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#135:  Unconscionable Arbitration Agreements

NH Construction Law

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” No New Hampshire case has yet found an arbitration’s delegation provision unconscionable due to financial hardship. ” Id. ” Rosen v.

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#85:  Who Decides Arbitrability?

NH Construction Law

But in New Hampshire at least, if the parties’ contract allows one or both of them to elect either litigation or AAA arbitration for resolving contractual disputes, and one of the parties then insists on arbitration in accordance with AAA rules, that clarity and unmistakability are lost and the court will decide the arbitrability issue.

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

NH Construction Law

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. ,

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#122:  Construction Loan Disbursement Pitfalls

NH Construction Law

New Hampshire Savings Bank , 131 N.H. If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? Nor does a negligence claim against the inspector appear promising. That puts the owner/borrower in a pickle.

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#67:  Paying Your Subcontractor's Employees

NH Construction Law

Like many states, New Hampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. RSA 275:46.

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#103:  Contracting Online

NH Construction Law

​The time-honored method for parties to signify their agreement to a contract – a signature on a piece of paper – has had to adapt to the digital age, and the law has adapted with it. Electronic signatures were declared valid in New Hampshire in 2001 with the enactment of the Uniform Electronic Transactions Act, RSA 294-E.

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#119:  Quantum Meruit vs Unjust Enricment

NH Construction Law

Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” As our federal court has noted, “New Hampshire cases do not clearly differentiate between theories of unjust enrichment and quantum meruit.” ” Eastern Electric Corp.

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