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Robert J. O'Brien

Partner

Robert J. O'Brien is chair of Shipman's Construction Practice Group, and focuses his practice in the areas of construction, surety and specialized commercial litigation. With more than four decades of construction law experience, he handles a broad range of construction-related matters on behalf of contractors, public and private owners, subcontractors, sureties, architects, engineers and condominium associations.  He has conducted numerous jury and bench trials and has extensive experience with arbitration and mediation as dispute resolution alternatives.

A member of the American Bar Association's Forum Committee of the Construction Industry, Bob serves on the American Arbitration Association's National Panel of Arbitrators and has frequently been selected as an arbitrator and mediator in construction disputes.  He served as Chair of the Connecticut Bar Association's Construction Law Section from 2007-2009 and is an active member of the Section's Executive Committee, the Connecticut Construction Industries Association and the Construction Institute. He is a frequent panelist and speaker at construction law programs.

Credentials

Education

  • Amherst College, B.A.
  • Case Western Reserve University School of Law, J.D.

Bar Admissions

  • Connecticut

Court Admissions

  • U.S. District Court, District of CT
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Second Circuit

Distinctions

  • Listed in The Best Lawyers in America®: Construction Law, Litigation - Construction (2015-2025)
  • Named "Lawyer of the Year": Best Lawyers® Hartford Region Construction Law (2016, 2018, 2021, 2023); Construction Litigation (2017, 2019, 2022, 2024)
  • Listed as a Connecticut Super Lawyer®: Construction Litigation (2007-2021); Construction/Surety (2007-2015)
  • Recipient of the Supplier/Service Provider of the Year Award, Associated General Contractors of Connecticut (2008)
  • The Oliver Ellsworth American Inn of Court: Bencher
  • Connecticut Bar Foundation: James W. Cooper Fellow

Professional Affiliations

  • American Arbitration Association's National Panel of Arbitrators: Current Member
  • American Bar Association: Forum Committee of the Construction Industry
  • Connecticut Bar Association: Executive Committee (1996-Present); Chair (2007-2009); Construction Law Section
  • Construction Institute: Past Program Committee Member
  • Associated Builders & Contractors of Connecticut: Legislative Committee, Board of Directors (1995-1998)

Community Involvement

  • Town of Avon: Planning and Zoning Commission
  • Avon High School: Building Committee

Experience

Environmental

OSHA Citation and Response

Assisted a national waste service provider in negotiating an OSHA citation and penalty regarding equipment safety and chemical storage.

Litigation

Successful Resolution of Claims

Represented the owner of a multi-million dollar beach-front estate in Connecticut in arbitration proceedings against the general contractor. The claims arose out of pervasive defects in the construction of a new mansion and deviations from the architectural design, resulting in extensive water intrusion, mold, and compromised structural elements. We successfully negotiated a resolution of the parties’ claims, providing our client with funds necessary to remediate the damage and create a safe and structurally sound residence

General

Brokered a Complex Settlement on Behalf of Municipality for Defective Design on Major Development Project Along Connecticut River

The Shipman construction team was called in to assist a local municipality, when, shortly after substantial completion of a municipal development along the Connecticut River, it became apparent that a portion of the developed site was sliding down the riverbank toward the river. We successfully brokered a settlement among our client and various design professionals responsible for the design of the project.

Represented Developer on Multiuse Development of Ground Leased Site

Represented the developers of a multiuse development on a ground leased site in New Haven, Connecticut. We were responsible for the drafting and negotiation of various complex project related agreements such as a consulting contract for preconstruction services, a construction manager at risk contract, early release package agreements, and the guaranteed maximum price amendment. The representation was complicated by the fact that the project involved multiple construction phases with separate schedules and guaranteed maximum prices. In addition, there were several investors in the project, a ground lessor, as well as an institutional lender, all of which had an interest in the terms and conditions of the project related documents.

Represented General Contractor on Multi-Million Dollar Public Project Destroyed by Fire

Represented the general contractor on a multi-million dollar public project destroyed by fire just prior to substantial completion and shortly after the limits of builders risk coverage (“BRI”) had been significantly reduced. Successful resolution of the matter required navigation through the interplay of the BRI coverage, various general liability insurance issues, surety bond concerns, contractual obligations, and complicated damages issues. Without the need to resort to litigation, an arrangement was negotiated among the owner, contractor and the insurers to enable the contractor to rebuild the project with insurance proceeds. Initially faced with potential financial ruin, the contractor successfully completed the project and it is fully open for public enjoyment.
Bob O'Brien bio photo

Hartford

860.251.5789

robrien@goodwin.com

Areas of Focus

  • Real Estate
  • Real Estate and Land Use Litigation
  • Alternative Dispute Resolution

Related Industries

  • Construction
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