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“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 NewHampshire case has yet found an arbitration’s delegation provision unconscionable due to financial hardship. ” Id. ” Rosen v.
But in NewHampshire 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.
No NewHampshire case has yet considered whether the same result obtains under state law, but the same logic applies. Outside of NewHampshire 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. ,
NewHampshire 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.
Like many states, NewHampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. RSA 275:46.
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 NewHampshire in 2001 with the enactment of the Uniform Electronic Transactions Act, RSA 294-E.
Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” As our federal court has noted, “NewHampshire cases do not clearly differentiate between theories of unjust enrichment and quantum meruit.” ” Eastern Electric Corp.
Skanska made a claim against the policy which, in typical fashion, indemnified the insured for liability on account of property damage “only if: (1) The. ” Will NewHampshire reach the same conclusion? Westlake Investments, LLC , 880 N.W.2d Vector Construction Co. , 185 Mich.App. ” McAllister v Peerless Ins.
of ConsensusDocs 200 – Standard Agreement and General Conditions Between Owner and Constructor. No time limitation is included in these clauses, so the general statute of limitations for contract cases applies (in NewHampshire, three years from discovery of the defect). Then there is A201 Section 12.2.2.1,
Where does NewHampshire stand on all of this? ” The State paid the general contractor per square yard of finished concrete surface excluding curbs, but the Supreme Court held that this wasn’t binding with respect to the subcontractor’s claim against the general contractor, id. Case Atlantic Co. , 121 F.Supp.3d
NewHampshire employs the same general rule.) Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner. ” 286 A.3d 3d at 1201.
The trial court disallowed the setoff, and the appeals court agreed, ruling that “the text of the termination for convenience clause, in context, does not under the circumstances of this case permit Catamount to both terminate Steelwood without cause and subsequently proceed against Steelwood as if it had terminated the agreement for cause. [W]e
Still, contracts excusing a party from liability for the harm he causes have never been favorites of the courts, which often show a willingness to entertain exceptions to the enforceability of such clauses. ” Tricon Kent Co.
Must expand its labor force, make new capital investment, or prevent loss of employment. A business that applies for the exemption must enter into an agreement with the Governor of Alabama. The business must sign a job-creation agreement under the Advantage Arkansas program within 24 months of signing the Tax Back agreement.
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.
NewHampshire’s mechanic’s lien statute, RSA 447:2 , gives a lien to those who “perform labor, provide professional design services, or furnish materials” to improve someone’s real estate. The lien “provides security against the property owner for the value of the labor or materials rendered.”
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