Paul R. Fitzgerald


Partner
Tel: 860.522.1243
Fax: 860.548.0194
E-Mail: pfitzgerald@mkrb.com

Paul practices in the areas of Construction & Surety and Civil Litigation. He received his Bachelor of Arts from Boston College in 1997 and his Juris Doctor from the University of Connecticut School of Law in 2002. Paul is a contributing author on the topic of mechanic’s liens for the “Connecticut Bar Association Annual Construction Case Law Summary,” from 2002 to the present. He also has given many presentations to construction trade groups and professional organizations on the topics of mechanic’s liens, payment bonds, and general payment issues in the construction industry. Paul has argued before the Connecticut Appellate and Supreme Courts. He is admitted to practice before the state and federal courts of Connecticut and Massachusetts, and he is a member of the Connecticut Bar Association, as well as a member of the Executive Committee of the Construction Law Section of the CBA. Paul also serves as a legal advisor to the Connecticut Subcontractors Association. Paul has been included in both the Connecticut and New England Super Lawyers® Rising Star lists in the area of Construction Litigation (2010, 2014).

Representative Cases:

Represented a subcontractor in state court with a mechanic’s lien foreclosure claim against a property owner, mortgage provider, title insurance company, and numerous other subcontractors for approximately $400,000. Successfully defended the validity and priority of the subcontractor’s lien and negotiated a favorable settlement prior to trial.

Represented a surety in state court with a subrogation action against a general contractor for approximately $130,000. Awarded judgment for 100% of surety’s claim after a bench trial. Successfully briefed and argued the general contractor’s appeal before the Connecticut Supreme Court.

Represented a subcontractor in a multi-party action in federal court against a payment bond surety, project owner, general contractor, and second-tier subcontractor for nonpayment on a multi-million dollar parking garage project. Negotiated a favorable settlement in the approximate amount of $550,000 following extensive motion practice and argument.

Represented a general contractor in an arbitration against residential property owners.  Successfully defended defective work claims involving numerous expert witnesses.  Awarded judgment for more than $275,000, almost the entire amount claimed by contractor.

Represented a large Connecticut utility company in numerous actions brought in state court to collect unpaid fees for work performed by the contracting division of the company. Negotiated favorable settlements of all actions.

Represented a Connecticut municipality in various actions and appeals, including a successful action brought by the municipality to obtain a rent receivership and the successful defense of an action brought by a residential homeowner challenging the municipality’s denial of a request for zoning variance.

Represented residential homeowners in lawsuits brought in both state and federal courts by the owners against home improvement contractors for breach of contract, noncompliance with Connecticut’s Home Improvement Act and New Home Construction Act, and product liability claims.

Represented a corporate property owner in a mortgage foreclosure action in state court. Successfully opposed the mortgagor’s application for appointment of rent receiver and negotiated favorable foreclosure terms for owner.

Represented a bridge builder in a state court action brought by a municipality alleging breach of contract and negligence. Negotiated settlement resulting in satisfactory installation of bridge and payment to builder.

Represented a subcontractor in an appeal before the Massachusetts Department of Industrial Accidents.