high-profile monthly: cbc 60th anniversary supplement

8
July, 2012 60th Anniversary Connecticut Building Congress Special Supplement www.high-profile.com Current CBC president, Martin Onorato, Robinson & Cole, addresses the group. By Ron Goodin As the costs of a college edu- cation continue to rise, the need for a good college education becomes even more evident. For more than 16 years the CBC has been do- ing our part to help offset some of its costs. Each year more than 100 golfers from the AEC industry chase birdies to raise money for the Rob- ert J. LeFloch memorial golf tour- nament. The proceeds from this tournament are given as scholar- ships to worthy aspiring architects, engineers, and other professionals involved in the construction industry. As part of our end-of-the-year gath- ering for the Project Team Awards, we celebrate these young minds. CBC Golf Tournament K icking off the celebration of Con- necticut Building Congress’s 60th Anniversary has been an unex- pected pleasure of my presidency this year. Until I paused to look back beyond my own involvement in the organization my focus was natu- rally on the people, industry and issues that I’m living with right now. As fast as things move today, pausing to look back is a luxury many of us don’t often in- dulge, which is why these milestones are so important. We have our own Diamond Jubilee to celebrate here at home, and like Queen Elizabeth (who ascended to the throne within months of CBC’s founding), we’ve discovered a lot about who we are by looking more care- fully at where we’ve been. CBC’s founders hailed from various sectors of the post-war construction indus- try. They saw that the construction indus- try was the backbone of the economy, and that it needed a unified organization that included all participants in the construction process. At each of CBC’s programs this year, we have enjoyed taking closer looks at CBC’s early years, and we discovered how much its early leaders shaped the in- dustry as we know it today. CBC’s found- ers built companies and buildings that are now icons in the region, and they have mentored generations of industry profes- sionals. And though the leaders of 60 years ago are gone, their legacies remain strong in companies, buildings and people – and of course, in the CBC. The construction industry has changed dramatically since 1952. More than ever, the success of a project and the success of the industry as a whole is built on a foundation of teamwork as represen- tatives from every facet of the built envi- ronment, including architects, engineers, owners, contractors, consultants, bank- ers, and suppliers collaborate on projects across our region. CBC continues to play a vital role in uniting the industry, study- ing needs, solving problems, supporting education, and promoting best practices. These were its core goals in 1952, and they continue to be core goals today. As I pass the leadership of CBC to the capable hands of incoming President, Ron Goodin, I am proud to be included among the stewards of the organization of the past 60 years. I’d encourage everyone to pause and look back at what it means for CBC have remained vibrant for so long. And please get involved. It’s rejuvenating. Martin Onorato By Stephen Connelly CBC’s monthly program meetings are forums for members and nonmem- bers to stay up-to-date on the latest trends, news, and best practices in the industry. CBC’s programs committee excels at highlighting timely program topics that are of interest to all industry players. The discussion panels are comprised of leading professionals from the ranks of architects, engineers, construction managers, devel- opers, and owners. When Connecticut re- organized its state public works agencies, CBC presented a program by the chief en- gineer and the deputy commissioner of the new department of construction services. CBC held a program on-site at the UConn Health Center to hear details of the upcom- ing building program that will transform the campus into a world-class bioscience facility. Whenever possible, CBC likes to host its programs on site at notable proj- ects, such as the Yale New Haven Smilow Cancer Center, the Henry C. Lee Institute of Forensic Science, and the Connecticut Science Center. CBC’s program committee is cur- rently assembling the calendar for the next year. If you are interested in attending or would like to offer a recommendation on a topic, please contact the CBC Programs Committee Chairman. CBC Programs Offer Monthly Networking and Education to the Building Community (l-r): Tom A. DiBlasi (president 1999-2000), John Hawley, and Clifton J. Cotter (president 1970-1971) present a check to the CBC scholarship fund in 2011. Middletown, CT - The Connecticut Building Congress released the second edition of its Connecticut Construction Guidelines at a program held recently at the Inn at Middletown. The guideline in- corporates the significant changes in tech- nology, speed, and delivery methods that the industry has seen in the decade since the publication of the first edition. The Connecticut Construction Guide- lines is an educational and reference tool for the industry. It contains especially important information for building owners seeking to better understand the process, reduce risk, and minimize unnecessary costs. CBC used the occasion to honor its longtime member, IPC chairman, and past- president, Chris-Philip Onofrio, of Langan Engineering, who has been a member and strong supporter of CBC for more than 20 years. Many past presidents were in atten- dance to congratulate him, support the new Connecticut Construction Guidelines, and celebrate the 60th anniversary year of CBC. CBC is Connecticut’s leading con- struction industry networking organization. Since 1952, its members have included prominent owners, engineers, architects, attorneys, general contractors, developers, cost consultants, subcontractors, suppliers, and testing laboratories. CBC’s education- al, networking, and philanthropic programs encourage the growth of its members and the sustained progress of the industry. CBC New Construction Guidelines CBC president, Martin Onorato (left), honors past president and longtime member Chris-Philip Onofrio.

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High-Profile Monthly 's special focus on the Connecticut Buieling Congress's 60th Anniversary. The Connecticut Building Congress creates a forum for building professionals to connect, learn, and grow. Since 1952 CBC has been the premier organization for Connecticut's building professionals to develop strong industry connections.

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Page 1: High-Profile Monthly:  CBC 60th Anniversary Supplement

www.high-profile.com

July, 2012 1

July, 201260th Anniversary Connecticut Building Congress Special Supplementwww.high-profile.com

Current CBC president, Martin Onorato, Robinson & Cole, addresses the group.

By Ron Goodin As the costs of a college edu-

cation continue to rise, the need for a good college education becomes even more evident. For more than 16 years the CBC has been do-ing our part to help offset some of its costs. Each year more than 100 golfers from the AEC industry chase birdies to raise money for the Rob-ert J. LeFloch memorial golf tour-nament. The proceeds from this tournament are given as scholar-ships to worthy aspiring architects, engineers, and other professionals involved in the construction industry. As part of our end-of-the-year gath-ering for the Project Team Awards, we celebrate these young minds.

CBC Golf Tournament

Kicking off the celebration of Con-necticut Building Congress’s 60th Anniversary has been an unex-

pected pleasure of my presidency this year. Until I paused to look back beyond

my own involvement in the organization my focus was natu-rally on the people, industry and issues that I’m living with right now. As fast as things move today, pausing to look back is a luxury many of us don’t often in-dulge, which is why

these milestones are so important. We have our own Diamond Jubilee to celebrate here at home, and like Queen Elizabeth (who ascended to the throne within months of CBC’s founding), we’ve discovered a lot

about who we are by looking more care-fully at where we’ve been.

CBC’s founders hailed from various sectors of the post-war construction indus-try. They saw that the construction indus-try was the backbone of the economy, and that it needed a unified organization that included all participants in the construction process. At each of CBC’s programs this year, we have enjoyed taking closer looks at CBC’s early years, and we discovered how much its early leaders shaped the in-dustry as we know it today. CBC’s found-ers built companies and buildings that are now icons in the region, and they have mentored generations of industry profes-sionals. And though the leaders of 60 years ago are gone, their legacies remain strong in companies, buildings and people – and of course, in the CBC.

The construction industry has changed dramatically since 1952. More

than ever, the success of a project and the success of the industry as a whole is built on a foundation of teamwork as represen-tatives from every facet of the built envi-ronment, including architects, engineers, owners, contractors, consultants, bank-ers, and suppliers collaborate on projects across our region. CBC continues to play a vital role in uniting the industry, study-ing needs, solving problems, supporting education, and promoting best practices. These were its core goals in 1952, and they continue to be core goals today.

As I pass the leadership of CBC to the capable hands of incoming President, Ron Goodin, I am proud to be included among the stewards of the organization of the past 60 years. I’d encourage everyone to pause and look back at what it means for CBC have remained vibrant for so long. And please get involved. It’s rejuvenating.

Martin Onorato

By Stephen Connelly CBC’s monthly program meetings

are forums for members and nonmem-bers to stay up-to-date on the latest trends, news, and best practices in the industry.

CBC’s programs committee excels at highlighting timely program topics that are of interest to all industry players. The

discussion panels are comprised of leading professionals from the ranks of architects, engineers, construction managers, devel-opers, and owners. When Connecticut re-organized its state public works agencies, CBC presented a program by the chief en-gineer and the deputy commissioner of the new department of construction services.

CBC held a program on-site at the UConn Health Center to hear details of the upcom-ing building program that will transform the campus into a world-class bioscience facility. Whenever possible, CBC likes to host its programs on site at notable proj-ects, such as the Yale New Haven Smilow Cancer Center, the Henry C. Lee Institute

of Forensic Science, and the Connecticut Science Center.

CBC’s program committee is cur-rently assembling the calendar for the next year. If you are interested in attending or would like to offer a recommendation on a topic, please contact the CBC Programs Committee Chairman.

CBC Programs Offer Monthly Networking and Education to the Building Community (l-r): Tom A. DiBlasi (president 1999-2000), John Hawley, and Clifton J. Cotter

(president 1970-1971) present a check to the CBC scholarship fund in 2011.

Middletown, CT - The Connecticut Building Congress released the second edition of its Connecticut Construction Guidelines at a program held recently at the Inn at Middletown. The guideline in-corporates the significant changes in tech-nology, speed, and delivery methods that the industry has seen in the decade since the publication of the first edition.

The Connecticut Construction Guide-lines is an educational and reference tool for the industry. It contains especially important information for building owners seeking to better understand the process, reduce risk, and minimize unnecessary costs.

CBC used the occasion to honor its longtime member, IPC chairman, and past-president, Chris-Philip Onofrio, of Langan Engineering, who has been a member and strong supporter of CBC for more than 20 years. Many past presidents were in atten-dance to congratulate him, support the new Connecticut Construction Guidelines, and celebrate the 60th anniversary year of CBC.

CBC is Connecticut’s leading con-struction industry networking organization. Since 1952, its members have included prominent owners, engineers, architects, attorneys, general contractors, developers, cost consultants, subcontractors, suppliers, and testing laboratories. CBC’s education-al, networking, and philanthropic programs encourage the growth of its members and the sustained progress of the industry.

CBC New Construction Guidelines

CBC president, Martin Onorato (left), honors past president and longtime

member Chris-Philip Onofrio.

Page 2: High-Profile Monthly:  CBC 60th Anniversary Supplement

July, 20122

www.high-profile.com

High-Profile Special Supplement: 60th Anniversary CBC

60 Years of Connecting Connecticut’s Building Professionals

Roscoe Smith, past president 1967-68 (left) joins a group at the Park Plaza Hotel.

Page 3: High-Profile Monthly:  CBC 60th Anniversary Supplement

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July, 2012 3

by Jim ElmasryRecognizing the wealth of knowl-

edge inherent throughout various facets of the design and construction industry and understanding the benefits of bring-ing team members together to take advan-tage of that knowledge, several prominent

leaders of the Connecticut construction industry founded the Connecticut Building Congress in 1952. Sixty years later, it has become the premier organization for Con-necticut's building professionals to develop strong industry connections. The sharing of knowledge and ideas across professions

and trades has influenced the development of our industry and allowed our members to evolve together while fostering strong and long-lasting relationships.

Through open forum discussions and structured programs, our members share their experiences, thoughts, and ideas,

allowing members and colleagues to ben-efit from the broad wealth of knowledge. By providing a forum for collegiality and collaboration, CBC is an industry com-pass in a market of ever-changing forces, economic demands, new technologies, and teaming opportunities.

Desire To Combine Knowledge and Learn From Other Building Professionals wasImpetus from the Beginning

by Jim FudaFor the past 16 years, June has

been the month for CBC to celebrate successful teamwork and rising stars in design and construction. The an-nual Project Team Awards and Scholar-ship banquet is CBC’s signature event recognizing winning teams of projects completed in the previous year. CBC’s tradition has been to focus less on style, luxury and exposure, but rather to rec-ognize project teams that demonstrate exceptionally close collaboration while overcoming peculiar challenges, while delivering successful projects.

CBC’s commitment to fostering a successful building community is re-inforced by the longstanding dedica-

tion and giving of the CBC Scholarship Fund. Countless scholarship recipients have benefitted from the work of Clif Cotter, who recently retired as president of the Scholarship Fund after 39 years on its board. Clif joins CBC every year at the Project Team Awards banquet to award scholarships to promising high school seniors pursuing degrees as de-sign and construction professionals.

The well-attended event brings full representation of building own-ers, architects, engineers, constructors, subcontractors, and sub- consultants together celebrating the award-winning projects and highlighting the value of collaboration of the design and con-struction community.

Project Team Awards and Scholarship Banquet

l-r around the table: Chris-Philip Onofrio, George Mulvaney, Fred G. Lindquist, and Bob Vitelli

by Raymond A. Garcia, Jane I. Milas, Nicole Liguori Micklich, and Michael V. Pepe

As disputes become more complex and time-consuming, there is in-creasing pressure to make the

dispute resolution process more efficient. Arbitration, promoted as cost-effective and speedy, in the context of complicated con-struction disputes often becomes as expen-sive and involved as traditional litigation. An unfortunate side effect is that the cost of the process becomes a more important driver of the result than the merits of the dispute. Construction professionals realis-tically wonder whether arbitration really is a preferred dispute resolution mechanism for a complicated construction dispute.

There are many potential benefits of using arbitration as a dispute resolu-tion mechanism. A primary benefit is the ability of the parties to select experienced arbitrators who are knowledgeable about construction and construction law. Par-ties can find arbitrators with technical ex-pertise in a particular discipline pertinent to the dispute. Arbitration generally pro-vides the parties with more flexibility in terms of scheduling and the presentation of evidence than traditional court litiga-tion, factors that are important in construc-tion disputes involving large volumes of documentary evidence and coordination of multiple witnesses, including experts who

often must travel from distant locations.Given the attractiveness of these

features of arbitration as a process, parties have considered various ways to control the cost and time elements of arbitration in order to realize the full value of arbi-tration as a preferred dispute resolution mechanism. In international arbitration, where disparity in the culture of resolving disputes and the variation in jurisdiction-al process makes use of ADR techniques paramount, the chess clock has become an efficient tool in promoting quick, predict-able, and economical ADR. Chess clocks can be used effectively in construction arbitrations as well.

Chess clocks, as the name implies, are used in the game of chess to keep track of time to ensure that neither chess player delays the game. The simple technology, which simultaneously stops one player’s clock and starts the other player’s clock, has been adopted for use in many gaming tournaments. Its simplicity makes it a use-ful tool for tracking time in the arbitration of complex cases where time management and efficiency are paramount.

Use of a chess clock to moderate consumption of time in an arbitration has moved arbitration away from the tenor and pace of court litigation. The chess clock method has to be implemented by agree-ment. A simple provision spelling out the use of the clock and allocation of a specific

amount of time—measured in days, hours, or minutes—to the parties can define the parameters of the proceeding. The defini-tion of time can be modified to include argument, direct examination, cross-ex-amination, and redirect examination by a party as well as the argument time aris-ing from any evidentiary objections. The chess clock method provides a solution to issues regarding the party’s opportunity to be heard by literally equalizing the oppor-tunity. The result is that each party has a limited amount of time over the course of the hearings.

Typically in a two-party case, the time will be split evenly, but that is not al-ways the case. The parties track their time on a chess clock and keep a running tally throughout the hearings. A party is charged time for presenting evidence, cross ex-amination, or argument on any evidentiary matters that arise during the hearings. Time used by the arbitrators in asking questions is typically charged to both parties or not charged at all. Prehearing processes can be used to dispose of some issues without any charge against the allocated time for hear-ings. For the most part, the chess clock is implemented to control and limit hearing time, which is often the hardest part of the arbitration process to control and which leads to greatly increased costs. The chess clock promotes efficiency and encourages parties to raise any evidentiary issues prior

to the actual hearing or “off the clock.” It forces parties to think about the issues they will present ahead of time, making for a much more efficient hearing. By promot-ing an efficient hearing, and limited time, the chess clock also has the potential for cost savings

As increasing pressure is placed on lawyers to offer efficient ADR practice, and on construction professionals to con-trol and budget for dispute resolution costs, contractors and attorneys dealing with complex construction cases should con-sider methods that foster efficiency. The chess clock is an effective tool in doing so, and in the right case can make a significant difference in the cost and speed with which a matter can be resolved. Chess clock ar-bitration should be one dispute resolution tool construction professionals and their attorneys consider when crafting arbitra-tion clauses in contracts.

Raymond A. Garcia is a past Presi-dent of the CBC and has spent over 30 years as a construction litigator. Jane I. Milas has over 25 years of experience litigating construction claims and advis-ing clients in all sectors of the construction industry. Nicole L. Micklich is a former Board member of the CBC and advises and represents both the design and construction sectors. Michael V. Pepe is an associate of the Firm and regularly practices in the area of construction litigation.

Thinking Outside the Box: Chess Clock Arbitration

High-Profile Special Supplement: 60th Anniversary CBC

Page 4: High-Profile Monthly:  CBC 60th Anniversary Supplement

July, 20124

www.high-profile.com

CBC Board of Directors and Committees 2011-2012Board of Directors

President: Martin Onorato, Robinson & Cole, LLPPresident Elect: Ronald Goodin, Fletcher Thompson, Inc.First Vice President: Edward Weber, Grubb & Ellis, Inc.Secretary: John Jenney, Fletcher-Thomp-sonTreasurer: Joseph Spagnoletti, J.H. Cohn

Directors2012Norman Goldman, Desman AssociatesDouglas Poulin, Esq., McElroy, Deutsch, Mulvaney & CarpenterJames Fuda, Purcell Associates

2013Thomas Beebe, former ownerStephen Connelly, Fuss & O’Neill Envi-roscienceJohn Hawley, Gilbane Building Company

2014James Elmasry, Newman Architects, LLCRoger Saulnier, Ames & Whitaker Archi-tectsRobert Golde, Towers|Golde

Past PresidentJames LaRosa, LaRosa Building Group, LLC

HistorianChris-Philip Onofrio, Langan Engineer-ing & Environmental Services

CBC CommitteesContact the Committee Chairs or Theresa Casey at ([email protected]) or (860) 228-0163 for questions or to get involved.

ProgramsPlans programs and speakers for CBC membership meetings.Co-Chairs: James LaRosa, LaRosa Build-ing Group and Jim Fuda, Purcell Associates

MarketingResponsible for enhancing visibility and promoting the programs and efforts of the organization.Chair: Richard Bergan, Bergan Architec-tural Woodworking

Golf OutingPlans annual fundraiser for CBC Scholar-ship Fund.Co-Chairs: Ron Goodin, Fletcher Thomp-son, Inc. and Martin Onorato, Robinson & Cole

Steering- Long range planning for the CBC and the construction industry.Chair: Open

Government AffairsKeeps abreast of and informs members about important legislative issues related to the construction industry.Chair: Open

NominatingNominates officers and Board members.Chair: James LaRosa, LaRosa Building Group

Industry Practices Committee (IPC)Meets monthly to discuss issues affect-ing the construction industry and propose solutions and procedures to resolve com-mon problems.Learn more about construction industry issues by accessing the most recent re-sults of this committee in Connecticut Construction Guidelines: The Manual for Successful Building Projects.Chair: Chris-Philip Onofrio, Langan En-gineering & Environmental Services

Ways and MeansDevelops revenues for the CBC to fund operations, including sponsorships.Chair: Martin Onorato, Robinson & Cole

CBC Scholarship Fund, Inc.Charitable foundation grants scholarships to college students in design and con-struction related fields.President: Cliff Cotter, RetiredVice President: John HawleyTreasurer: Tom DiBlasi, DiBlasi AssociatesSecretary: John Ruffalo, John Ruffalo, III, ArchitectsBoard Members:Christopher Woods, Langan Engineering & Environmental ServicesDick Jagoe, Tomlinson Hawley PattersonGraham Gurry (retired)Fran Ferrucci, F+F Mechanical Enter-prises, Inc.James LaRosa, LaRosa Building Group

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Laurann AsklofRobert J. O’Brien

John J. ReidR. Bradley Wolfe

High-Profile Special Supplement: 60th Anniversary CBC

CBC 60th Anniversary Special Supplement of High-Profile Monthly

Special Thanks to Richard Bergan, Bergan Architectural Woodworking and CBC Marketing Committee Chair, and Martin Onorato, Robinson & Cole and president CBC and all the CBC members who supported this special supplement.

_____________________________

For more information about this or a special edition for your organization contact:

High-Profile Monthly Anastasia Barnes, Associate publisher, Jessica Sacco, Associate Publisher P.O. Box 7. Pembroke, MA 02359781-294-4530 www.high-profile.com

Page 5: High-Profile Monthly:  CBC 60th Anniversary Supplement

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July, 2012 5

CBC past presidents (top to bottom): David A. Carlson, P.E. – 2007-2008, 2008-2009; Ramond A. Garcia, Esq. – 2006-2007; John C. Oliveto, P.E. – 2004-2005, 1996-1997; Robert J. Vitelli – 2003-2004; Chris-Philip Onofrio – 2002-2003; Kenneth J. Russo –

2001-2002; John Ruffalo, AIA – 2000-2001; George Mulvaney – 1997-1998; Richard F. Jagoe – 1994-1995; and Fred G. Lindquist, P.E. – 1992-1993

by John JennyThe Connecticut Building Congress’

volunteer board of directors represents a diverse cross-section of businesses in-volved in the building industry. It includes architects, engineers, owners, attorneys, accountants, contractors, and consultants with hundreds of years of combined expe-rience in the building industry. The broad composition of the board ensures that CBC’s leadership takes a comprehensive view of matters facing the industry. This cross-pollination of perspectives provides a better understanding of issues impacting today’s design and construction industry, breeding a spirit of cooperation, mutual re-spect, and understanding.

The board of directors consists of the six officers, nine board members, the immediate past president, and a historian who meet regularly to manage matters of administration, policy, direction, member-ship, and operation of the Building Con-gress. In addition, these meetings allow directors an opportunity to share “lessons learned,” advise each other of new matters facing the industry, and provide updates on regulatory changes. Through these efforts, the board of directors, under the guidance of President Martin Onorato, works to provide a Building Congress that fosters relation-ships and enhances the building process for the betterment of their members.

CBC’s Professionally Diverse Board of Directors

Keeps the Conversation as Vibrant Today as it Was 60 Years Ago

Bergan Architectural Woodworking55 North Main Street, Middletown, CT 06457

860.346.0869 (O) | 860.346.3472 (F) | www.berganwood.com

Waterbury City Hall2011 PTA Winner

Bergan congratulates CBC on 60 years. We are looking forward to being a part of the next 60.

New Haven, CT - Garcia & Milas, P.C. welcomes Michael W. Lynch as the newest member of its construc-tion and commercial law team.

Lynch is a graduate of Fordham Uni-versity and the University of Connecti-cut School of Law. He served as an active- duty infantry officer from 2001 to 2007, and currently serves as a Captain in the Connecticut Army National Guard.

Garcia & Milas Welcomes Lynch

Michael Lynch

High-Profile Special Supplement: 60th Anniversary CBC

Page 6: High-Profile Monthly:  CBC 60th Anniversary Supplement

July, 20126

www.high-profile.com

BL Companies is proud to be a member of the Connecticut Building

Congress.

Congratulations on

60 Years!

CREATIVITY ▪ QUALITY ▪ EXPERTISEwww.blcompanies.com 800.301.3077

Meriden | Hartford An Employee-Owned Company

By Mary B. Ryan Termination of construction contracts

is an area fraught with significant risk and potentially devastating consequences to the parties and the project. It is a remedy that

should be exercised with the utmost cau-tion and exactitude.

There are two types of termination provisions in con-struction projects – for cause and for convenience. Brief-ly, a termination for cause is a right that can be exercised by either party to the

contract when the other party commits a ma-terial breach. In contrast, a termination for convenience is typically exercisable by the owner with respect to the general contractor or by a general contractor with respect to a subcontractor and is without cause or a need to justify the decision.

Termination for Cause The grounds for and method of termi-

nating for cause can vary considerably, so it is vitally important for the party exercising this right to make sure that proper notice is given (including to the surety on a perfor-mance bond) during the time period speci-fied in the contract and that it set forth the material breach(es) at issue. The contract may contain additional termination precon-ditions, such as providing an opportunity to cure for a specified time period or certifica-tion by the architect of record that grounds for termination for fault exist. Failure to comply with any of these provisions may render the termination wrongful. An owner who wrongfully terminates a contract may be ordered to pay the general contractor the value of the work performed, lost profits on unperformed work, and direct or conse-quential damages.

Sometimes the termination for cause provision will also include a safety net for the owner in the event the owner improp-erly terminated for cause, by converting a defective default termination into a termi-nation for convenience, thus substantially minimizing the owner’s risks.

Termination for Convenience Not all construction contracts contain

termination for convenience provisions, which originated in federal contracts. While there is an extensive body of federal case law interpreting when and how such rights are properly exercised, in the private sec-tor in Connecticut, where there is a grow-

ing trend to include termination for conve-nience clauses, there is a dearth of case law to provide guidance in the event a dispute arises upon the owner’s exercise of such right.

As a result it is extremely important that termination for convenience provi-sions describe in detail the compensation to which the terminated party is entitled. In federal contracts and generally in non-AIA contracts, a termination for convenience precludes recovery of profit on the work not performed as of the termination date. Even when an allowance is made for some profit, it is usually substantially less than the con-tractor would have earned if it completed the project work. The termination for con-venience language contained in AIA A201-2007 General Conditions, Section 14.4.3 provides for recovery for work executed, costs incurred by the termination, and rea-sonable overhead and profit on the work not executed.

After a termination for convenience, disputes often arise when the owner seeks to assert set-off and counterclaims based upon pretermination breaches. In some states, such as New York, there is a developed body of law; in others, such as Connecticut, there is a dearth of case law. In a 1998 Con-necticut trial court decision, a termination for convenience was held to preclude the owner’s claims for pretermination damages. In contrast, in a 2010 case, the trial court re-lied heavily on the contract language to find that the owner had preserved certain rights and remedies and could assert those even after terminating for convenience.

In Connecticut, owners should con-firm that the termination for convenience provisions in their contracts contain lan-guage preserving the owner’s right to assert claims against the contractor notwithstand-ing the owner’s termination for conve-nience. Contractors, on the other hand, will want to include contract language that pre-cludes such claims in the event of a termina-tion for convenience.

(This article is for general informa-tional purposes only, does not constitute and should not be relied upon as legal advice and does not create an attorney-client rela-tionship between Gordon, Muir and Foley, LLP and any party. Statutes and case law vary from jurisdiction to jurisdiction and may change from time to time. You should consult a licensed attorney for legal advice relating to your specific situation.)

Mary B. Ryan is an attorney with Gordon, Muir and Foley, LLP, practicing in the firm’s construction law unit.

Construction Practice Tip – Termination Clauses

Mary Ryan

Photo from the early days of the IPC.

Inside this IssueWindover Construction Completes Three School and College ProjectsBOND CM for UMass Fitchburg State Project Erland Tops Off New School Center with Robert Olsen + Assoc.LLD Designs, KBE Builds URI’s Hillside Residence HallProfile: CTA Cements Place as Leading School BuilderCutler Associates’ Design Build Anna Maria College Holds Open HouseOldcastle Precast Awarded Liberty Terrace DormitoryBC Project Achieves LEED PlatinumTewksbury High School Tops OffUMass Lowell Begins Steel ErectionSuffolk Construction Builds The Victor Luxury ApartmentsPro Con Breaks Ground For Aviv Center for Living, KDA ArchitectContracting Specialists AwardedGround Breaking for Bristol HotelConstruction Starts on New Storrs CenterIncreasing Natural Gas Demand in NE by Douglas PopeMIT Sloan: Archieving Acoustical, Audiovisual, and Technological SuccessColleges Carving out New Space on Existing Campuses by Julie Nugent

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plus Connecticut Facilities, Heathcare, Green News, Awards, Multi Residential, Business News, People, Calendar and more...

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Norwood, MA - Agostini Construction Company of East Providence, R.I. along with Compass Project Management, Inc. of Medfield, Mass., the owner’s project manager, teamed up with the Massachusetts School Building Authority (MSBA) and Architectural Involution (Ai3) of Wayland to successfully manage, design, and build the new Norwood High School.The new high school was the first model built under the MSBA’s Model School Program...see story on page 32.

Compass Project Management CM, Ai3 ArchitectCompass Project Management CM, Ai3 Architect

(above) gymnasium (below) auditorium

Library

(above) athletic field (top and below) Entrance to athletic center and performing arts center.

Norwood High School main entrance

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High-Profile Special Supplement: 60th Anniversary CBC

Page 7: High-Profile Monthly:  CBC 60th Anniversary Supplement

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July, 2012 7

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Page 8: High-Profile Monthly:  CBC 60th Anniversary Supplement

July, 20128

www.high-profile.com

What

CBC can do

for you…

As a member of the Connecticut Building Congress (CBC),

you will have access to information and people vital to your

business. CBC is an active organization with representatives

from every facet of the building industry — architects,

engineers, owners, attorneys, bankers, contractors,

developers, consultants and suppliers, meeting monthly

with keynote speakers to discuss mutual interests, share

business information and leads, and learn about events

that shape our industry.

Industry Information Exchange

CBC’s Industry Practice Committee (IPC) plays a key role

in keeping members informed about the changes in the

industry. IPC monthly meetings are designed to improve the

quality of performance within the construction industry.

Challenges and issues are confronted in an informal

atmosphere through open dialogue, and results are published

in Keystone, CBC’s quarterly newsletter.

Community Outreach

Each year, CBC awards scholarships to deserving

high school seniors who are the future of our industry.

The CBC Scholarship Fund grants scholarships of up

to $2,000 per year to college students studying in

areas of benefit to the construction industry, including

architecture, engineering, construction management,

and construction technology. Special events such as

the annual Robert J. LeFloch Memorial Golf Outing

in the Fall help fund these scholarships.

Professional and Personal

Growth

Our networking and social events bring new opportunities

to your company and provide the chance to share in a

fun environment. Whether you attend a program or social

event, or become more active by joining a committee, CBC

will provide you with the resources and opportunities to

help you grow and increase your value in your firm.

Additional Benefits

● Monthly Targeted Programs on Industry Issues

● Industry Practices Committee (IPC)

● KEYSTONE, CBC’s Quarterly Newsletter

● Annual Project Team Awards

● Annual “Public Meets Private” Open House

● Advertising & Sponsorship Opportunities

● Website Online Directory and Registration

● Outreach to Other Industry Associations

● Community Outreach

● Access to the Connecticut Construction Guidelines

Your Invitation

Apply online at cbc@cbc

-

ct.org.

Payment is due upon application and is refundable, minus

a $50 processing fee, if membership is not approved by the

Board.

CBC Membership Levels 2011

-

12*

Individual $ 100

Government $ 100

Association $ 300

Small firm $ 300

Medium firm $ 600

Large firm $ 700

Individual

For individuals in-between engagements and/or not affiliated

with an organization/company. Entitled to 1 vote.

Government

Federal, state, county, or municipality officials or staff

connected with a public construction work in Connecticut.

Membership rights are granted to the individual to represent

him/herself alone. Entitled to 1 vote.

Association

Representatives from any association whose welfare depends

wholly or partly on the construction industry. Entitled to 1 vote.

Small Firm (1

-

9 staff)

Any corporation, company or partnership of good reputation

engaged in or connected with the building and construction

industry. Entitled to 1 vote.

Medium Firm (10

-

25 staff)

Any corporation, company or partnership of good reputation

engaged in or connected with the building and construction

industry. Entitled to 1 vote.

Large Firm (26 or more staff)

Any corporation, company or partnership of good reputation

engaged in or connected with the building and construction

industry. Entitled to 1 vote.

Contact cbc@cbc

-

ct.org or call

(

860

)

228

-

0163 if you have

any questions.

*Number of employees resident in and/or actively serving

Connecticut

P.O. Box 107

Rocky Hill, CT 06067

-

0107

(

860

)

228

-

0163

www.cbc

-

ct.org

cbc@cbc

-

ct.org

163 Research Parkway

Meriden, CT 06450

(860) 228-0163

www.cbc-ct.org

[email protected]

ConnecticutBuilding Congress CBC

MembershipBenefits

What some of our members

say about CBC:

“I would highly recommend joining CBC. I have found many

rewards, both personally and professionally, in my 35

years of participation.”

Richard F. Jagoe

Tomlinson-Hawley-Patterson

“Over the years, we have been party to countless conversa-

tions about job-related issues. We’ve always known that

we can count on CBC members to offer their professional

expertise and provide resource recommendations for

virtually any issue that arises in the construction process

in a non-confrontational atmosphere.”

Susan Wing

Wing’s Testing & Balancing Co., Inc.

“Interviewing student candidates that have decided to

enter the construction and design fields as their vocation

has given me a sense of gratification in awarding

scholarship aid to these very qualified students, but even

a higher degree of comfort and satisfaction in knowing

that the industry will be in good hands in the future.”

John Ruffalo, III, AIA

John Ruffalo III, Architects, PC

“The Industry Practice Committee (IPC) is a great way

to test the market. The diversity of the group and its

professionalism always brings fresh and exciting views to

industry issues and problems. Set in a round table format

the group never fails to bring new thoughts and ideas to

some of the new and life long issues and problems that

continually plague the industry. The committee’s openness,

candor, and respect for all, allows for very enlightening

discussions and sometimes conclusions.”

Chris-Philip Onofrio

Langan Engineering & Environmental Services

“The CBC Golf Outing has raised over $300,000 for Habitat

for Humanity of Greater New Haven over the years. It’s

also a great chance to network.”

Robert Vitelli

Blakeslee Prestress, Inc.

“CBC meetings and committees are a great resource for

discovering trends in the construction industry. Its members

are a great treasure of information about almost any topic.”

Gregory Faulkner

Robinson & Cole, LLP

Design: M

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High-Profile Special Supplement: 60th Anniversary CBC