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When Trees Sue for their Own Environmental Preservation

Green Building Law Update

And we are now seeing that legal doctrine legislatively implemented such that Mother Nature is now a proper person to pursue adjudication. This may be the first time in America that an ecosystem has been given the legal status of a “person.”.

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#144:  What Is a “Material” Breach Justifying Contract Termination?

NH Construction Law

When an owner hires a contractor to perform work, there is an expectation that the contractor will adhere to the express and implied contract terms, the ultimate goal being to build what the contract calls for in a proper, safe and timely manner, free of claims from injured third parties or unpaid suppliers and subcontractors. In McNeal v.

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Proceed Wisely, Ninja Contractor, Because Suing Your DOT May Have Limitations

Best Practices Construction Law

For you Ninja contractors, it’s a good thing to fully understand your potential recovery before you spend countless months and thousands of dollars pursuing a claim against your state DOT for breach of contract, misrepresentation or other cause of action. million on its negligent misrepresentation claim. 3d 1136 (N.H.

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#79:  Res Judicata and the Privity Element

NH Construction Law

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.”

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#131:  Applying Statutes of Limitations in Arbitration Proceedings

NH Construction Law

New Hampshire’s three-year statute of limitations for filing lawsuits, RSA 508:4 , states “Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of.” New Hampshire courts may well take this approach.

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#64:  Recovering Attorneys' Fees as Damages

NH Construction Law

Legal fees incurred by A in the skirmish with B may be recovered from C as damages , i.e., as the natural and foreseeable consequence of C’s wrongful conduct. ” The New Hampshire Supreme Court recently had this “tort of another” doctrine on its plate in Halifax-American Energy Co., Partnership , 169 N.H.

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When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.

Best Practices Construction Law

59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in New Hampshire. Appeals of Industrial Consultants, Inc. Fortune & Company , ASBCA No.