They were selected for their excellence from among more than 70,000 professionals whose 2022 published insights and commentary were read by C-suite executives, in-house counsel, media, and others across many industries highlighted on the JD Supra platform and who are interested in the defining topics impacting business today.

Linn was announced as the #1 author in the area of Cybersecurity for the eighth consecutive year. She is the chair of the firm's Data Privacy + Cybersecurity Team and editor of the Data Privacy + Cybersecurity Insider blog. Kathryn was also named a Top Author in the area of Cybersecurity for a third time and is a regular author on the Data Privacy + Cybersecurity Insider blog. Additionally, Robinson+Cole was once again recognized as a Top Firm in the area of Cybersecurity.

Wystan is editor of the firm’s Class Actions Insider blog and was recognized as a Top Author in the area of class action. Bill is regular contributor to the firm's Construction Law Zone blog and received a "top" designation in the area of construction. 

The Readers’ Choice Awards acknowledge authors for “their visibility and thought leadership” as well as consistently high readership for all of 2022 in covering 31 key, cross-industry topics (10 authors per category) chosen for their timeliness as well as their proven, ongoing importance. Firms are highlighted “for their visibility and engagement” in the 31 topic areas covered by the awards (one firm per category). The Awards reflect a deep dive into JD Supra’s 2022 readership data.

Abby Warren and Sapna Jain Co-author Construction Executive Article on WARN Act Requirements and Conducting Layoffs with Respect

Labor and Employment Group lawyers Abby Warren and Sapna Jain co-authored the article, “WARNing for Companies—Complying With WARN Act Requirements During a Layoff,” published in Construction Executive’s “CE This Week” newsletter on February 21, 2023. The article points out that many large private for-profit and non-profit employers are subject to the federal WARN (Worker Adjustment and Retraining Notification) Act that generally covers employers with 100 or more employees. The law was enacted to protect employees by requiring companies to provide 60 days’ notice in advance of certain plant closings and mass layoffs. Abby and Sapna cover how to determine if the WARN Act applies to a company as well as the significant liability to companies that violate the Act.  The article also states that employers should  “be as transparent as possible and maintain respect throughout the layoff process” especially with regard to how employees learn about impending layoffs. Read the full article.

Joe Barra Quoted in Massachusetts Lawyers Weekly Article on Rare Decision in Construction Case

Construction Law Group member, Joseph A. Barra, was quoted in the article “In rare decision, judge dissolves lien in construction case,” published in the Massachusetts Lawyers Weekly on February 9, 2023. The article addresses the Trial Court’s determination that a contractor’s notice of contract was inaccurate and “filed so willfully and intentionally as to warrant the rare remedy of dissolving it.”

At issue was the Court’s finding that the lien met the standard for dismissal given that the proceeding was conducted pursuant to the Commonwealth’s Summary Disposition Statute (G.L.c. 254, §15A). Joe is of the view that under the Supreme Judicial Court’s 2004 decision in Golden v. General Builders Supply, the Trial Court might have exceeded its authority in a Summary Discharge proceeding. “As a general rule, summary discharge of a lien is proper when the lien is defective on its face,” noting that “(w)hile the [Summary Disposition] statute does provide other reasons for discharging a lien, none of them involve a factual finding of ‘willfulness.’ Joe added, “I don’t believe that the court is authorized to make such factual determinations in this abbreviated forum, especially in the context of a motion for a preliminary injunction.” Joe pointed out that an important takeaway from the decision is that contractors who over-state the value of liens do so at their peril and run the risk of losing the lien in its entirety. Read the article.

Megan Naughton Authors Construction Executive Article on Legal Immigration Options for Construction Companies

Immigration Group co-chair Megan R. Naughton authored the article, “Explore Legal Immigration Options for Construction Companies,” published in Construction Executive on August 9, 2022. The article reviewed numerous visa options for legal immigration and the requirements for each that could be beneficial to construction companies around the U.S. Read the article.

Fred Hedberg Authors Price Escalation Article Published in PE Magazine

Construction Law Group lawyer Frederick E. Hedberg authored the article “The Engineer’s Role in Material Price Escalation on Construction Projects” published in the “Legal Beat” column of the Winter 2022 issue of PE magazine, the flagship publication of the National Society of Professional Engineers (NSPE).

With the persistent spread and reoccurrence of COVID-19 and its variants, the construction industry continues to feel the effects of supply chain interruptions, acute labor shortages, and tariffs on raw material imports. Fred writes that these situations have resulted in delivery delays and increasingly-long lead times, which, combined with rising labor costs and price inflation “have led to significant increases and volatility in raw material prices over the past two years, which should be accounted for.”

Fred outlines various considerations that could prove helpful to engineers in protecting owners from unforeseen price escalations while designing and executing a successful design-bid-build project. These fundamentals include: understanding the owner’s requirements; preparing detailed plans and specifications for contractors; and determining whether the project should be undertaken in phases. He also recommends preparing requests for proposals (RFPs) that address material cost escalation and define “the form and method of payment and include a well-drafted mutual or bilateral escalation clause.” He notes that “[e]ngineers can play a crucial role in the success of a project by accounting for and allocating the risks of material price volatility in today’s uncertain economic times.” Read the full article here.

Lisa Andrzejewski Featured in NYREJ's "2022 Women in Construction Spotlight"

Construction Group lawyer Lisa B. Andrzejewski was selected for inclusion in the New York Real Estate Journal’s (NYREJ) “2022 Women In Construction Spotlight,” published on March 22, 2022. The Spotlight profiled more than 50 women professionals from across the construction industry. In the Q&A feature, Lisa offers advice to other women entering the construction industry and discusses who within R+C has helped her succeed in her area of practice. Read Lisa’s feature, click here.

Robinson+Cole Lawyers Recognized by Super Lawyers®

A total of 42 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2021. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

Bruce B. Barth and Jeffrey J. White were named to the Top 50: 2021 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2021 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2021 Women Pennsylvania Super Lawyers list. Read more in the press release.

Construction Law Group Members Appointed to Serve on CT Bar Assoc. Construction Law Section Executive Committee

Construction Law Group lawyers Dennis C. Cavanaugh, Gregory R. Faulkner, Frederick E. Hedberg, and Martin A. Onorato have all been reappointed to serve on the Executive Committee of the Connecticut Bar Association’s (CBA) Construction Law Section for the 2020-2021 term. Specifically, Fred resumes his role as Legislative Liaison, serving as the primary contact between the Section and the CBA's Legislative Policy and Review Committee as it pertains to relevant legislation affecting the area of construction law, and Marty will continue to serve as Treasurer. The Construction Law Section aims to bring together CBA members practicing construction law to discuss current issues affecting that practice area, educate the membership on legal issues impacting these rapidly developing topics, and to foster productive relationships between the attorneys and members of the construction industry.

Robinson+Cole Expands Construction Practice

Robinson+Cole is pleased to announce the addition of Frederick E. Hedberg as a partner in the firm’s Construction Law Group. Mr. Hedberg has more than 20 years of experience as an attorney handling complex construction and commercial matters. He also has more than 10 years of experience as a licensed civil and structural engineer which gives him an in-depth understanding of all phases of a construction project. Mr. Hedberg is resident in the firm’s Hartford office. Read more in the press release.

61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

61 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2021. Of the 61 lawyers from across the firm’s practice groups and offices named to the list, 46 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law.

Additionally, the following six lawyers were named the Best Lawyers® 2021 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Michael R. Enright in Litigation – Bankruptcy, Gregory R. Faulkner in Litigation – Construction, Virginia E. McGarrity in Employee Benefits (ERISA) Law, Joey Lee Miranda in Environmental Law, James P. Ray in Litigation – Environmental and Theodore J. Tucci in Health Care Law. Michael S. Giaimo was also named a Best Lawyers® 2021 “Lawyer of the Year” in Boston, Massachusetts, in the area of Land Use and Zoning Law.

The inaugural edition of Best Lawyers: Ones to Watch was also released, of which 17 total Robinson+Cole lawyers are listed in. The “Ones to Watch” recognition is given to attorneys who are earlier in their careers for their outstanding professional excellence in private practice in the United States. Read more in the press release.

Choity Khan Authors Article on Presumption for Workers’ Compensation Benefits in Connecticut Published in High Profile

Construction Group lawyer Choity R. Khan authored the article “Gov. Lamont Issues Executive Order Creating Rebuttable Presumption for Workers’ Compensation Benefits” published in High Profile magazine on August 14, 2020. Originally posted to the Robinson+Cole Construction Law Zone blog, the article examines Executive Order No. 7JJJ, signed by Connecticut Governor Ned Lamont on July 24, 2020, which “creates a rebuttable presumption that all employees who were required to work on site and tested positive for COVID-19 during the first three months of the pandemic contracted the disease while on the job, giving employees a presumptive claim to workers’ compensation coverage.” Read the full article.

Kathryn Rattigan Selected for Providence Business News’ 2020 “40 Under Forty” Program

Business Litigation Group and Data Privacy + Cybersecurity Team lawyer Kathryn M. Rattigan was chosen as a winner of Providence Business News’ 16th annual 40 Under Forty program. Ms. Rattigan was honored in a virtual ceremony held on July 16, 2020 and profiled in a special feature published in the July 17, 2020 edition of Providence Business News. The 40 Under Forty awardees were selected based on their career success and involvement within their communities. View Kathryn's profile. Read more in the press release.

Construction Executive Ranks Robinson+Cole Construction Group in The Top 50 Construction Law Firms

The Construction Group has been ranked #35 in the second annual The Top 50 Construction Law Firms™ list published by Construction Executive magazine on June 19, 2020. According to its website, Construction Executive (CE) is “the magazine for the business of construction.” The publication reaches more than 55,000 commercial, industrial and institutional contractors and construction-related business owners and has won more than 20 editorial awards. CE developed The Top 50 Construction Law Firms™ ranking by asking hundreds of U.S. construction law firms to complete a survey. Read more in the press release.

Joe Barra Authors Article on Pitfalls of the Massachusetts Prompt Pay Act

Construction Group lawyer Joseph A. Barra authored the article “Engineers Beware: The Massachusetts Prompt Pay Act Contains Hidden Pitfalls for the Uninformed,” published in the February 2019 issue of BSCES News, a monthly publication of the Boston Society of Civil Engineers Section/ASCE. The article covers the impact of the recent law “on the way that pay requisitions and change orders are managed on projects that fall within the Act’s orbit.” It examines the Act’s impact on current practice, including setting “specific time limits for the preparation, submission, review, approval and rejection of applications for payment among all project participants.” Further, the Act also holds all project participants to “specific timeframes and protocols for processing, reviewing, approving and rejecting proposed change orders.”