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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.
When a general contractor or lower tier subcontractor or supplier records a mechanic’s lien attachment on property, security for the lienor’s hoped-for judgment is achieved – but often something more, and perhaps unintended, is achieved. Consolidated Electrical Distributors Inc. Eclipse Construction, Inc. ;
The owner then counterclaims for the cost of correcting items of poor workmanship and for the cost of completing the unfinished work (which the owner claims will exceed the unpaid contract balance), and perhaps for delay damages as well. The lien is a matter of right so long as it is timely and properly perfected. D ’ Amour , No.
It is generally recognized by NewHampshire courts that “[f]ailure to comply with the specific statutory provisions of perfecting a mechanics lien is usually fatal,” Alex Builders & Sons, Inc. 536, 537 (1898), and owners need to know the amount of those claims in order to do so intelligently.
The requirement in RSA 447:9 that a mechanic’s lien must be secured within 120 days of the lienor’s last furnishing of labor or materials has occasionally spawned disputes over what counts as that last day. ’ Work of that nature could be found not to be such as to extend the duration of plaintiff’s lien.”
Like many states, NewHampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. any principal of the sub signing the lien waiver may also be liable to the general. RSA 275:46. If the sub falsely swears (it happens!),
NewHampshire Savings Bank , 131 N.H. If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim 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.
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.
NewHampshire’s mechanic’s lien statute, RSA 447:2 , gives a lien to those who “perform labor, provide professional design services, or furnish materials” to improve someone’s real estate. ” Pine Gravel, Inc. This approach is supported by a reference in Anderson v. Shattuck , 76 N.H.
As discussed in an earlier blog (#60), in order to “perfect” a mechanic’s lien in NewHampshire the lienor must institute court action for the purpose of getting an attachment order, Topjian Plumbing Heating, Inc. ” Our question is whether NewHampshire’s mechanic’s lien statute is such a law.
In NewHampshire, an owner generally owes no duty to subcontractors to see that they get paid. 6, 2023), decided by NewHampshire’s bankruptcy court. Because the total amount of the parties’ claims exceeded $33 million, the court was called upon to decide which of these interests had priority.
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