Connecticut 2010 Regular Session

Connecticut House Bill HB05379

Introduced
2/25/10  
Refer
2/25/10  
Report Pass
3/29/10  
Refer
4/9/10  

Caption

An Act Concerning Offers Of Compromise In Arbitration Of Construction Contracts.

Impact

The enactment of HB 05379 would have a significant impact on how disputes related to construction contracts are resolved within the state. By facilitating the submission of compromise offers during arbitration, the bill aims to encourage settlement before costly legal proceedings escalate. Furthermore, the stipulated interest rate adjusts the dynamics of negotiation by providing claimants with a financial incentive to accept fair offers. The bill will also repeal existing provisions that allowed for arbitration disputes to be governed by laws from outside Connecticut, thus ensuring a focus on state law in resolving such matters.

Summary

House Bill 05379 aims to amend state laws regarding the arbitration process involved in construction contracts. Specifically, it allows a claimant, after initiating arbitration, to file a written offer of compromise to settle the underlying dispute for a specified sum. This offer can be presented to the court for approval, and if accepted by the respondent within a set timeframe, it leads to the withdrawal of the arbitration. The bill also mandates that, if the claimant ultimately receives a favorable arbitration award that meets or exceeds the offer amount, the court shall add an additional eight percent annual interest to the awarded amount, alongside any other awarded fees.

Sentiment

Reactions to HB 05379 have been mixed. Proponents generally view the bill as a positive step toward streamlining the arbitration process and encouraging early settlement in construction disputes, potentially saving parties time and money. Conversely, some critics have raised concerns about the implications of added financial pressures on respondents and whether the bill could unintentionally hinder meaningful negotiations by imposing a rigid framework for compromise offers.

Contention

Notable points of contention surrounding HB 05379 include discussions about the implications of its provisions on existing contractual rights and negotiation practices in the construction industry. Critics argue that the requirement for court approval and the specific legal framework may create barriers to informal negotiations, shifting the balance of power between claimants and respondents. Moreover, there are concerns regarding the potential for the bill to complicate or convolute the arbitration process rather than simplify it, as many stakeholders are wary of additional legal requirements that may not transparently benefit all parties involved.

Companion Bills

No companion bills found.

Previously Filed As

CT SB00389

An Act Concerning The State Contracting Standards Board And State Procurement.

CT HB05376

An Act Concerning Home Improvement Contractors And Salespersons.

CT SB00409

An Act Concerning Wage Theft Responsibility.

CT HB05487

An Act Concerning The Operation And Administration Of The Office Of The Claims Commissioner.

CT SB00391

An Act Implementing The Recommendations Of The State Contracting Standards Board.

CT HB05272

An Act Concerning The Enforcement Of Requirements Imposed By Certain Municipal Approvals And The New Home Construction Guaranty Fund.

CT SB00381

An Act Concerning Revisions To The Mandated Reporter Requirements.

CT SB00501

An Act Concerning Motor Vehicle Assessments For Property Taxation, Innovation Banks, The Interest On Certain Tax Underpayments, The Assessment On Insurers, School Building Projects, The South Central Connecticut Regional Water Authority Charter And Certain State Historic Preservation Officer Procedures.

CT HB05242

An Act Concerning The Collateral Consequences Of Criminal Records On Housing Opportunities.

CT HB05145

An Act Concerning Innovation Banks.

Similar Bills

CT HB06598

An Act Concerning Offers Of Compromise In Construction Contract Arbitration Proceedings, Mediation And Arbitration Of Construction Contracts, And Ethical Violations Concerning Bidding And State Contracts.

CA SB197

Department of Transportation: retention proceeds.

AZ HB2222

Settlement agreements; report; approval

AZ HB2275

Settlement agreements; report; approval

LA SB80

Provides relative to calculation of sheriff's fee or commission on certain writs. (8/1/14)

MS HB1151

Legislative Oversight Act; create to regulate the authority of public officials to defend legal actions.

PA SB342

Providing for school safety practices and for student online personal data safety practices; imposing penalties; making an appropriation; and making editorial changes.

HI SR172

Requesting The University Of Hawaii To Develop A Comprehensive Plan To Address Student And Faculty Housing Facility Needs At The Manoa Campus.