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

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

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

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

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

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

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

Perhaps the most consequential provision in any construction contract is the so-called “pay-if-paid” clause. This provision transfers the risk of owner nonpayment from the general contractor, who traditionally bears the risk, to the subcontractor, who is less able to assess a project owner’s creditworthiness or exert pressure on a nonpaying owner. In most jurisdictions, pay-if-paid clauses are disfavored by courts Read More

By: Attorney Beth N. Mercier On January 13, 2022, in the case of Biden v. Missouri, et al, 595 U. S. ____ (2022) the United States Supreme Court blocked the Occupational Safety and Health Administration (“OSHA”) vaccine mandate for private companies with 100+ employees.   Relying on the Supreme Court’s decision, a federal district judge in Texas issued an injunction on January 22, 2022 temporarily blocking Read More