Steven Lapp

Overview

STEVEN LAPP is a partner to the Hartford office of McElroy, Deutsch, Mulvaney and Carpenter, LLP, whose practice is focused on litigation and alternative dispute resolution of construction disputes, construction-related surety claims, and commercial litigation in federal court, state court, arbitration and mediation. He has extensive experience counseling construction managers, general contractors, subcontractors, equipment suppliers and sureties on a wide range of issues arising from the construction context or relating to construction or surety law, including delay and productivity losses, extra work, disputed change orders, payment entitlement, requests for equitable adjustment, defective design issues, mechanic's liens, the federal Miller Act, violations of state public improvement payment bond statutes, "pass-through" claims against the State of Connecticut and private entities, performance bond claims, and surety subrogation claims.  

Mr. Lapp has counseled general contractors regarding the federal and state regulatory requirements imposed on construction contractors involved in government contracting and public procurement, including strategic implementation of the controls and safeguards necessary to satisfy contractor compliance obligations and the liability risks unique to public construction. Mr. Lapp has counseled clients in the resolution of issues relating to construction claims against the United States under the Federal Acquisition Regulations and Federal Contract Disputes Act, federal and state regulations governing disadvantaged business enterprise (DBE) programs, minority and/or small business set-aside program requirements, and the Federal Acquisition Regulations' compliance program and mandatory disclosure rule obligations. He has represented contractors in the resolution of regulatory enforcement actions involving government claims of DBE noncompliance, as well as specialty trade licensing enforcement actions by the Connecticut Department of Consumer Protection.  He has also counseled contractors regarding compliance with state statutory and regulatory licensing obligations.

In addition to his construction practice, Mr. Lapp has also represented clients in the litigation and arbitration of a diverse range of business and commercial disputes, including business torts, Connecticut Unfair Trade Practice Act violations, LLC member disputes, joint venture disputes, breach of fiduciary duty claims, insurance coverage disputes, adverse possession claims, judicial appeals of municipal zoning decisions, commercial summary process actions, and common-carrier and freight transportation disputes.

  • Connecticut Law Tribune New Leaders In the Law 2015
  • Listed in Super Lawyers® Rising Stars (2016-2017), a Thomson Reuters business, in the areas of Business Litigation and Construction Litigation.  A description of the standard or methodology on which the accolade is based can be found HERE (No aspect of the advertisement has been approved by the Supreme Court).

• Representation of a window-wall subcontractor’s performance bond surety in the defense of claims brought by a construction manager totaling $6 million dollars for alleged delay damages and completion costs, arising out of a project for the construction of a 28 story hotel in downtown Manhattan.

• Defended a general contractor and its lien bond surety against nonpayment, extra work and change order claims brought by a demolition subcontractor, arising out of the construction of the BIC world headquarters in Milford, CT, and resulting in a settlement of $0.07 on the dollar of amount initially claimed by the plaintiff.

• Defended a contractor against a $100,000 plus UCC Article 9 non-payment claim brought by the company providing “factor” financing for a subcontractor, as assignee, resulting in a settlement less than 20% of the amount initially claimed by the plaintiff.

• Representation of a site-work subcontractor in the prosecution of nonpayment claims, payment bond claims, and public improvement lien claims, against the general contractor, its surety, and City of Rye, arising out of piling work performed as part of a bridge renovation project for the City of Rye, New York.

• Representation of a Massachusetts-based plumbing contractor in a licensing enforcement action by the Connecticut Department of Consumer Protection, in which the contractor was accused of violating multiple “occupational trade” regulations pertaining to plumbing work by performing work without a license, and which was resolved without the imposition of any fines or sanctions against the contractor.

• Representation of a general contractor involving claims for nonpayment and foreclosure of a mechanic’s lien in excess of $3,500,000, arising from a project for the renovation of a the YMCA in Greenwich, Connecticut.

• Representation of a general contractor involving claims against Greenwich, Connecticut for project delays, disruptions and the recovery of additional costs caused by owner-caused design delay and defective design, arising out of project for the renovation of public elementary school.

• Developed a comprehensive compliance program for a prominent regional construction contractor to address federal and state statutory and regulatory requirements imposed on construction contractors involved in federal and federally funded government contracting, as a conciliatory measure necessary to resolve an investigation by the Office of Inspector General for the United States Department of Transportation concerning Disadvantaged Business Enterprise program noncompliance and program fraud.
 

Overview

STEVEN LAPP is a partner to the Hartford office of McElroy, Deutsch, Mulvaney and Carpenter, LLP, whose practice is focused on litigation and alternative dispute resolution of construction disputes, construction-related surety claims, and commercial litigation in federal court, state court, arbitration and mediation. He has extensive experience counseling construction managers, general contractors, subcontractors, equipment suppliers and sureties on a wide range of issues arising from the construction context or relating to construction or surety law, including delay and productivity losses, extra work, disputed change orders, payment entitlement, requests for equitable adjustment, defective design issues, mechanic's liens, the federal Miller Act, violations of state public improvement payment bond statutes, "pass-through" claims against the State of Connecticut and private entities, performance bond claims, and surety subrogation claims.  

Mr. Lapp has counseled general contractors regarding the federal and state regulatory requirements imposed on construction contractors involved in government contracting and public procurement, including strategic implementation of the controls and safeguards necessary to satisfy contractor compliance obligations and the liability risks unique to public construction. Mr. Lapp has counseled clients in the resolution of issues relating to construction claims against the United States under the Federal Acquisition Regulations and Federal Contract Disputes Act, federal and state regulations governing disadvantaged business enterprise (DBE) programs, minority and/or small business set-aside program requirements, and the Federal Acquisition Regulations' compliance program and mandatory disclosure rule obligations. He has represented contractors in the resolution of regulatory enforcement actions involving government claims of DBE noncompliance, as well as specialty trade licensing enforcement actions by the Connecticut Department of Consumer Protection.  He has also counseled contractors regarding compliance with state statutory and regulatory licensing obligations.

In addition to his construction practice, Mr. Lapp has also represented clients in the litigation and arbitration of a diverse range of business and commercial disputes, including business torts, Connecticut Unfair Trade Practice Act violations, LLC member disputes, joint venture disputes, breach of fiduciary duty claims, insurance coverage disputes, adverse possession claims, judicial appeals of municipal zoning decisions, commercial summary process actions, and common-carrier and freight transportation disputes.

  • Connecticut Law Tribune New Leaders In the Law 2015
  • Listed in Super Lawyers® Rising Stars (2016-2017), a Thomson Reuters business, in the areas of Business Litigation and Construction Litigation.  A description of the standard or methodology on which the accolade is based can be found HERE (No aspect of the advertisement has been approved by the Supreme Court).

• Representation of a window-wall subcontractor’s performance bond surety in the defense of claims brought by a construction manager totaling $6 million dollars for alleged delay damages and completion costs, arising out of a project for the construction of a 28 story hotel in downtown Manhattan.

• Defended a general contractor and its lien bond surety against nonpayment, extra work and change order claims brought by a demolition subcontractor, arising out of the construction of the BIC world headquarters in Milford, CT, and resulting in a settlement of $0.07 on the dollar of amount initially claimed by the plaintiff.

• Defended a contractor against a $100,000 plus UCC Article 9 non-payment claim brought by the company providing “factor” financing for a subcontractor, as assignee, resulting in a settlement less than 20% of the amount initially claimed by the plaintiff.

• Representation of a site-work subcontractor in the prosecution of nonpayment claims, payment bond claims, and public improvement lien claims, against the general contractor, its surety, and City of Rye, arising out of piling work performed as part of a bridge renovation project for the City of Rye, New York.

• Representation of a Massachusetts-based plumbing contractor in a licensing enforcement action by the Connecticut Department of Consumer Protection, in which the contractor was accused of violating multiple “occupational trade” regulations pertaining to plumbing work by performing work without a license, and which was resolved without the imposition of any fines or sanctions against the contractor.

• Representation of a general contractor involving claims for nonpayment and foreclosure of a mechanic’s lien in excess of $3,500,000, arising from a project for the renovation of a the YMCA in Greenwich, Connecticut.

• Representation of a general contractor involving claims against Greenwich, Connecticut for project delays, disruptions and the recovery of additional costs caused by owner-caused design delay and defective design, arising out of project for the renovation of public elementary school.

• Developed a comprehensive compliance program for a prominent regional construction contractor to address federal and state statutory and regulatory requirements imposed on construction contractors involved in federal and federally funded government contracting, as a conciliatory measure necessary to resolve an investigation by the Office of Inspector General for the United States Department of Transportation concerning Disadvantaged Business Enterprise program noncompliance and program fraud.
 

Education

University of Connecticut (B.A. 2003)
Quinnipiac University School of Law (J.D. cum laude 2007)

Admissions

State of Connecticut
State of New York
U.S. District Court, District of Connecticut