Green Building Law Update

JANUARY 5, 2020

And significantly there is no defense for an issued permit or claim of preemption by other state or federal laws. The partnership’s complaint asks the court to declare the voter enactment unconstitutional on several grounds and also claims it violates a variety of state laws.

New Hampshire 218

New Hampshire Legal Claims DC 218

NH Construction Law

JANUARY 30, 2022

1990) (applying New Hampshire law) (“If some of the claims against the insured fall within the terms of coverage, and some without, the insured must still defend the entire claim (at least until it is apparent that no recovery under the covered theory can be had).”) City of Keene , 898 F.2d

Insurance 40

Insurance Liability Defense New Hampshire 40

NH Construction Law

SEPTEMBER 5, 2020

Parties to a lawsuit, or who reasonably should anticipate future litigation, have a duty not to destroy evidence crucial to their opponents’ claims or defenses. In the residential setting, New Hampshire’s opportunity to repair statute, RSA 359-G:4 , comes into play here. Golke , 768 N.W.2d 2d 729, 737 (Wis.

Inspections 40

Inspections New Hampshire Claims Construction 40

NH Construction Law

JUNE 30, 2020

Overlapping the “derivative sovereign immunity” defense is the so-called “government contractor defense” to liability for procurement of negligently designed equipment, articulated in Boyle v. ” 28 U.S.C. § § 2680(a). Campbell-Ewald Co. , United Technologies Corp. , Malesko , 534 U.S.

Contractors 40

Contractors Liability United States Defense 40

NH Construction Law

FEBRUARY 25, 2018

If the owner sues the contractor for breach of contract and the contractor prevails, the contractor’s defense costs should be recoverable as damages in an action by the contractor against the design professional. attorney fees. thereby suffered or incurred in the earlier action.” attorney fees. Provider Power, LLC , 170 N.H.

New Hampshire 40

New Hampshire Injury Contract Claims 40

NH Construction Law

JULY 21, 2019

How many bites at the apple is a litigant given to prove his claim? This principle finds expression in a legal doctrine called res judicata , also known as claim preclusion, which “prevents parties from relitigating matters actually litigated and matters that could have been litigated in the first action.”

Claims 40

Claims New Hampshire Insurance Employment 40

NH Construction Law

DECEMBER 19, 2020

It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 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.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40