Construction Dive

FEBRUARY 21, 2013

Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract. Sometimes, however, parties knowingly contract with the unlicensed. To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been.

Contractors 78

Contractors Bargains Subcontracting Claims 78

NH Construction Law

SEPTEMBER 28, 2021

Many construction contracts and subcontracts provide for arbitration of disputes. To be enforceable, contracts require “consideration,” a bargained-for exchange of value or promises of value on both sides. Some of them give just one of the parties an option to require arbitration. See DiMercurio v. Ancel, Inc.

Agreement 40

Agreement New Hampshire Subcontracting United States 40

NH Construction Law

FEBRUARY 27, 2021

In an earlier blog ( #62 ) I discussed the implied covenant of good faith and fair dealing that limits a contracting party’s exercise of the discretion afforded to it by the parties’ contract. Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. Ambrose Development, LLC , No.

Contract 40

Contract Subcontracting Deals Bidding 40

NH Construction Law

MARCH 26, 2023

The problem is not solved by prime contract provisions requiring a general contractor to promptly clear any lower tier mechanic’s liens or face having payments withheld. Otherwise, every payment bond would automatically convert every subcontract on the bonded project into a “no lien” subcontract. 581 (2004).

Lien 40

Lien Subcontracting New Hampshire Bargains 40

NH Construction Law

MAY 28, 2018

Before subcontracting any significant portion of a long term job to someone who isn’t known to be financially solvent, the wise general will ask for proof that the sub can carry the strain of weekly payroll through a monthly requisition procedure, with retainage. But hey, who ever said that general contracting was risk-free?

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

NH Construction Law

MAY 20, 2023

When that is the case, can a general contractor with a pay-if-paid provision in its subcontracts hide behind that provision when the reason for owner nonpayment is the general contractor’s own default? “Conditions in contracts are construed in accordance with their ordinary meaning.” JBC Merger Sub LLC v. 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

Contractor Bookkeeping

JULY 22, 2014

The harsh reality virtual bookkeeper traps I have shared with you come from reviewing hundreds of offers from virtual "Virtual Bookkeepers" to subcontract from us. Outsourced Contractor Bookkeeping Services like ours do not rely on in-house servers; or your servers, instead we contract with an Intuit Approved Commercial Hosting company.

Contractors 48

Contractors Accounting Office Documentation 48