Richard F. Wareing

ACCOMPLISHMENTS AND EXPERIENCE

Construction Litigation

• Representation of general contractor in litigation arising out of a catastrophic accident at a major infrastructure project resulting in the death of a tradesman. Rich helped position the case for a favorable multi-party settlement through the use of a pleading and discovery strategy designed to identify all potentially culpable parties and appropriately apportion exposure.
• Representation of major EPC contractor in complex litigation with project owner, insurer, insurance broker, and turbine supplier arising out of the construction of a power plant. Rich handled claims for liquidated damages, delays, and excess costs, as well as claims for coverage under applicable insurance policies, all arising out of a catastrophic construction accident involving multiple deaths and serious injuries.
• Representation of international EPC contractor on power generation project. Rich was involved in multiple issues arising out of a crane collapse, which included working  with the client to develop strategies for identifying and interviewing witness, document collection and preservation, contract analysis, preparation of required notices and claims, and negotiations with other interested parties to develop an evidence preservation agreement and a plan for site stabilization and debris removal.
• Representation of university in a dispute with contractor arising out of signature construction project. Rich advised the client regarding multiple claims by both parties and owner’s decision to terminate contractor.  Rich then assisted owner in arranging for the reprocurement of remaining work after contractor was terminated.
• Representation of contractor on sewer repair and replacement project for a regional potable water and sewer authority. Rich successfully negotiated the resolution of contractor’s claims for additional compensation and owner’s backcharges.
• Representation of municipality in litigation against design professionals arising out of a partial roof collapse at a public school. Town sought damages for losses incurred in clearing wreckage and rebuilding facility.
• Representation of general contractor in multiple disputes with subcontractors arising out of the construction of a $150 million federal prison. Rich was involved in litigation in three different jurisdictions and was responsible for coordinating pleading and discovery strategy, as well as motion practice and managing local counsel.

Construction Contract Negotiation & Drafting

• Representation of major municipality in the preparation and review of contract documents for A/E services on numerous school repair and renovation projects.
• Representation of contractor in the preparation and review of subcontract packages for construction of multiple green energy projects.
• Representation of two luxury condominium associations in negotiations with architects and contractors for finalization of contract documents for major repair and renovation projects.
• Representation of college in negotiations with contractor for finalization of contract documents for dormitory renovation and related improvements.
• Representation of developer/contractor in negotiation and preparation of contract documents for two complicated commercial developments.
• Representation of prestigious country club in negotiation and preparation of contract documents for significant renovations to club facilities.
• Representation of major regional contractor in the preparation of various contract documents needed to “close out” projects in which there were disputed claims.
• Representation of parking garage owner in negotiations with engineer for finalization of contract documents, prepared draft contract documents for bid packages for prospective general contractors and negotiated final contract documents with bid winner, and represented owner in multiple disputes arising during construction.

Appellate

• Appellate representation of multiple consumers in appeals arising out of claims of unfair trade practices against a major used car dealership. Rich has successfully preserved a number of favorable judgments and arbitral awards—including significant awards of punitive damages and attorneys’ fees.  Villar v. A Better Way Wholesale Autos, Inc., 194 Conn. App. 903 (2019); A Better Way Wholesale Autos, Inc. v. Saint Paul, 192 Conn. App. 245 (en banc), cert. granted in part 333 Conn. 935 (2019);; Freeman v. A Better Way Wholesale Autos, Inc., 191 Conn. App. 110 (2019); A Better Way Wholesale Autos, Inc. v. Gause, 184 Conn. App. 643, denied, 330 Conn. 940 (2018); Freeman v. A Better Way Wholesale Autos, Inc., 174 Conn. App. 649, cert. denied, 327 Conn. 927 (2017).
• Appellate representation of waste management company in appeal involving claims of misappropriation of trade secrets, tortious interference, and breach of post-termination obligations. National Waste Associates, LLC v. Scharf, 183 Conn. App. 734 (2018).
• Appellate representation of defendant in action arising out of a motor vehicle accident. At trial, plaintiff’s request for offer of compromise prejudgment interest had been stricken as a discovery sanction.  In a case of first impression, Rich successfully defended on appeal the power of trial judges under the rules of practice and the court’s own inherent power to issue such sanctions.  Yeager v. Alvarez, 302 Conn. 772 (2011).
• Successful representation of contractor in appeal to the Supreme Court of Connecticut in case involving questions of arbitrarily and the extent of Connecticut’s waiver of sovereign immunity in construction disputes. Bacon Const. Co., Inc. v. Department of Public Works, 294 Conn. 695 (2010).
• Appellate representation of regional refuse authority in appeal of litigation with municipal customers involving authority’s rate-setting power, commercial contract principles, and impact of special legislation on authority’s power. Town of New Hartford v. CRRA, 291 Conn. 433 (2009).
• Representation of commercial boatyard in appeal involving contract dispute arising out of purchaser’s attempt to repudiate purchase and acceptance of luxury vessel. First Nat. Bank of Litchfield v. Miller, 285 Conn. 294 (2008).  After the client had been unsuccessful at the Connecticut Appellate Court, Rich was retained and successfully petitioned the Connecticut Supreme Court to take the case, where he then obtained a judgment reversing adverse trial court result.
• Representation of construction industry amici curiae in appeal involving question of workers’ compensation exclusivity. Archambault v. Soneco/Northeastern, Inc., 287 Conn. 20 (2008) and Pelletier v. Sordoni/Skanska Const. Co., 286 Conn. 563 (2008).
• Representation of State of Connecticut Employees Retirement Commission in appeal involving dispute over calculation of employee pensions. Longley State Employees Retirement Com’n, 284 Conn. 149 (2007).
• Representation of architect in appeal to the Supreme Court of Connecticut arising out of arbitration award against owner for unpaid professional services. City of Bridgeport v. The Kasper Group, Inc., 278 Conn. 466 (2006).
• Successful appellate representation of automobile purchaser in warranty dispute with dealer. Krack v. Action Motors Corp., 87 Conn. App. 687, denied, 273 Conn. 926 (2005).
• Successful representation of divorcing spouse in an interlocutory appeal. Rich represented the wife in a high-profile divorce action who had obtained an interlocutory judgment of approximately $500,000 in pendente lite attorneys’ fees and the husband appealed the order.  Rich obtained dismissal of opposing spouse’s appeal on jurisdictional grounds, in part using a novel issue regarding the finality of judgments under Connecticut law.  Perricone v. Perricone, AC 25461, granted in part, 271 Conn. 919 (2004).
• Representation of major retailer in appeals arising out of premises liability. Meek v. Wal-Mart Stores, Inc., 72 Conn. App. 467 (2002); Chylinski v. Wal-Mart Stores, Inc., 150 F.3d 214 (2d Cir. 1998).
• Successful representation of general contractor in appeal concerning the discharge of a $15 million mechanic’s lien. Contractor had obtained judgments at the trial court dismissing the lien.  On appeal, Rich successfully defended the trial court’s judgment of dismissal, relying on the language of the subcontracts and relevant statutory provisions.  HSI General Contractors, Inc., v. FPL Energy Marcus Hook, L.P., 1835 EDA 2004 (Pa. Super. 2004); F.W. Hake, Inc., v. FPL Energy Marcus Hook, L.P., No. 1836 EDA 2004 (Pa. Super. 2004); Mid-Atlantic Contractors, Inc. v. FPL Energy Marcus Hook, L.P., No. 1837 EDA 2004 (Pa. Super. 2004).
• Successful representation of general contractor in appeal concerning the discharge of an $18 million mechanic’s lien by a supplier. The trial court had discharged the lien based on the plain language of the parties’ contract and the supplier appealed, arguing that certain contract provisions were intended to operate retroactively, thus barring the lien.  On appeal, Rich successfully defended the trial court’s judgment.  Alstom Power, Inc. v. Balcke-Durr, Inc., 269 Conn. 599 (2004).
• Successfully represented steel inspector in appeal arising out of catastrophic workplace accident. Pelletier v. Sordoni/Skanska Const. Co., 262 Conn. 372 (2003).
• Successful representation of contractor on appeal in case involving a federal construction project. Contractor had obtained a favorable judgment on its delay claim at the Board of Contract Appeals. Rich helped successfully defend that judgment on appeal, resulting in a favorable decision that clarified federal law with respect to Eichleay Formula used to calculate extended home office overhead damages arising out of owner-caused delays on federal construction projects.  West v. All State Boiler, Inc., 146 F.3d 1368 (Fed. Cir. 1998).

General Litigation

• Representation of multiple employers in disputes with former employees regarding employees’ post-employment obligations under non-compete and non-solicitation agreements. Represented owner in litigation and arbitral proceedings and participated in settlement negotiations.
• Representation of Catholic diocese in litigation arising out claims of sexual abuse at a Catholic hospital within the diocese. The plaintiffs had asserted that the dioceses “controlled” the operation of the hospital at which the claims arose, but Rich was able to obtain a dismissal of the action through aggressive discovery strategy that established that plaintiffs had no evidence to prove the diocese had any operational control over the hospital.
• Representation of major regional law firm in a dispute with a former client. Rich represented the firm in asserting its claim for significant unpaid fees and defended the firm from the former client’s malpractice counterclaim.  Rich obtained a successful resolution of the dispute via mediation.
• Served as a mediator between the State of Connecticut Military Department and a voluntary association affiliated with the prestigious state militia unit, First Company Governor’s Foot Guard. At the request of then-Governor M. Jodi Rell, Rich attempted to broker a settlement between the Military Department and the association, which owned the armory at which the First Company Governor’s Foot Guard drilled.

EDUCATION

Harvard Law School, J.D., cum laude, 1993
The College of the Holy Cross, A.B. in History, magna cum laude, 1990

BAR ADMISSIONS

Massachusetts
Connecticut
United States District Court:

• Massachusetts
• Connecticut
• Eastern District of New York
• Southern District of New York

PROFESSIONAL AND CIVIC INVOLVEMENT

Hartford Board of Education (2012-2017)
Hartford Redevelopment Agency (1999-2003)
Metropolitan District Commission, (1996-2006)
Hartford Charter Revision Commission (2002, 2008)
Hartford Parking Authority (2004-2005)
Connecticut Law Tribune, New Leaders of the Law
2004 Hartford County, Overall Achievement

PUBLICATIONS

Co-author of Chapter 11, “Commonly Encountered Legal Issues” in International Construction Law; a Guide for Cross-Border Transactions and Legal Disputes (ABA 2009)

TEACHING

Appellate Advocacy Institute, Connecticut Bar Association (2004 & 2005)

RESIDENCE

Colchester, Connecticut

Contact Us

Natale & Wolinetz

Attorneys At Law

Address
116 Oak Street
Glastonbury, CT 06033

tel (860) 430-1802
fax (860) 430-1809

Address
1 Linden Place
Hartford, CT 06106

tel (860) 525-0400