By: Beth N. Mercier, Esq. Making a statutory payment bond claim pursuant to Connecticut General Statutes section 49-42 is an inexpensive and effective way to get paid on a public construction project in the State of Connecticut.  Unfortunately, many contractors fail to make their claims within the required time limits or in the proper manner.  First, determine whether the public works project has a payment Read More

By: Paul R. Fitzgerald, Esq. A common provision in a construction contract is the “pay-if-paid" clause.  The purpose of a pay-if-paid clause is to permit the general contractor to withhold payment from its subcontractor unless and until the general contractor’s application for payment is accepted and paid by the project owner.  From the general contractor’s perspective, this clause is not only reasonable, but Read More

By: Carolyn A. Young, Esq. In 2012, Connecticut passed the Palliative Use of Marijuana Act (PUMA)(Conn. Gen. Stat. §21a-408 et seq), which permits “qualifying patients” to use marijuana for the treatment of certain medical conditions. Connecticut’s medical marijuana law is part of a larger trend nationally to decriminalize and regulate the use of marijuana for both medical and recreational purposes, which in turn Read More

By: Paul R. Fitzgerald, Esq.   Mechanic’s liens force property owners to deal with subcontractor claims.  Liens create serious problems for owners: a lender will not advance funds on a construction project until the lender is satisfied that all subcontractors and suppliers have been paid, and liened property cannot be sold until all liens have been satisfied or discharged.  Since liens create so many Read More

By: Paul R. Fitzgerald, Esq. A mechanic’s lien is an extremely effective tool for getting paid on privately-owned construction projects. However, not everyone who provides services in connection with such projects is entitled to file a lien. Connecticut courts are routinely asked to decide whether certain types of services are lienable, including landscaping work, snow and debris removal, the provision of rental Read More

By: Paul R. Fitzgerald, Esq.   As regular readers of this newsletter know, a mechanic’s lien is a tremendously effective tool for getting paid on private construction projects.  Oftentimes, just the threat of a lien will facilitate prompt payment.  However, there may be times when it is not possible or advisable to file a lien.  For example, you may have missed the deadline to file.  Or perhaps there is Read More

By: Paul R. Fitzgerald, Esq. A mechanic’s lien is perhaps the most effective remedy available to subcontractors and suppliers who have not been paid for their work on private construction projects.  In fact, lien rights are so important that they have been established and enhanced by statutes in Connecticut for almost 200 years.  However, a Connecticut Superior Court decision recently interpreted Connecticut’s Read More

By: Paul R. Fitzgerald, Esq. Perhaps no issue in the construction industry incites more passion and controversy than retainage.  This article details Connecticut’s laws governing the withholding and release of retainage, as well as the remedies available to contractors and subcontractors who experience improper retainage practices. Retainage is money that has been earned by a contractor or subcontractor but is Read More