Frederick E. Hedberg

Partner
Hartford,  CT  U.S.A.
Phone860-241-4098

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Experience & Credentials
 

Practice Areas

  • Construction
  • Litigation & Dispute Resolution
 
University University of Connecticut, B.S., Civil Engineering, 1988; Rensselaer Polytechnic Institute, M.S., Mechanical Engineering, 1991
 
Law SchoolQuinnipiac University School of Law, J.D., 1998
 
Admitted1998, Connecticut; 2007, Massachusetts; District of Connecticut; District of Massachusetts; Eastern District of New York; Southern District of New York; 2nd Circuit Court of Appeals; U.S. Court of Federal Claims; U.S. Court of Appeals for the Federal Circuit; Mashantucket Pequot Tribal Court
 
Memberships 

Associations

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

 
BornMeriden, Connecticut, September 20, 1966
 
Biography

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.

Publication

The Time is Now for Federal Good Samaritan Legislation
American Bar Association, Section of Litigation, 12/01/2007

Design professionals are required under their respective licensing board rules of professional conduct to protect public health, safety, and welfare. During times of emergency, such as those created by floods, earthquakes, or other natural disasters, the expertise and skills of design professionals are needed to provide immediate services to assist in protecting public health and safety and to aid in recovery efforts. Prudent design professionals, however, recognize that they expose themselves to potential liability when they volunteer their services during emergency situations.

This article was co-authored with Antonino M. Leone.Planning for Delay: Critical, inMore Ways than One
American Bar Association, Construct!, 09/01/2005

Delay is expensive. It swiftly diminishes productivity rates, profits, and project morale, while at the same time increasing labor, equipment, material, and subcontractor costs. Costs mount as the beleaguered owner or contractor prepares, submits, and, if necessary, litigates a delay claim. And while every owner and contractor expect that their projects will proceed on schedule, delay is an unfortunate reality in the construction industry.

This article was co-authored with Steven R. Kolodziej.Surety Bad Faith after PSE Consulting: An Implicit Bar to Indemnification
American Bar Association, Construct!, 09/01/2004

In the construction industry, parties to general agreements of indemnity (commonly known as GAIs) once thought these agreements gave sureties unlimited discretion and protection in settling bond claims. Parties should not think this way anymore. Earlier this year, the Connecticut Supreme Court ruled that a surety is only protected when it settles a claim in good faith, despite specific language commonly found in GAIs. This decision is sound, and is likely to be adopted in other jurisdictions. A surety's right to indemnification is not absolute, but instead, is subject to review by the trier of fact.

This article was co-authored with Nicole E. Liguori.

News & Events

Fred Hedberg Scheduled to present Risk Management Program to the Hartford Business Group in October

Fred Hedberg is scheduled to present a seminar on risk management in light of the recent Connecticut Supreme Court decisions in Lombardo Brothers, Inc. and Capstone Building Corp. to the Hartford Business Group in October of this year. This program will focus on ways owners, developers, contractors and design professionals can limit their exposure to claims for defective workmanship that arise, sometimes well after the construction project has been completed.Fred Hedberg Presents to Connecticut Society of Professional Engineers

Fred Hedberg recently presented Engineering Malpractice: What Is It and How Do You Avoid It, to the Connecticut Society of Professional Engineers (CSPE) in Hartford. CSPE has over 250 individual members from all engineering disciplines (civil, mechanical, electrical, etc.) and industries (construction, private practice, education and government). The society sponsors events to assist in the development of professional skills and offer career guidance in the field.Fred Hedberg presented seminar on legal Issues and risks arising from BIM, Integrated Project Delivery and Green Building to Hartford Business Group

Fred Hedberg presented a seminar on Legal Issues and Risks Arising From BIM, Integrated Project Delivery and Green Building, to the Hartford Business Group in October of 2011. This seminar addressed contract provisions dealing with risk allocation, indemnification, intellectual property and insurance issues for BIM and IPD project, and discussed recent litigation involving BIM and Green Building projects.Fred Hedberg presented seminar on Legal Issues for Connecticut Professional Engineers, for Half Moon, LLC.

 
Reported CasesRepresentative Matter: 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.
 
ISLN915071423
 
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Office Information

Frederick E. Hedberg

225 Asylum Street
HartfordCT 06103




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