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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.”.
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.
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.
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.”
NewHampshire’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.” NewHampshire courts may well take this approach.
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 NewHampshire Supreme Court recently had this “tort of another” doctrine on its plate in Halifax-American Energy Co., Partnership , 169 N.H.
59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in NewHampshire. Appeals of Industrial Consultants, Inc. Fortune & Company , ASBCA No.
1990) (applying NewHampshire 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
in attorneys’ fees to a homeowner who sued for $12,400 and won a $6,800 jury verdict on a breach of contract claim. I have seen several NewHampshire courts cut down an award of fees where outcome and bill are wildly disparate. A recent case from Tennessee affirmed an award of $201,255.50 Issa Construction, LLC, v.
59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in NewHampshire. Appeals of Industrial Consultants, Inc. Fortune & Company , ASBCA No.
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.” 2018 WL 3237974 (N.H.
NewHampshire Savings Bank , 131 N.H. If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legalclaim 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.
Electronic signatures were declared valid in NewHampshire in 2001 with the enactment of the Uniform Electronic Transactions Act, RSA 294-E. NewHampshire’s first foray into this quagmire seems to be Ford v. Those websites should be designed so as to minimize claims of surprise and lack of assent.
But there is a gloss on this description of the test; the contract must also indicate “that the parties considered the third party’s legal status and intended to confer upon him a right to sue the promisor.” ” Id. ” Lazovitz, Inc. Saxon Construction, Inc. , 2d 588, 591 (11th Cir. State Dept.
A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. NewHampshire employs the same general rule.)
State Credits available against the Corporate Income Tax: Education Credit (AS 43.20.014): Taxpayers that contribute to vocational education programs or accredited Alaska universities or colleges for educational purposes or facilities may claim a tax credit for 50% of the first $100,000, 100% of the next $200,000, and 50% of further contributions.
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.
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