[This article originally appeared in the American Arbitration Association’s “Mediation Magazine,” October 16, 2025.] Anyone who has participated in a multi-party mediation recognizes that there are conflicting dynamics inherent to that process. And when there are multiple and distinct claims involved as well, the endeavor starts to resemble four-dimensional chess. To quote Sherlock Holmes: “The game is on.” But Read More
Connecticut’s Paid Sick Leave Act broadly expands coverage requirements for Employers. Make sure you are in compliance with the amended law!
EXPANDED COVERAGE UNDER THE CONNECTICUT PAID SICK LEAVE ACT The Connecticut Legislature has amended the Paid Sick Leave laws and expanded coverage to virtually all private employers with 25 or more employees in Connecticut. Exemptions include employers participating in multiemployer health plans maintained pursuant to one or more collective bargaining agreements with a union, and self-employed individuals. The new Read More
BUSINESS ENTITES HAVE UNTIL DECEMBER 31, 2024 TO COMPLY WITH REPORTING REQUIREMENT UNDER THE CORPORATE TRANSPARENCY ACT
by Carolyn A. Young, Esq. The deadline to comply with new reporting requirements under the Corporate Transparency Act (CTA) is quickly approaching. Under the CTA, most business entities are required to file a Beneficial Ownership Report with the U.S. Department of Treasury’s Financial Crimes Enforcement Network on or before December 31, 2024. What is the Corporate Transparency Act? The CTA is a new federal Read More
You Have 90 Days From Your Last Date Of Work To File A Mechanic’s Lien in Connecticut. What Does “Last Date of Work” Mean?
by Paul R. Fitzgerald, Esq. In order to be valid in Connecticut, a mechanic’s lien must be filed within 90 days of the lienor’s last date of work, or providing materials or equipment, for a construction project. Any lien that is filed after that time period is invalid and is subject to discharge by the court. It is therefore critically important for anyone who provides labor, materials, or services on Read More
Help, I Didn’t Meet the Project Set-Aside Goals! How Do Contractors Demonstrate Compliance With The CT Set-Aside Program If The Set-Aside Goals Aren’t Met?
by Carolyn A. Young, Esq. Contractors who bid on public constructions projects in Connecticut face numerous statutory requirements related to affirmative action and set-aside goals for small and minority owned businesses. If the set-aside goals are successfully met, then life goes on happily ever after. But how does a Contractor comply when it is unable to secure competitive bids from qualified small and minority Read More
Subcontractors Build the Projects and Shoulder Most of the Risk…. What’s Wrong with this Picture?
By Steven B. Kaplan, Esq. [This article first appeared in the Winter 2023 edition of CONSTRUCTION Magazine (Vol. 62, No. 4).] In our world where construction managers and general contractors rarely self- perform work, shifting the risk to the subcontractors for nearly all problems that arise on a construction project has become a fait accompli. This risk shifting is accomplished by the GC/CMs including in Read More
BASIC CONSIDERATIONS FOR DEALING WITH EMPLOYEE PERFORMANCE PROBLEMS
Every employer has had to deal with an employee who has performance issues, such as a bad attitude, poor attendance or problems getting along with co-workers. In this article, I discuss basic considerations that employers should follow when dealing with performance issues. I. ACTIVELY MANAGE WITH A POSITIVE APPROACH Experienced employers understand that performance problems do not improve, but rather deteriorate Read More
WHAT DECISIONMAKERS SHOULD KNOW ABOUT ARBITRATING CONSTRUCTION DISPUTES
by Steven B. Kaplan, Esq. In the prior article, I discussed the essential aspects of mediation which decisionmakers for construction participants—owners, contractors, subcontractors, and design professionals -- should consider when confronted with resolving disputes. Here, I continue that discussion in regard to arbitrating construction disputes. As previously noted, this discussion is not intended to serve as a Read More
WHAT DECISIONMAKERS SHOULD KNOW ABOUT MEDIATING AND ARBITRATING CONSTRUCTION DISPUTES
By: Steven B. Kaplan Mediation and arbitration of construction disputes have been prevalent as methods of dispute resolution for decades. This is the result of the general consensus among construction professionals that the courts usually are not well-suited for resolving construction disputes. Most construction contracts require mediation—a non-binding, consensual settlement process—as a “condition precedent” Read More
Connecticut’s Set Aside Program: What Can—and Cannot—Be Dictated by Construction Managers On Municipal Projects
By Paul R. Fitzgerald and Steven B. Kaplan By law, Connecticut state agencies, municipalities and quasi-public state agencies must require contractors to utilize small business enterprises (SBE) and minority-owned business enterprises (MBE) when bidding and performing public work. The law specifically requires that contractors on such projects must “set aside” at least 25% of all state-funded assistance to SBE Read More
