Gregory Faulkner is a partner with the firm who has served as local, national, and international counsel in all aspects of construction law. Serving as chair of the firm's Education Practice, he has an active higher education practice, representing the interests of colleges and universities and other institutions of learning with regard to their unique building and facilities program needs. Mr. Faulkner delivers a full-service approach to his practice, including selection of project delivery, contract drafting and negotiations, litigation in federal and state courts, and arbitration and mediation of all types of disputes. Mr. Faulkner has both prosecuted and defended claims with regard to breach of contract, foreclosure, indemnification, negligence, misrepresentation, bid protests and disputes, and numerous additional legal and equitable causes of action. Mr. Faulkner also represents the interests of creditors within and outside bankruptcy proceedings. Mr. Faulkner is a frequent writer and lecturer and has been named a Connecticut Super Lawyer® in the area of Construction Litigation since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.). Mr. Faulkner was also recognized in Super Lawyers®, Corporate Counsel Edition (May 2009). He is also listed in The Best Lawyers in America® in the area of Construction Law (Copyright 2010 by Woodward/White, Inc., Aiken, SC) Professional Associations - Higher Education Real Estate Lawyers - National Association of College and University Attorneys - Connecticut Building Congress, Past President - ADR Center, Inc., Panel of Arbitrators - American Arbitration Association, Commercial Panel of Neutrals - American Bar Association, Forum on Construction Industry Section - Connecticut Bar Association, Construction Law Section, Executive Committee - Professional Women in Construction Community Involvement - Rocky Hill Zoning Board of Appeals, Commissioner Honors and Awards - Listed in Connecticut Super Lawyers® in the area of Construction Litigation since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.) - Listed in The Best Lawyers in America® in the area of Construction Law for 2011 (Copyright 2010 by Woodward/White, Inc., Aiken, SC) Experience - Represented a construction manager and worked closely with the owner and its counsel in all facets of contracting and dispute resolution of the $125 million renovation of Palace Theatre and construction of the adjacent magnet school in Waterbury, Connecticut. * - Affirmation of United States District Court decision. The First Circuit held that insured did not suffer direct loss on fidelity bond policy where employee lacked "manifest intent" to cause employer to sustain loss. * - Obtained summary judgment on behalf of insurer on issue of whether insured suffered "direct loss" under terms of fidelity bond policy. Case contains detailed analysis of "indirect loss" exclusions in fidelity bond policies and completed gifts under Massachusetts law. * - After two-week trial, obtained jury verdict against three defendants on claims of fraud, conversion, and violations of M.G.L. 93A, including award of treble damages. * - Obtained decision confirming surety's right to arbitrate claims against owner through rights reserved in takeover agreement. * - Successfully obtained summary judgment on behalf of surety for failure of obligee on performance bond to properly declare default. * - Successfully defended application to discharge lien for materials supplied to buildings on condominium project. * - Representation of Unilever, a global company of foods, beverages, cleaning agents, and personal care products, in drafting and negotiating a construction management contract for a complex multimillion-dollar factory transformation project. - Representation of a well-known diversified technology, media, and financial services company in deconstruction and remediation of a manufacturing facility with environmental, historic, and wetlands challenges in Bridgeport, Connecticut. - Representation of a project engineer in dispute regarding design and construction of $500 million gas turbine power plant. After several days of arbitration hearings, reached favorable negotiated settlement. * - Represented owner and construction manager in a complex dispute with the mechanical and refrigeration contractor regarding claims made by the contractor for additional services and back charges from the construction manager and owner arising from failure to perform work and complete the project in a timely manner. The matter resolved after several days of arbitration hearings. - Represented project owner in the creation of an RFP form and contract for the remediation of hazardous materials from a large facility to be deconstructed. Drafting included extensive attention to health and safety issues. - Representation of a prestigious northeastern Ivy League university regarding its interests in drafting and negotiating hundreds of millions of dollars in design, construction, and consulting contracts on the university's most prominent projects. Served as special counsel in developing and maintaining a new family of construction and design contract documents, reflecting an integrated project delivery system. Document forms include various standard forms of construction and design agreements, such as general contractor agreements, construction management agreements, design and consulting contracts, bond forms, purchase orders, bid documents, RFP forms, bundling agreements, and design-build contracts. Representation also includes advice on policies governing owner-controlled insurance program, safety, project labor agreements, procurement deliverables, claims readiness, and dispute resolution. * Atty. Faulkner was counsel in these representative matters before joining Robinson and Cole. Publications & Presentations Articles - "Navigating the Waters of Contractor-Friendly Laws: What Lenders need to know to protect their own interests in privately funded construction projects," coauthored with Norman H. Roos (4/2005), published in The Abstract - "Unauthorized and Fraudulent Funding Scheme Was Not a Direct Loss Under a Commercial Crime Policy" (2003), published in American Bar Association Fidelity and Surety Law Committee Newsletter - "Design/Build Delivery Systems" (2002), published in For the Defense - "Harsh Consequences for Surety's Tardy Response to Connecticut Public Works Bond Claim" (2002), published in Construct! - "Managing Employee Theft and Fraud" (2001), published in Business and Legal Reports - "Balfour Beatty Construction v. National Surety Corporation" (1998), published in TIPS Fidelity and Surety Committee News - "The Construction Subcontractors Payment Protection Enhancement Act: Are Changes on the Horizon for Federal Public Works Projects?" (1998), published in DRI: The Critical Path-Construction Law Committee Newsletter - "Beware the Forms!!! The Dangers of Standard Form Agreements" (1996), published in CI Update Presentations - "Risk Transfer and Assignment Issues in Contracts: Indemnification and Liability Trends" (6/28/2011) presented at 2011 National Association of College and University Attorneys Annual Conference - "Managing Liability Issues in Green Buildings and Sustainable Construction," copresented with Martin A. Onorato (10/15/2010) at Higher Education Real Estate Lawyers - (10/2008) presented at Higher Education Real Estate Lawyers (HEREL) Conference, University of Texas - "Construction Law - Negotiating with Architects" (9/27 to 9/28/2007) presented at Higher Education Real Estate Lawyers (HEREL) Conference, Seattle, Washington - "Pros and Cons of Cost-Plus vs. Fixed-Price Contracts" (2007 to 2008) presented at Lorman Education Services - "Risky Business - Surety Bonds in Construction" (2007) presented at Professional Women in Construction, Connecticut Chapter - "Trouble Shooting a Troubled Project: Navigating Your Way Through Design and Construction Contracts" (6/25 to 6/28/2006) presented at National Association of College and University Attorneys (NACUA), 46th Annual Conference - "Dealing with Contractors That File for Bankruptcy" (9/22/2005) presented at HEREL Annual Conference - "Common Riders, Their Purpose, and the Case Law Interpreting Them" (6/22 to 6/24/2005) presented at Surety Claims Institute Annual Meeting - "Back to Basics Program on Contract Surety Claims Handling" (3/19/2004) presented at American Bar Association Fidelity and Surety Law Committee - "Connecticut Construction Law: Can This Job Be Saved?" (1999) presented at Lorman Education Services - "Connecticut Building Congress, Latest Developments in Construction Law" (1998) - "Connecticut Construction Law: What Do You Do When...?" (1998) presented at National Business Institute - "Mechanics' Liens in Connecticut, A Practical Guide" (1997) presented at Lorman Education Services - "Advantages and Pitfalls of Mediation, Arbitration, and Litigation" presented at Connecticut Billing Congress News 7.07.11, Construction Partner Presents on Indemnification and Liability in Contracts at National Conference 11.02.10, Construction Attorneys Speak on Green Buildings and Sustainable Construction 9.08.10, Robinson & Cole Receives Highest Construction Attorney Count in National Peer Review Survey 5.12.10, Robinson & Cole Attorney Participates on Panel during Construction Program 4.01.10, Robinson & Cole Attorney Appointed to Rocky Hill Planning and Zoning Commission 11.14.08, Robinson & Cole, a leading commercial law firm with more than 225 lawyers and eight offices in the Northeast and Florida, announced today that 9 partners and over 20 additional attorneys from Thelen LLP will be joining the firm. |