Construction & Surety

Michelson, Kane, Royster & Barger, P.C. has been a leading firm in construction law in Connecticut since 1963. The firm continues to practice all aspects of construction law, representing every type of participant across the construction spectrum: public and private owners, design professionals, general contractors, subcontractors, and material suppliers. Additionally, the firm regularly represents sureties and insurance carriers involved in the construction industry.

Bidding & Contract Formation
We routinely counsel public and private owners, as well as contractors and subcontractors, in public bidding issues. We have extensive experience in handling bid protests from both the public owner’s and the contractor’s perspective. We also advise our clients on an ongoing basis as to all matters of contract negotiation and, subsequently, contract interpretation.

Claims: Avoidance & Resolution
We work closely with our clients in all aspects of construction claims, such as properly documenting problems as they arise, formulation of claims, responding to claims, resolving claims — and most important, avoiding claims whenever possible. The firm’s attorneys are experienced with all manner of claims, including those arising from scheduling delays, differing site conditions, design deficiencies, labor productivity, and extra work issues.

Mechanic’s Liens & Payment Bond Claims
The firm’s attorneys routinely file, and litigate, mechanic’s liens and payment bond claims to secure our clients’ rights to payment. We also defend and resolve those claims when representing owners, sureties, and upper-tier contractors.

Design Errors & Omissions
The firm frequently represents owners, architects and engineers in connection with claims involving design deficiencies.

The firm regularly represents contract and fidelity sureties in both construction and non-construction matters. This representation includes contractor termination and performance bond claims, as well as indemnity claims.

Litigation & Arbitration
Our attorneys regularly appear in State and Federal Court in Connecticut and Massachusetts, as well as in private mediation and arbitration proceedings.

Licensing Issues
The firm is routinely involved in representing trade contractors in various matters before state licensing boards.

Trade & Educational Activities
The firm’s attorneys are active participants in most of the major construction industry trade organizations in Connecticut. We also regularly conduct professional seminars on matters of importance for the construction industry.

For more information about our Construction & Surety practice, please contact Steven Kaplan or Paul Fitzgerald.