Mediation Services
Efficient, confidential mediation for construction disputes — contractor claims, design defects, subcontractor disputes, and delay claims — administered by an experienced neutral in Connecticut.
Key Takeaways
Overview
Construction mediation in Connecticut is a voluntary, confidential dispute resolution process in which a neutral mediator facilitates negotiations between parties to a construction dispute. Unlike arbitration or litigation, construction mediation does not produce a binding decision — the mediator helps parties identify common interests and reach a mutually acceptable settlement that they control.
Perkins Group, LLC, led by Jud Perkins, provides experienced construction mediation services for owners, general contractors, subcontractors, design professionals, and surety companies navigating construction disputes in Connecticut. With active membership on the AAA Construction Mediation Panel, Perkins Group, LLC mediates disputes arising from residential and commercial construction contracts, AIA contract forms, and Connecticut public construction projects.
Connecticut construction disputes frequently involve overlapping claims among multiple parties — owners, general contractors, subcontractors, design professionals, and insurers — making mediation particularly valuable as a forum that can address all parties’ interests simultaneously. Perkins Group, LLC has experience managing multi-party construction mediations that would require years of Superior Court litigation to resolve through adjudication.
Dispute Types
Construction mediation in Connecticut addresses a wide range of disputes arising from residential and commercial construction projects. Perkins Group, LLC has experience mediating the following categories of construction disputes:
| Dispute Category | Typical Parties | Mediation Advantage |
|---|---|---|
| Payment & Retainage | Owner, GC, Subcontractor | Preserves ongoing project relationships |
| Construction Defects | Owner, GC, Design Professional, Insurer | Technical issues resolved without expert trial |
| Delay Claims | Owner, GC, Subcontractors | Complex schedule analysis resolved efficiently |
| Change Orders | Owner, GC | Scope disputes resolved before project completion |
| Surety Claims | Owner, Surety, GC | Multi-party resolution in a single session |
The Process
Each party submits a confidential mediation statement to Perkins Group, LLC outlining their position, key documents, and settlement objectives. This preparation allows the mediator to understand the technical and legal issues before the session begins.
All parties and their counsel meet in a joint session. Each party presents its position and the mediator establishes the agenda and ground rules. The joint session allows parties to hear each other's perspectives directly, often revealing areas of common ground.
The mediator meets privately with each party to explore interests, assess strengths and weaknesses, and develop settlement proposals. Information shared in private caucus remains confidential unless the party authorizes disclosure.
The mediator shuttles between parties, conveying proposals and helping parties evaluate the risks and costs of continued litigation against the certainty of a negotiated resolution.
When parties reach agreement, the mediator assists in drafting a written settlement agreement that is signed before the session concludes. A signed agreement is a binding contract enforceable in Connecticut Superior Court.
Fees & Confidentiality
Construction mediation in Connecticut is confidential by statute. Connecticut General Statutes § 52-235d prohibits the admission of mediation communications as evidence in any subsequent arbitration or court proceeding. Statements made in joint sessions, positions disclosed in private caucuses, and documents prepared specifically for mediation remain protected from disclosure unless all parties agree in writing to waive that protection.
Confidentiality is particularly valuable in construction disputes because parties often need to discuss project deficiencies, acknowledge design errors, or disclose insurance coverage positions that they would not want to appear in a public court record. The protected environment of mediation allows parties to have candid conversations about the real costs and risks of their dispute without fear that those disclosures will be used against them in subsequent proceedings.
Perkins Group, LLC maintains strict confidentiality in all mediation proceedings. The mediator will not disclose information shared in private caucus to other parties without express authorization, and will not serve as a witness or provide information about the mediation in any subsequent proceeding.
Common Questions
If construction mediation does not result in a settlement, parties retain all rights to proceed to arbitration or litigation. The mediation process is without prejudice — nothing said or offered in mediation may be used as evidence in subsequent proceedings under C.G.S. § 52-235d. Parties often find that even an unsuccessful mediation narrows the issues in dispute and reduces the cost of subsequent proceedings.
