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Attorney Scott S. Orenstein
Construction Law & Litigation

Attorney Scott S. Orenstein
Construction Law & Litigation
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203.640.8825
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203.640.8825
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Construction Manager

  • Do Not Use Texting for Important Business Messages and Be Careful with Email as Well

    March 8, 2025

    Before the internet and smartphones, a written letter was the primary method for delivering important business communications. The inherent formality associated with writing a business [...]

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  • A RECENT APPELLATE DECISION THAT PURPORTS TO EXPLAIN THE MEANING OF “CARDINAL CHANGE” ACTUALLY ONCE AGAIN DEMONSTRATES THE IMPORTANCE OF NEGOTIATING A FAIR CONTRACT

    February 16, 2021

    Change order provisions, which appear in most construction contracts and contemplate changes being made to the work, contradict a fundamental premise of contract law. Specifically, [...]

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  • When the Breach of a Construction Contract is not a Breach

    February 10, 2019

    The doctrine of substantial performance holds that a contractor’s breach of a construction contract does not entitle the owner to damages because the contractor’s performance [...]

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  • WHAT TO DO WHEN YOU ARE NOT BEING PAID

    February 25, 2018

    The most common issue I confront as a construction attorney is what to do when my client is not being paid. The standard approaches include [...]

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  • Contractual Time Limits for Providing Notice of Claim Must be Taken Seriously

    August 16, 2015

    The Connecticut Appellate Court recently issued a decision that should cause every contractor some concern.  In J. WM. Foley Inc. v. United Illuminating Co., 158 Conn. [...]

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  • Recent Supreme Court Case Teaches Important Lessons

    July 2, 2015

    It is no secret that public works construction is a difficult business. On any given project there are innumerable ways that things can go wrong. [...]

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  • A Contractor May Still Recover Monies Due For Work Performed Pursuant to an Unenforceable Contract

    July 30, 2014

    Despite what might appear to be the parties’ intentions, courts sometimes find contracts unenforceable. Courts may find contracts unenforceable for any number of reasons including, [...]

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  • After Nine Years, There is Still Ambiguity in The State’s Prequalification Program

    September 2, 2013

    On October 1, 2004, acting through its Department of Administrative Services (“DAS”), the State of Connecticut implemented a prequalification program for all contractors bidding on [...]

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  • Recent OCIP Decision Reminds Contractors About the Importance of Contract Language

    July 20, 2013

    In recent years, Owner Controlled Insurance Programs (“OCIP”) have become more prevalent in public and private construction projects.  An OCIP “is a class of ‘wrap-up’ [...]

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