News and Updates
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CSA Continues to Lobby for Enforcement
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February 2022
In light of the Hartford Superior Court’s ruling last year in Electrical Contractors v. Lawrence Brunoli, Inc., No. 20-6129731, holding that the subcontract form for listed subcontractors in CGS section 4b-96 does not permit the inclusion of exculpatory “slaughter clauses,” the CSA has been lobbying the CT DAS and the Attorney General to enforce the Court’s ruling for the listed subcontracts on all applicable State projects. The CSA also intends to introduce legislation that would strengthen these provisions and also extend the mandatory form for all subcontracts (not just the four listed trades) on these projects that exceed $500,000.00.
In light of the Hartford Superior Court’s ruling last year in Electrical Contractors v. Lawrence Brunoli, Inc., No. 20-6129731, holding that the subcontract form for listed subcontractors in CGS section 4b-96 does not permit the inclusion of exculpatory “slaughter clauses,” the CSA has been lobbying the CT DAS and the Attorney General to enforce the Court’s ruling for the listed subcontracts on all applicable State projects. The CSA also intends to introduce legislation that would strengthen these provisions and also extend the mandatory form for all subcontracts (not just the four listed trades) on these projects that exceed $500,000.00.
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Trial Court Decision,
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June 2021
Trial court decision in Electrical Contractors, Inc. v. Lawrence Brunoli, Inc. and North American Specialty Insurance Company, No. X-07 HHD CV-20-6129731, Superior Court—Complex Litigation at Hartford
Michelson, Kane, Royster & Barger, P.C. (MKRB) has prevailed in the trial court in the above case. The ruling is that under CGS section 4b-96, the subcontract for listed trades (masonry, plumbing, electrical, and HVAC) cannot include the various slaughter clauses that general contractors add to contracts. This trial case addressed the same issue that CSA worked to fix in the most recent legislative session.
MKRB has sent this letter and the court decision to the Attorney General, the Department of Administrative Services (DAS) Commissioner, and other key players asking that DAS immediately implement policies to enforce this ruling and interpretation of the statute. MKRB is cautiously optimistic that the subcontractor industry will now make some headway on this issue.
CSA members who bid State of CT jobs or presently have such subcontracts as a listed sub can contact Paul Fitzgerald and Carolyn Young at MKRB for more information. The phone number is (860) 522-1243.
Click here to read the court decision.
Trial court decision in Electrical Contractors, Inc. v. Lawrence Brunoli, Inc. and North American Specialty Insurance Company, No. X-07 HHD CV-20-6129731, Superior Court—Complex Litigation at Hartford
Michelson, Kane, Royster & Barger, P.C. (MKRB) has prevailed in the trial court in the above case. The ruling is that under CGS section 4b-96, the subcontract for listed trades (masonry, plumbing, electrical, and HVAC) cannot include the various slaughter clauses that general contractors add to contracts. This trial case addressed the same issue that CSA worked to fix in the most recent legislative session.
MKRB has sent this letter and the court decision to the Attorney General, the Department of Administrative Services (DAS) Commissioner, and other key players asking that DAS immediately implement policies to enforce this ruling and interpretation of the statute. MKRB is cautiously optimistic that the subcontractor industry will now make some headway on this issue.
CSA members who bid State of CT jobs or presently have such subcontracts as a listed sub can contact Paul Fitzgerald and Carolyn Young at MKRB for more information. The phone number is (860) 522-1243.
Click here to read the court decision.
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CSA Seeks Legislation to Enforce
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March 2021
CSA is working on getting legislation passed to address the problem involving subcontractors on state-building projects. Proposed Bill No. 6202 asks the Legislature to enforce existing provisions in Conn. Gen. Stat. section 4b-96 that already requires the use of a fair and equitable subcontract form for "listed" subcontractors (masonry, electrical, plumbing, and HVAC) on specific state projects.
The bill also seeks to extend the use of this statutory subcontract form to other major subcontractors on these projects. The current statute only lists four subcontractor categories, including mechanical, masonry, HVAC, and electrical.
This legislation is essential to protect small and medium-size Connecticut subcontractors from unfair, predatory subcontracts that are forced on us them by general contractors on state-building projects.
Moving the legislation forward has been a challenge during COVID-19. However, with CSA lobbyist Andrew Markowski's help, CSA has introduced the bill and contacted numerous legislators to gain support.
While we have received favorable feedback from several legislators, it is difficult to advance these "narrow issue" bills out of committee. Nonetheless, our efforts will continue, and CSA will keep you up-to-date on new developments
Click here to read bill.
CSA is working on getting legislation passed to address the problem involving subcontractors on state-building projects. Proposed Bill No. 6202 asks the Legislature to enforce existing provisions in Conn. Gen. Stat. section 4b-96 that already requires the use of a fair and equitable subcontract form for "listed" subcontractors (masonry, electrical, plumbing, and HVAC) on specific state projects.
The bill also seeks to extend the use of this statutory subcontract form to other major subcontractors on these projects. The current statute only lists four subcontractor categories, including mechanical, masonry, HVAC, and electrical.
This legislation is essential to protect small and medium-size Connecticut subcontractors from unfair, predatory subcontracts that are forced on us them by general contractors on state-building projects.
Moving the legislation forward has been a challenge during COVID-19. However, with CSA lobbyist Andrew Markowski's help, CSA has introduced the bill and contacted numerous legislators to gain support.
While we have received favorable feedback from several legislators, it is difficult to advance these "narrow issue" bills out of committee. Nonetheless, our efforts will continue, and CSA will keep you up-to-date on new developments
Click here to read bill.
Congratulations to Steve Kaplan,
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September 2020
Michelson, Kane, Royster & Barger, P.C., recently announced that Steven B. Kaplan was name the 2020 “Lawyer of the Year” for Construction Law (Hartford) by Best Lawyers®.
Only one lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant.
This selection reflects the high level of respect a lawyer has earned among his peers in the community and practice areas for his ability, professionalism, and integrity. A description of the standard or methodology on which the accolade is based can be found HERE. Steve was chosen by his peers as “Lawyer of the Year” based on his work in construction litigation, and in arbitration and mediation as both an advocate and neutral.
Steve is one of only two Master Mediators on the AAA Construction Mediation Panel for Connecticut, and he has mediated approximately fifty construction cases. He is a longstanding member of the Construction and Commercial panels for the American Arbitration Association, and he has served on the panels in scores of arbitration cases.
He also is a founding member and past Chairman of the Connecticut Bar Association Construction Law Section. From 1987-2002, Steve taught Public Construction Contracts at the University of Connecticut School of Law. Since 2004, he has been an Adjunct Professor in the Graduate Program for Construction Management at Central Connecticut State University, teaching Construction Law and Construction Financial Management on an annual basis.
Steve is also a prolific writer on case law and current legal issues. From 1981 to 1982, he was Editor-in-Chief of the Connecticut Law Review. From 1995-2010, he co-edited the annual Connecticut Bar Association Construction Case Law Summary and Legislative Review. Steve also is long-time legal counsel for the Connecticut Subcontractors Association.
Michelson, Kane, Royster & Barger, P.C., recently announced that Steven B. Kaplan was name the 2020 “Lawyer of the Year” for Construction Law (Hartford) by Best Lawyers®.
Only one lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant.
This selection reflects the high level of respect a lawyer has earned among his peers in the community and practice areas for his ability, professionalism, and integrity. A description of the standard or methodology on which the accolade is based can be found HERE. Steve was chosen by his peers as “Lawyer of the Year” based on his work in construction litigation, and in arbitration and mediation as both an advocate and neutral.
Steve is one of only two Master Mediators on the AAA Construction Mediation Panel for Connecticut, and he has mediated approximately fifty construction cases. He is a longstanding member of the Construction and Commercial panels for the American Arbitration Association, and he has served on the panels in scores of arbitration cases.
He also is a founding member and past Chairman of the Connecticut Bar Association Construction Law Section. From 1987-2002, Steve taught Public Construction Contracts at the University of Connecticut School of Law. Since 2004, he has been an Adjunct Professor in the Graduate Program for Construction Management at Central Connecticut State University, teaching Construction Law and Construction Financial Management on an annual basis.
Steve is also a prolific writer on case law and current legal issues. From 1981 to 1982, he was Editor-in-Chief of the Connecticut Law Review. From 1995-2010, he co-edited the annual Connecticut Bar Association Construction Case Law Summary and Legislative Review. Steve also is long-time legal counsel for the Connecticut Subcontractors Association.
Gold Circle Winners Announced
August 2020
CSA is pleased to announce the general contractors that received the highest-rated scores from the 2020 General Contractor Report Card.
As a service to the state’s subcontractors, the Connecticut Subcontractors Association (CSA) conducted a General Contractor Report Card Survey earlier this year. Participants completed the surveys anonymously, and the data collected was collected in the aggregate.
CSA will honor the top-rated general contractors at the October 22nd Gold Circle Awards Dinner. This year CSA had a tie for both first and second place, so we have four winners to announce.
CSA is pleased to announce the general contractors that received the highest-rated scores from the 2020 General Contractor Report Card.
As a service to the state’s subcontractors, the Connecticut Subcontractors Association (CSA) conducted a General Contractor Report Card Survey earlier this year. Participants completed the surveys anonymously, and the data collected was collected in the aggregate.
CSA will honor the top-rated general contractors at the October 22nd Gold Circle Awards Dinner. This year CSA had a tie for both first and second place, so we have four winners to announce.
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First Place
Dimeo Construction Company Gilbane Building Company |
Second Place
O&G Construction Turner Construction |
General contractors received ratings on the following criteria:
- General oversight and control of the project;
- Coordination and management of the scheduling of the work;
- Management of the requisition and billing process;
- Timely payments to subcontractors;
- Administration and processing of change orders;
- Overall performance; and
- Contract closeout and final payment/retainage
