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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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Contractor Defenses

  • 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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  • Recent Decision Demonstrates the Importance of Complying with Contract Notice Provisions

    September 18, 2017

    A common provision in construction contracts requires a contractor to give notice to the owner within a certain number of days of an event giving [...]

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  • Design Professional Liability Raises Interesting Questions

    January 11, 2016

    Today, in many instances, the design/bid/build project delivery system has been modified through the use of construction managers (either at-risk or advisors) and owner’s representatives, [...]

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  • A Recent Supreme Court Decision Found an Owner of a Construction Company Personally Liable to the Owners of a Project

    October 11, 2015

    As most people are aware, one of the benefits of doing business as a corporation or limited liability company is that, generally speaking, the owners [...]

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  • An Explanation of The Home Improvement Act’s Licensed Contractor Exception

    May 3, 2014

    Chapter 400 of the Connecticut General Statutes is known as the Home Improvement Act. “The purpose of the Home Improvement Act is to ensure that [...]

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  • Construction Claims May Come From A Variety of Sources

    October 20, 2013

    Most construction claims arise out of the contractual relationship between the parties. Some arise out of claims of negligence. There are other situations where a [...]

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  • Contractors Have Statutory Rights That They May Assert During Payment Disputes

    September 7, 2013

    A recurring problem in the construction industry is the failure of owners to issue timely payments. The problem not only affects contractors but also the [...]

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