Fred has extensive experience in all aspects of construction law. He routinely represents owners, developers, contractors, subcontractors, suppliers, manufacturers, sureties and insurers in all types of public and private construction projects, including claims involving bid disputes, mechanic's liens, surety bonds, termination and delay issues, design and construction defects, professional design liability, products liability and insurance coverage.
Fred's training and experience includes more than 11 years actively practicing engineering in the public and private sectors in the fields of government contracting, energy and transportation. Fred, who is a licensed professional engineer in the fields of civil and structural engineering, draws upon his engineering expertise, along with his experience in construction and construction law, to effectively represent his clients. He advises his clients in all phases of construction projects from inception to completion, including drafting and negotiating contracts, giving them advice regarding proper documentation during the project to protect their interests, and to preserve, and/or to protect against, claims and requests for equitable adjustments, successfully negotiating and mediating disputes on their behalf, and when necessary, successfully representing them before state and federal courts and arbitration panels.
Fred is a subcommittee chair of the Construction Litigation Committee of the American Bar Association, a member of the Executive Committee of the Construction Law Section of the Connecticut Bar Association, and a director of the ACE Mentor Program of Connecticut. He is a frequent lecturer and writer on construction law-related topics and is an appointed arbitrator and mediator with the American Dispute Resolution Center.
Represented major developer in lawsuits involving defects in the construction of three apartment complexes. The claims related to defects in the construction of the building envelopes, site, and handicap accessibility issues. The lawsuits resulted in settlements or adjudication of the claims in favor of the developer in excess of $3M.
Obtained award in excess of $650K in favor of a general contractor based on trial court's ruling that an owner had breached the contract and the implied covenant of good faith and fair dealing by (1) failing to certify and/or pay requisitions, (2) wrongfully terminating the contract, and (3) improperly taking assignment of subcontractors.
Obtained verdict in favor of a general contractor, affirmed by the Connecticut Supreme Court, that its surety was not entitled to collect more than $700K paid to a subcontractor for a claim allegedly covered under the surety payment bond based on the jury finding that the surety breached the implied covenant of good faith and fair dealing.
Obtained arbitration ruling in favor of a general contractor that a release that it executed during the construction of a state transportation facility only barred those claims of the general contractor and its subcontractors that existed or that could have been brought prior to the execution of the release, which led to a settlement of $500K in favor of the general contractor.
Obtained court award in favor of general contractor against a subcontractor's claims in excess of $250K based on trial court's ruling that general contractor was entitled to offsets in excess of $310K to complete the subcontractor's work on a construction project.
Obtained settlement payments totaling approximately $400K on behalf of a general contractor against the federal government, recovering the entire amount of the claim, in addition to, interest, attorneys' fees and costs.
Obtained settlement payment in favor of homeowner against insurer in excess of $140K for structural damages to home, after insurer initially denied coverage of claim.
Represented multiple government contractors in federal and state bid challenges, claims for equitable adjustment and debarment proceedings.
Successfully defended developer against claims brought by condominium association in excess of $3M in connection with the construction of a condominium complex, resulting in the settlement of claims at less than 5% of the total amount of the claims after discrediting the association's claims in depositions and four-day mediation and obtaining contributions from design professionals and subcontractors.
The Time is Now for Federal Good Samaritan Legislation
American Bar Association, Section of Litigation, 12/01/2007
Planning for Delay: Critical, in More Ways than One
American Bar Association, Construct!, 09/01/2005
Surety Bad Faith after PSE Consulting: An Implicit Bar to Indemnification
American Bar Association, Construct!, 09/01/2004
American Bar Association (Construction Litigation Committee)
Connecticut Bar Association, Construction Law Section (Executive Committee)
Associated General Contractors of Connecticut
Connecticut Building Congress
Associated Builders and Contractors of Connecticut