Practice Areas & Industries: Halloran & Sage LLP

 





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Practice/Industry Group Overview

Halloran & Sage built its preeminent construction practice on a foundation of hard work and proven results. We emphasize value-added service focused on helping clients to achieve their business goals through risk identification and management and, when necessary, litigation.

We regularly counsel and assist contractors, subcontractors, suppliers, owners, developers, sureties, insurers, lending institutions and design professionals in all types of construction claims, disputes and transactions on federal, state and private construction projects, including claims involving bid disputes, debarment, mechanic’s liens, payment and performance bonds, termination and delay issues, scope-of-work disputes, unforeseen and differing site conditions, design and construction defects, and insurance coverage.

Our team includes two engineers who practiced in both the private and public sectors and a former vice president of a major construction company, who have over 35 years of combined experience in the construction industry. This first-hand knowledge allows us to effectively represent our clients because we have the unique and distinct advantage of not only knowing the law, but also the standards and customs of the construction industry.

Our first-hand experience allows us to effectively represent our clients from the inception of the project through completion. This includes drafting and negotiating construction, design and financial agreements, counseling our clients on risk management and risk avoidance, and effectively resolving’ claims and disputes through negotiation and mediation. However, if we are unable to resolve a dispute, we have a proven track record of aggressively and successfully prosecuting and defending claims in the state and federal courts at the trial and appellate levels and before arbitration panels.

Rep Matters

Represented a prominent developer on construction issues that arose on a $70M assisted living facility. Total claims asserted were in excess of $85M in value. Claims included changed conditions, contract interpretation, delay and impact claims. A favorable result was obtained for the client.

Represented a construction manager and indirectly the owner on construction issues that arose on a $125M project. The project encountered unforeseen conditions, delays and many design issues and involved over 30 subcontractor claims. All but two of the claims were resolved short of arbitration. The remaining claims were arbitrated and successful results were achieved on behalf of the client.

Represented a general contractor in arbitration concerning the construction of a retail store. Total claims were in excess of $4M. We successfully defended against the claims asserted by the opposing party and achieved a substantial award in favor of our client.

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.

Represented contractor in litigation concerning an 8 mile segment of a 345kVa underground utility service.

Negotiated and drafted design and construction agreements for a Regional School District Building Program in excess of $50M and counseled our client throughout the multi-year building program. No claims were ever asserted by any parties.

Negotiated and drafted design and construction agreement for a municipality for a new high school project in excess of $65M.

Negotiated and drafted design and construction agreements for a major health care facility affiliated with a prominent hospital.

Successfully represented a municipality against an engineering firm concerning defective design at a waste water treatment plant and achieved a significant settlement prior to trial.

Represented a regional school district in a multi-party litigation against the project’s design professionals and contractors. A successful mediation was concluded within 6 months of being engaged by the client.

Represented many design professionals in defending against claims of professional negligence, and prosecuting and defending against design errors and omissions.

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.

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 amount of the total claims after discrediting the association’s claims in depositions and during four-day mediation, and obtaining contribution from design professionals and subcontractors.

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 numerous prominent lending institutions in the financing of construction projects such as mixed use commercial developments, office buildings, affordable housing and retail complexes. 

Represented multiple government contractors in federal and state bid challenges, claims for equitable adjustment and debarment proceedings.

Represented a well-known private university in many matters concerning defective construction.

Represented Connecticut Department of Transportation in negotiations for and award of the public private partnership agreement for the redevelopment, operation and maintenance of service plaza facilities along I-395, I-95 and Route 15 in Connecticut.

Represented Connecticut Resources Recovery Authority for Procurement negotiations and award of Operation & Maintenance Agreement for the waste to energy facility in Hartford, CT.

Represented contractor in negotiations with Northeast Utilities for $20M agreement for 345kV underground cable transmission project.

Represented a general contractor and surety against delay claims and project specification and design issues on a $25M project at Bradley Airport