Wiggin and Dana Partner Jonathan Freiman Wins $5 Million Appeal in Construction Dispute Case
Wiggin and Dana successfully represented The United Illuminating Company (UI) in an appeal from UI's victory in a multi-million dollar construction dispute arising out of the in-ground installation of a major power transmission line. General Contractor J. Wm. Foley, Inc. claimed that the trial court had erred in rejecting its claims for $4.6 million in compensation for delays to the "critical path" of the project, as well as in rejecting its tort and unfair trade practices claims. The Connecticut Appellate Court unanimously sided with UI on all issues, explaining its holding in a 26-page decision available here.
Foley had received approximately $78 million in compensation for the project. At the end of the project, Foley sought nearly $5 million in additional compensation for "critical path delay" claims, as well as millions more for twelve change-order claims and alleged torts. The trial court found for Foley on three of its twelve change order request claims, awarding it a little over $1 million, but rejected all of Foley's other claims. Foley appealed the rejection of its critical path delay claims, tort claims, and nine change-order claims. UI did not appeal the trial court's award on three of the twelve change order request claims.Mr. Freiman is Chair of the Appellate and Complex Legal Issues practice group at Wiggin and Dana LLP. Litigation associate Ivana Greco also worked on the appeal. Litigation partner Timothy Diemand and litigation counsel Michael Menapace tried the case below.