Construction and Real Estate Litigation: Representative Matters
Addressing Defective Design and Construction Claims in High-Profile Project
State of Connecticut, Office of Policy and Management
Representation of OPM concerning remedies to structural steel elements in the Connecticut Science Center's "magic carpet" roof and associated delay claims on the project.
Advise Builders in Residential Renovation Projects
Design-Build and Construction Firms
Representation of builders in disputes with homeowners focusing on reasonable business resolution to claims for unpaid contract balances.
Bonding and Settling of Liens
Residential Land Developer
Suit involved umerous subcontractor mechanic’s liens
Commercial Eviction
Retail Center Landlord
After defendant tenant supermarket failed to remit a portion of its rent, landlord client sought to evict the supermarket. After a four day trial in the Housing Session of the Hartford Superior Court, the parties reached an undisclosed settlement.
Defects in Construction of a Storage Facility Suit
Worldwide Preservation Services, Inc.
Representation included bringing action for defects in construction of a storage facility in Stamford, Connecticut for client claiming millions of dollars in damages.
Defended Complex Mortgage Foreclosure
Real Estate Limited Partnership
Defense of complex mortgage foreclosure, together with contract and tort counterclaims, involving major office complex
Defended Negligence Claim of Lead Paint in Auctioned Property
Dames & Moore, Inc.
Obtained summary judgment for an environmental consulting firm on a claim that it negligently misrepresented the amount of lead paint in a property sold at auction.
Defense Against Mechanics Liens and Termination of the Prime Contractor
Individual Homeowner
Representation in connection with the rebuilding of an estate purchased for $14,000,000 and now expanded to more than three times the original size.
Defense of Violations of State Fair Housing Law
Connecticut Housing Finance Authority
Successful defense of claim brought by the Connecticut Civil Liberties Union on behalf of a Hartford neighborhood group, challenging the Connecticut Housing Finance Authority's administration of a federal tax credit program.
Design and Construction Disputes on State Construction Projects
State of Connecticut, Secretary of the Office of Policy and Management
Represent the State of Connecticut acting through its Secretary of the Office of Policy and Management in various disputes involving issues related to design and construction matters all in relation to the Adriaen's Landing Project in Hartford
Design Defect Dispute Suit
Connecticut Municipality
Suit filed against architechtural firm
Dispute with Construction Project Architects
Connecticut-based Private School
Representation of a private school in Connecticut concerning a $24,000,000 construction project involving a dispute with the project's architects regarding several design issues. Disputed claims include damages regarding increased costs and delay damages.
Federal Fair Housing Act Claim Resulting From Use Of Eminent Domain
City of New Haven, Connecticut
Obtained final judgment for the City of New Haven and its Board of Education on all counts after a trial in U. S. District Court in Bridgeport, Connecticut on Section 1983 and Fair Housing Act claims.
Hartford 21 Development Project Construction Dispute
Connecticut Development Authority
Represent the Connecticut Development Authority in a lawsuit involving construction-related damages to the Hartford Civic Center against the general contractor and subcontractor of the Hartford 21 development project.
I-95 Construction Suits
Engineering and Architectural Consulting and Design Company
Representation of client involving substantial claims growing out of I-95 construction projects in Fairfield County, Connecticut.
Injunction Preventing Revocation of a Zoning Permit
Cobblestone Associates, LLC
Court agreed with client that the Commission lacked legal authority to revoke excavation permit.
Injunction Trial Regarding Shared Access Easement
Land-locked Property Owner
Client owned a landlocked parcel which was accessed via a 30-foot wide easement over defendant's property. After defendant erected a fence through the center of the easement, effectively limiting the easement's width to 15 feet, client sued, seeking an injunction requiring removal of the fence.
Mold Contamination During Construction and Renovations
A Board of Education in Fairfield County, Connecticut
Representation of a public school in Fairfield County, Connecticut in a dispute involving issues relating to mold contamination at an elementary school undergoing new construction and renovations. Firm successfully negotiated agreements with architects, general contractor and several contractors towards a resolution of claims regarding remediation to be achieved.
Outside Counsel to Construction Management Firm
CT Based Construction Management Firm
Advise Greenwich, Connecticut-based construction management firm on various issues ranging from fee disputes with owners to general corporate and employment matters.
Protecting Home Builder from Town's Improper Use of Eminent Domain
New England Estates
Member of trial team that represented the successful plaintiffs in
New England Estates v. Town of Branford,
in which a state court jury, on September 12, 2007, awarded $12.4 million in damages for the Town's bad faith use of eminent domain and violation of the Takings Clause of the Fifth Amendment to the U.S. Constitution. The case is now on appeal.
Purchase of approximately 400 acres of property in the Town of Preston, Connecticut
Represented the Town of Preston in its purchase of approximately 400 acres of real estate in Preston, Connecticut comprising the site of the former Norwich State Hospital. The Town intends to redevelop the property for productive use. Significant environmental issues are to be addressed during the redevelopment process.
Real Estate Development Litigation
Trammel Crow Residential
Handled first case decided under § 8-30g by Superior Court.
Real Estate Dispute
Prospective Purchaser
Obtained summary judgment, enabling prospective purchasers of property to recover downpayment, where sellers entered into easement agreement, with third party, after contracting to sell property.
Resolved $1,000,000 Liability Claims
State of Connecticut Lending Agency
Represented a state lending agency in successfully resolving, through mediation, over $1 million in construction change order and lender liability claims brought by the general contractor of a low income family housing project in New Haven.
Resolving Numerous Contractor's Liens
Owner/Developer of Multi-Million Dollar Shopping Plaza Construction Project
Represented the owner/developer of a multi-million dollar shopping plaza construction project in Danbury.
State Project Construction Disputes
State of Connecticut, Secretary of the Office of Policy and Management
Represented the State of Connecticut, acting through its Secretary of the Office of Policy and Management, in construction disputes regarding the development of the Rentschler Field Stadium in East Hartford, Connecticut.
Successful Appeal in Connecticut Supreme Court Relating to Supplemental Sewer Assessment
Town of Simsbury, Connecticut
Plaintiff challenged the town's imposition of the supplemental assessment, raised issues of statutory construction, and asserted constitutional claims.
Tax Assesment Appeals and Denial of Zoning Application
Town of Glastonbury
Representation in defense of client for two tax appeals filed by a land developer.
Trial Involving Sale and Leaseback of Major Office Building
International Publishing Company
Represented international publishing company, in Connecticut state court, in defense of landlord-tenant claims, involving sale/leaseback of major office building
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Representative Matters
Publications
Primary Contacts
Barry C. Hawkins
(203) 324-8104
R. Michael Meo, Jr.
(203) 324-8105
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Related Practices
Alternative Dispute Resolution
Business Litigation
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Real Estate
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