Carlton is a seasoned lawyer with entrepreneurial and business executive leadership experience. He has substantial experience in business and corporate transactions, including M&A, technology transfer, securities law compliance, financing, and international trade. He provides legal counseling to the firm's clients and protects their interests, including trade secrets and other intellectual property rights, as well as litigation management, including overseeing product liability, patent and trademark infringement, large scale, and complex lawsuits. He negotiates deals and writes all types of contracts, including buy/sell, partnership, strategic alliance, licensing, distribution and sales agreements. He also facilitates to resolve business problems and disputes, inclMore...More...
That's a great question. The answer depends on how important is furnishing the design sheet prior to the actual material to be supplied. If the construction contract lists the design sheet as a performance step and, even better, a corresponding price for furnishing this design sheet, then it should be considered first material supplied. On the other hand, if there is no reference to the design sheet or it seems to be incidental to the material supplied, then thSee More...See More...
I agree with Attorney Brown. A provision of this type is usually inserted as a precursor to the contractor posting a surety bond as a substitute for a valid and enforceable mechanic's lien. But it is impossible to tell how this provision is being used without reviewing the entire contract to read it in context. See More...
I agree with Attorney Brown though I don't recommend that you file a mechanic's lien just yet if you have time to file it within 90 days of your completed work, if only to try to amically resolve the dispute between you, the GC, and the property owner. Filing a lien does not foster goodwill. Actually, the location of any underground utility pipes and cables in the area of the proposed work site should have been clearly marked under the Call Before You Dig (CBSee More...See More...
Even filing a mechanic's lien is not a panacea as you still would need to file a lawsuit within one year if the lienee still refuses to pay. Best to commence a lawsuit now in Connecticut Superior Court for breach of contract, quantum meruit, and perhaps other counts based on the facts. This will force the property management company and/or owner to respond. Hopefully, after you sue, you will quickly get paid what is owed. See More...
On Connecticut public projects, the amount of retainage varies depending on the public entity that commissioned the work. In this case, it is probably the Connecticut Housing Finance Authority (CHFA) but you'll need to confirm this. On state projects, retainage is limited to no more than 7.5% of each progress payment. However, upon 50% completion, retainage must be reduced to no more than 5% of the remaining progress payments. On municipal goSee More...See More...