2017, Claims and New Hampshire - Professional Constructor Central

When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.

Best Practices Construction Law

NOVEMBER 19, 2019

59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in New Hampshire. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance. Appeals of Industrial Consultants, Inc. Fortune & Company , ASBCA No.

Contract

Contract New Hampshire Contractors Claims

#131: Applying Statutes of Limitations in Arbitration Proceedings

NH Construction Law

NOVEMBER 24, 2023

New Hampshire’s three-year statute of limitations for filing lawsuits, RSA 508:4 , states “Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of.” New Hampshire courts may well take this approach.

New Hampshire

New Hampshire North Carolina Claims Ohio

When is a Contractor’s Termination for Default Proper? When it Does Bad Things!

Best Practices Construction Law

JUNE 28, 2022

59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in New Hampshire. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance. Appeals of Industrial Consultants, Inc. Fortune & Company , ASBCA No.

Contract

Contract New Hampshire Contractors Office

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Breaking Ground on Better Payment Processes: Strategies for Construction Pros

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#96: Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

DECEMBER 19, 2020

No New Hampshire case has yet considered whether the same result obtains under state law, but the same logic applies. Outside of New Hampshire there is a split of authority on the question. Westar Engineering , 290 F.3d 3d 1199, 1206 (9th Cir. See General Electric Co. Dole Co. , Dole Co. , Pace Construction Corp. ,

Subcontracting

Subcontracting New Hampshire Liability Defense

#73: Do Contractors Have a Right to Fix Their Own Defective Work?

NH Construction Law

NOVEMBER 7, 2018

Some months back I blogged (#59) on New Hampshire’s “Right to Repair” statute, RSA 359-G , and I noted its limitations and lack of teeth. Most contractors facing a plausible claim for defective work will want to make the offer of repair right away, for two reasons. See B erkshire Medical Center, Inc.

Contractors

Contractors Claims Defense Liability

When Is the Contractor’s Termination for Default Proper? When It Does Bad Things.

Best Practices Construction Law

MAY 5, 2017

59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in New Hampshire. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance. Appeals of Industrial Consultants, Inc. Fortune & Company , ASBCA No.

Contract

Contract New Hampshire Contractors Office

#111: The "One Year" Warranty: Myth and Reality

NH Construction Law

MARCH 26, 2022

The AIA’s popular A201 (2017) General Conditions imposes several warranty obligations on the contractor. No time limitation is included in these clauses, so the general statute of limitations for contract cases applies (in New Hampshire, three years from discovery of the defect). The basic one is found in Section 3.5.1,

Contract

Contract EJCDC Documentation Claims

#127: Subcontract "Flow Down" of Prime Contract Terms

NH Construction Law

JULY 22, 2023

Article 2 of the popular AIA A401 (2017) is an example.) Where does New Hampshire stand on all of this? Exactly what duties these “flow down” clauses embrace can be less clear than a casual reading might suggest. Such was the case in Flatiron-Lane v. Case Atlantic Co. , 121 F.Supp.3d 3d 315, 551 (M.D.N.C. ” Id.

Subcontracting

Subcontracting Contract Contractors Insurance

#84: Owners' Third Party Beneficiary Rights Against Subcontractors

NH Construction Law

DECEMBER 22, 2019

The main benefit to an owner in having a valid breach-of-contract claim against a subcontractor is avoidance of the "economic loss rule" precluding recovery for the subcontractor's negligent performance (see Blog # 29). Interestingly, the popular AIA A401 (2017) subcontract form provides in section 1.5 ” Lazovitz, Inc.

Subcontracting

Subcontracting Contract New Hampshire Legal

State by State Incentives Guide

Buisness Facilities Contributed Content

APRIL 15, 2014

State Credits available against the Corporate Income Tax: Education Credit (AS 43.20.014): Taxpayers that contribute to vocational education programs or accredited Alaska universities or colleges for educational purposes or facilities may claim a tax credit for 50% of the first $100,000, 100% of the next $200,000, and 50% of further contributions.

Income

Income Finance Zoning Employment

STATE INCENTIVES GUIDE

Buisness Facilities Contributed Content

MARCH 21, 2014

The credit is valued at up to $9,000 over a 3-year period per each new employee and offers a 5-year carry forward provision for any unused tax credits. The program is capped at 10,000 new jobs being claimed each year by all participants; whereas a taxpayer is limited to a maximum of 400 new jobs per year.

Income

Income Finance Zoning Equipment

#83: The Impact of Bankruptcy on Perfecting a Mechanic's Lien

NH Construction Law

NOVEMBER 23, 2019

As discussed in an earlier blog (#60), in order to “perfect” a mechanic’s lien in New Hampshire the lienor must institute court action for the purpose of getting an attachment order, Topjian Plumbing Heating, Inc. ” Our question is whether New Hampshire’s mechanic’s lien statute is such a law.

Lien

Lien Bankruptcy New Hampshire Claims

Professional Constructor Central

When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.

#131: Applying Statutes of Limitations in Arbitration Proceedings

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When is a Contractor’s Termination for Default Proper? When it Does Bad Things!

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#96: Payment Bond Sureties and "Pay-if-Paid" Subcontracts

#73: Do Contractors Have a Right to Fix Their Own Defective Work?

When Is the Contractor’s Termination for Default Proper? When It Does Bad Things.

#111: The "One Year" Warranty: Myth and Reality

#127: Subcontract "Flow Down" of Prime Contract Terms

#84: Owners' Third Party Beneficiary Rights Against Subcontractors

State by State Incentives Guide

STATE INCENTIVES GUIDE

#83: The Impact of Bankruptcy on Perfecting a Mechanic's Lien

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