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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

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? JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so. ” 286 A.3d 3d at 1201.

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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. ” Summary judgment was entered for the painting subcontractor on liability, leaving for another day the issue of damages. Ambrose Development, LLC , No. 218-2020-CV-0585 (Rockingham County, February 26, 2021).