Gregory R. Faulkner

Partner

  • Overview

    Biography

    Greg Faulkner is chair of the firm’s Construction Group and a member of its Managing Committee. Mr. Faulkner has served as local, national, and international counsel in all aspects of construction law for over 25 years. He delivers a full-service approach to his practice, including selection of project delivery, preparation of bid documents, requests for proposals and qualifications, contract drafting, and negotiations. He also handles litigation in federal and state courts, as well as arbitration and mediation of all types of disputes.

    Contract Procurement and Project Delivery

    Mr. Faulkner represents institutional owners, developers, and construction firms in the procurement, drafting, and negotiation of all construction-related agreements. He has handled agreements for public and private projects ranging in size from under $10 million to over $700 million. He has prepared and negotiated master agreements involving large building projects for clients in various industries, such as education, transportation, food and beverage, hospitality, and health care.

    Mr. Faulkner has served as lead counsel in the drafting and negotiating of hundreds of millions of dollars in design, construction, and consulting contracts, for several large-scale projects. Examples include college and university campus expansion projects; a food and beverage company’s global headquarters as well as the construction of its training, research and processing facilities; a multi-million dollar factory transformation project; a high rise luxury hotel and residences in Midtown Manhattan; a Colorado resort comprising two hotels and a convention center; a casino renovation in Las Vegas; and the conversion of a signature Seattle building into commercial office space.

    Mr. Faulkner has created contract templates for both design and construction. He also regularly works with all standard industry forms, including from the American Institute of Architects (AIA), ConsensusDocs, Design-Build Institute of America (DBIA), and the Engineers Joint Contract Documents Committee (EJCDC).

    Dispute Resolution

    Disagreements can arise during a construction project, over matters such as defective workmanship, additional costs, and delays. Mr. Faulkner assists clients in the construction industry with resolving these issues through negotiation, mediation, arbitration or litigation. His successes include a settlement of millions of dollars on claims relating to construction and design defects at a major university building complex, and the resolution of a complex delay claim on behalf of a contractor on a major transportation project. He also successfully represented a construction manager and project owner in the arbitration of several disputed subcontractor claims on a renovation of a historic theatre and adjacent magnet school project.

    Mr. Faulkner is a longtime member of the commercial and construction panel of neutrals for both the American Arbitration Association (AAA) and the American Dispute Resolution Center, Inc. He has chaired several arbitrations and has extensive training, including both Arbitrator 1 and Arbitrator 2, from the AAA. Mr. Faulkner has also served as an advocate in dozens of  arbitrations, mediations and trials.

    Mr. Faulkner is listed in The Best Lawyers in America© in the area of Construction Law and Litigation – Construction, and he has been selected to the Connecticut Super Lawyers list since 2006. He is also a Fellow in the Construction Lawyers Society of America, an invitation-only construction lawyer honorary society with membership limited to 1,200 practicing Fellows from the United States and internationally. He has lectured around the country on matters pertaining to construction law. He is also a prolific writer, and contributes to the firm’s blog, Construction Law Zone.

  • Experience
    • Experience

      Experience

        Dispute Resolution

      • Represented the University of Connecticut and achieved a favorable settlement of millions of dollars against the design and construction teams in connection with design and construction defects on a campus dormitory complex.

      • Represented a construction manager and worked closely with the owner and its counsel in all facets of contracting and dispute resolution of the $125 million renovation of Palace Theatre and construction of the adjacent magnet school in Waterbury, Connecticut. *

      • Representation of an owner and construction manager in a complex dispute with the mechanical and refrigeration contractor regarding claims made by the contractor for additional services and backcharges from the owner and construction manager arising from failure to perform work and complete the project in a timely manner. The matter resolved after several days of arbitration hearings.

      • Representation of a project engineer in dispute regarding design and construction of $500 million gas turbine power plant. After several days of arbitration hearings, reached favorable negotiated settlement. *

      • Representation of Westport Housing Authority in negotiation with developer, construction firm, and design firms to resolve dispute regarding project schedule and quality of work issues in the midst of project construction. Robinson+Cole's efforts resulted in execution of a settlement agreement leading to timely completion of the project and addressed numerous pending claims regarding scope and workmanship issues.

      • Represented one of the nation's largest specialty electrical contractors in the assertion of affirmative claims for extra costs stemming from extended project duration, loss of productivity, and acceleration on a New York Transit Authority project.

      • Represented specialty electrical contractor in the assertion of backcharges against a subcontractor for schedule delays due to late equipment deliveries and defective workmanship on MTA project in Manhattan.

      • Contract Procurement and Project Delivery

      • Representation of the owner of the leasehold interest in 30 Broad Street, a 49-story, 476,000-square-foot office building located next to the New York Stock Exchange, in drafting and negotiating the design, consulting, and construction contracts related to completing a comprehensive renovation of both public and tenant areas, including modernizing the lobby, elevators, and building systems and designing/building prebuilt units.

      • Representation of Dartmouth College in drafting and negotiating the construction management agreement and reviewing and negotiating the GMP Proposal for the Baker Bell Tower Restoration Project. The 124-foot clock tower at the center of the Dartmouth campus received a new copper roof, a modern control system for the clock and bells, a replica of the original weathervane, and energy-efficient outdoor lighting to highlight the library’s architectural beauty and significance.

      • Representation of the project developer in drafting and negotiating the construction agreement for the $25 million new construction of the Perimeter Park 5 commercial office building in Morrisville, North Carolina.

      • Representation of the project developer in drafting and negotiating the design-build agreement for the $15 million phased renovation to the Renaissance Savery Hotel in Des Moines, Iowa.

      • Representation of Starwood Capital in the selection of project delivery; drafting and negotiation of design, construction, and consulting agreements; and insurance and bonding issues for major projects throughout the US, including luxury high-rise hotels in Midtown Manhattan; a resort comprising two hotels and a convention center in Snowmass, Colorado; and the renovation of a casino through phased design and construction in Las Vegas, Nevada.

      • Representation of Providence College in drafting and negotiating the design and construction agreements for the Ruane Center for Humanities, a 63,000-square-foot building constructed to accommodate its new Development of Western Civilization program, as well as offices for the School of Arts & Sciences, the center for the Study of the Humanities, the Liberal Arts Honors Program, and the Departments of English and History.

      • Representation of Yale University regarding its interests in drafting and negotiating hundreds of millions of dollars in design, construction, and consulting contracts on the university's most prominent projects. Served as special counsel in developing and maintaining a new family of construction and design contract documents, reflecting an integrated project delivery system. Document forms include various standard forms of construction and design agreements, such as general contractor agreements, construction management agreements, design and consulting contracts, bond forms, purchase orders, bid documents, RFP forms, bundling agreements, and design-build contracts. Representation also includes advice on policies governing owner-controlled insurance program, safety, project labor agreements, procurement deliverables, claims readiness, and dispute resolution.

      • Representation of PepsiCo in drafting and negotiating the design, construction, design-build, project management, and consulting agreements for the company's build-outs and construction projects throughout the United States and Canada. Projects include food processing facilities, offices, training facilities, and warehouses.

      • Representation of a Connecticut town in drafting the construction and design services agreements for the proposed renovation of a high school, the roof replacement at an elementary school, and a new town hall and police station.

      • Represented a Connecticut town regarding delays in construction of town hall and drafting construction and design agreements for a police station project.

      • Drafting and negotiation of the design and construction agreements for a privately owned hedge fund sponsor's new trading spaces in Hong Kong and London, and its upgraded San Francisco and Manhattan offices.

      • Representation of Dartmouth College to conduct overview on updating school’s major construction and design forms of agreement.

      • Represented Unilever, a global company of foods, beverages, cleaning agents, and personal care products, in drafting and negotiating a construction management contract for a complex multimillion-dollar factory transformation project.

      • Representation of a well-known diversified technology, media, and financial services company in preparation of an RFP and contract documents for deconstruction and remediation of a manufacturing facility with environmental, historic, and wetlands challenges in Bridgeport, Connecticut.

      • Representation of Standard Builders, Inc., the construction manager for the Tanger Outlets at Foxwoods, a retail development at Foxwoods Casino, with over 80 shops, dining, and entertainment, in drafting and negotiating construction agreements and providing overall advice throughout the project construction.

      • Handled design and construction contracts for the renovation of the hotel lobby and restaurant at the Westin Pittsburgh at Liberty Center as well as design and construction contracts for the adjacent renovation of the Liberty Center's exhibition space. 

      • Representation of a development team consisting of Starwood Capital and Tribeca Associates in drafting and negotiating design, construction, and consulting agreements and with respect to insurance and bonding issues for the Baccarat Hotel and Residences project in Midtown Manhattan.

      • Representation of the Grand Central Oyster Bar & Restaurant in drafting and negotiating the design and construction agreements for renovations that include the stabilization of the famous Guastavino tiles throughout the restaurant.

      • Representation of Common Ground in New Haven, Connecticut, the nation’s longest-running environmental charter high school, in preparing RFP materials and a construction contract for the construction of a new center for learning and leadership, renovating existing school buildings, and making extensive sustainability upgrades on the charter school’s 20-acre campus

      • Representation of the development team in preparing and negotiating the contracts for the renovations and systems upgrades to the 130 West 42nd Street Office Tower project in New York, a 29-story skyscraper originally constructed in 1917, just one block from Times Square.

      • Representation of the project developer in drafting and negotiating the design, construction, and project management agreements for the $45 million renovation to the core and shell work and retenanting the upper floors of the historic Macy’s building in downtown Seattle, Washington.

      • Representation of Providence College in drafting and negotiating the major design, construction, and consulting agreements for the school’s new Arthur and Patricia Ryan Center for Business Studies, a 64,000-square-foot facility that will serve as the home to the Providence College School of Business. 

      • back to top

      * Atty. Faulkner was counsel in these representative transactions before joining Robinson+Cole.

    • Professional Associations

      Professional Associations

      Higher Education Real Estate Lawyers

      National Association of College and University Attorneys

      Connecticut Building Congress
      Past President

      Connecticut Bar Association
      Construction Law Section, Executive Committee

      Connecticut Bar Foundation
      Fellow

      American Bar Association
      Forum on the Construction Industry

      American Arbitration Association
      Commercial Panel of Neutrals, Connecticut Construction Advisory Committee

      ADR Center, Inc.
      Panel of Arbitrators

      Professional Women in Construction

      Construction Lawyers Society of America
      Fellow
    • Honors + Awards

      Honors + Awards

      Connecticut Bar Foundation, James W. Cooper Fellow, 2013

      Selected to the Connecticut Super Lawyers list from 2006 to 2017.

      Listed in The Best Lawyers in America© in the areas of Construction Law since 2011 and Litigation - Construction since 2012.

      Listed in The Best Lawyers in America© as Hartford Lawyer of the Year in the area of Litigation - Construction for 2015

    • Community Involvement

      Community Involvement

      Rocky Hill Zoning Board of Appeals
      Commissioner (2012 - 2017)

      Rocky Hill Planning and Zoning Commission
      Commissioner (2010 - 2012)
  • NEWS + PRESS
    • Publications

      Publications

      "Navigating the Waters of Contractor-Friendly Laws: What Lenders Need to Know to Protect Their Own Interests in Privately Funded Construction Projects," published in The Abstract, co-authored with Norman H. Roos (4/2005)
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      "Unauthorized and Fraudulent Funding Scheme Was Not a Direct Loss Under a Commercial Crime Policy," published in American Bar Association Fidelity and Surety Law Committee Newsletter (2003)

      "Harsh Consequences for Surety's Tardy Response to Connecticut Public Works Bond Claim," published in Construct! (2002)

      "Design/Build Delivery Systems," published in For the Defense (2002)
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      "Managing Employee Theft and Fraud," published in Business and Legal Reports (2001)
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      "Balfour Beatty Construction v. National Surety Corporation," published in TIPS Fidelity and Surety Committee News (1998)
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      "The Construction Subcontractors Payment Protection Enhancement Act: Are Changes on the Horizon for Federal Public Works Projects?" published in DRI: The Critical Path-Construction Law Committee Newsletter (1998)

      "Beware the Forms!!! The Dangers of Standard Form Agreements," published in CI Update (1996)

    • Presentations

      Presentations

      "International Perspectives on Real Estate," at The World of Higher Education Conference, sponsored by UK-based law firm Mills & Reeve, at the British Library in London (3/16/2017)
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      "Management of Legal Exposures," a Construction Institute (CI) workshop, in Hartford, Connecticut (3/1/2017)
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      "A Lawyer, an Architect, and a Carpenter: Construction Law Best Practices Roundtable Discussions," co-presented with Martin A. Onorato, at a Connecticut Building Congress program at Central Connecticut State University in New Britain, Connecticut (2/21/2017)
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      "Leveraging the In-house and Outside Counsel Relationship," at the 31st Construction SuperConference in Las Vegas, Nevada (12/7/2016)
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      "Fundamentals of Construction Law: Learning from the Pros," sponsored by the ABA Forum on Construction in New York City (11/4/2016)
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      "13th Annual Higher Education Real Estate Lawyers Conference," (September 30, 2015)

      "Management of Legal Exposures," at Construction Institute's 2015 Professional Development Workshop at the University of Hartford, co-presented with Roy Cooper, P.E., vice president of ARCADIS (2/26/15)

      "Education Law: When to Call Outside Counsel," co-presented with Edward J. Heath, Nicole H. Najam and Kathleen E. Dion, presented to University of Hartford doctoral students in Doctorate in Education Leadership program (7/30/2014)

      "Management of Legal Exposures," at Construction Institute's Spring 2014 Professional Development Workshop at the University of Hartford, co-presented with Roy Cooper, P.E., vice president of ARCADIS (4/22/2014)

      "Careers in Construction Law," at University of Connecticut School of Law event in Hartford, Connecticut, co-panelist (2/12/2014)

      "Management of Legal Exposures," at Construction Institute in Hartford, Connecticut, co-presented with Roy Cooper, P.E., vice president of ARCADIS (12/17/2013)

      "Contracts – Why They Are Important and What Are the Key Clauses of Which You Should Be Aware," at Engineering & Construction Law Seminar, presented by Connecticut Society of Civil Engineers (3/30/2012)

      "Risk Transfer and Assignment Issues in Contracts: Indemnification and Liability Trends," at 2011 National Association of College and University Attorneys Annual Conference (6/28/2011)

      "Managing Liability Issues in Green Buildings and Sustainable Construction," at Higher Education Real Estate Lawyers, co-presented with Martin A. Onorato (10/15/2010)

      "The New Contract Documents and Integrated Project Delivery Documents from AIA and ConsensusDOCS," at Higher Education Real Estate Lawyers (HEREL) Conference, Austin, Texas (10/2008)

      "Construction Law - Negotiating with Architects," at Higher Education Real Estate Lawyers (HEREL) Conference, Seattle, Washington (9/27 to 9/28/2007)

      "Pros and Cons of Cost-Plus vs. Fixed-Price Contracts," at Lorman Education Services (2007 to 2008)

      "Risky Business - Surety Bonds in Construction," at Professional Women in Construction, Connecticut Chapter (2007)

      "Trouble Shooting a Troubled Project: Navigating Your Way Through Design and Construction Contracts," at National Association of College and University Attorneys (NACUA), 46th Annual Conference (6/25 to 6/28/2006)

      "Dealing with Contractors That File for Bankruptcy," at Higher Education Real Estate Lawyers (HEREL) Annual Conference, Yale University (9/22/2005)

      "Common Riders, Their Purpose, and the Case Law Interpreting Them," at Surety Claims Institute Annual Meeting (6/22 to 6/24/2005)
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      "Back to Basics Program on Contract Surety Claims Handling," at American Bar Association Fidelity and Surety Law Committee (3/19/2004)
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      "Connecticut Construction Law: Can This Job Be Saved?" at Lorman Education Services (1999)
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      "Connecticut Construction Law: What Do You Do When....?" at National Business Institute (1998)
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      "Connecticut Building Congress, Latest Developments in Construction Law," (1998)
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      "Mechanics' Liens in Connecticut, A Practical Guide," at Lorman Education Services (1997)
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      "Advantages and Pitfalls of Mediation, Arbitration, and Litigation," at Connecticut Billing Congress
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    • News

      R+C in the News

      • March 22, 2017

        Robinson+Cole Lawyers Present at World of Higher Education Conference

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      • March 10, 2017

        Greg Faulkner Speaks on Managing Legal Exposures at Construction Institute

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      • February 22, 2017

        Construction Lawyers Participate in CBC Roundtable Discussions

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      • December 8, 2016

        Greg Faulkner Presents at Construction SuperConference

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      • November 15, 2016

        Greg Faulkner Speaks at ABA Forum on Construction

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      • October 4, 2016

        Robinson+Cole Sponsors Common Ground's Feast from the Fields Event

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      • August 18, 2014

        Hartford Lawyers Present Education Law Program to UHart Students

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      • May 8, 2014

        Greg Faulkner Presents Legal Exposure Session at the Construction Institute

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      • March 10, 2014

        Greg Faulkner Speaks about Construction Law Careers at UConn Law School

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      • January 6, 2014

        Construction Lawyer Presents Legal Exposure Session at CI

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      • May 23, 2013

        Robinson & Cole Sponsors Welcome Reception at ABA's 2013 Construction Forum Annual Meeting

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      • July 7, 2011

        Construction Partner Presents on Indemnification and Liability in Contracts at National Conference

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      • November 2, 2010

        Construction Attorneys Speak on Green Buildings and Sustainable Construction

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      • May 12, 2010

        Robinson & Cole Attorney Participates on Panel during Construction Program

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      • April 1, 2010

        Robinson & Cole Attorney Appointed to Rocky Hill Planning and Zoning Commission

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      • November 14, 2008

        Robinson & Cole Gains Over 30 Former Thelen Attorneys in Hartford, Connecticut and New York City

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      R+C News Releases

      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

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      • June 27, 2017

        Robinson+Cole Lawyers Accept Fellowships with National Construction Group

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      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 18, 2015

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2016

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      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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      • August 19, 2014

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in Best Lawyers National Peer Review Survey

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      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • March 1, 2013

        Robinson & Cole Lawyers Selected as James W. Cooper Fellows of the Connecticut Bar Foundation

      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

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      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • September 12, 2011

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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