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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
QUESTIONS?
203.640.8825
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Contract Law

  • Why Contracts Are Risk Shifting Tools (and How to Negotiate Them)

    December 10, 2025

    During any construction contract negotiation, you will hear the same refrain: “We just want a fair contract.” But fairness in construction law isn’t about good [...]

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  • How Prior Litigation Affects Owners, Contractors and Subcontractors

    March 2, 2025

    There is a fundamental principle in law that states that once a matter has been decided, it cannot be litigated again. More specifically,”[t]he rule of [...]

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  • A RECENT SUPREME COURT DECISION DRAMATICALLY AFFECTS SUBCONTRACTORS’ RIGHTS

    April 21, 2023

    In Girolametti v. Michael Horton Assocs., Inc., the Supreme Court determined when a subcontractor’s rights will be affected by an arbitration in which the subcontractor [...]

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  • Most Construction Disputes Do Not Involve Unfair Trade Practices

    February 5, 2023

    Generally speaking, the legal profession is not currently held in high esteem. In my opinion, there are a couple of reasons for this situation. First, [...]

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  • Contractors: Don’t Inadvertently Give Up Your Lien Rights – How Subordination Agreements and Lien Waivers Affect Mechanic’s Liens

    October 11, 2022

    As most contractors know, if they are not paid for their work, they are entitled to file a mechanic’s lien against the property where the [...]

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  • A RECENT APPELLATE COURT DECISION PROVIDES SOME VALUABLE INSIGHT INTO MITIGATION OF DAMAGES, PAYMENT BOND CLAIMS, AND ALLEGED UNFAIR TRADE PRACTICES

    October 27, 2021

    The Appellate Court has issued an opinion that arises out of a very common situation on a construction project – the late delivery of materials.  [...]

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  • IN CASE YOU WERE WONDERING, MECHANIC’S LIENS AND PAYMENT BONDS REALLY DO PROTECT THOSE THAT SUPPLY LABOR, MATERIALS AND/OR SERVICES

    May 26, 2021

    In poker, you have to play the cards you are dealt, but, if you have a bad hand, you can fold. In litigation, if you [...]

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  • VERBAL AGREEMENTS ARE JUST AS GOOD AS WRITTEN CONTRACTS (ALMOST)

    March 28, 2021

    I have often heard many people say that they did not have a contract and/or change order when they actually meant that they did not [...]

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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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