NH Construction Law

AUGUST 27, 2021

One New Hampshire court has said that “[t]he total cost method is a ‘theory of last resort for use in those extraordinary circumstances where no other way to compute damages was feasible.” While the latter is preferable to the former, neither method matches the “measured mile” in persuasiveness.

Claims 40

Claims Products Comparison New Hampshire 40

Construction Dive

JANUARY 29, 2014

On a federal prison project in New Hampshire, state environmental regulatory authorities imposed limitations and restrictions on cut-and-fill activities, which greatly increased the contractor’s estimated costs and performance time. Reasonable enough; code compliance is an inherent aspect of performing construction work.

Regulation 52

Regulation Contractors New Hampshire OSHA 52

NH Construction Law

NOVEMBER 24, 2023

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.

New Hampshire 40

New Hampshire North Carolina Claims Ohio 40

Best Practices Construction Law

NOVEMBER 19, 2019

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.

Contract 67

Contract New Hampshire Contractors Claims 67

NH Construction Law

APRIL 24, 2019

In this respect it is unlike the statute of limitations, RSA 508:4 , whose three-year clock does not start ticking until the claim “accrues” -- which may be more than three years after the breach of duty occurs if the breach and resulting injury were neither discovered nor reasonably discoverable until later.

Claims 40

Claims New Hampshire Injury Inspections 40

NH Construction Law

FEBRUARY 25, 2018

” The New Hampshire Supreme Court recently had this “tort of another” doctrine on its plate in Halifax-American Energy Co., The lower court’s jury instructions certainly had some legs; there is precedent in New Hampshire for an award of attorneys’ fees incurred in litigating with a third party.

New Hampshire 40

New Hampshire Injury Contract Claims 40

NH Construction Law

APRIL 26, 2024

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” No New Hampshire case has yet found an arbitration’s delegation provision unconscionable due to financial hardship. ” Id. ” Rosen v.

Agreement 40

Agreement New Hampshire Texas 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

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

Best Practices Construction Law

JUNE 28, 2022

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.

Contract 62

Contract New Hampshire Contractors Office 62

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. Indeed, upon being notified of a claimed defect that could lead to litigation, the party alleged to be responsible may have some duty to affirmatively seek an inspection.

Inspections 40

Inspections New Hampshire Claims Construction 40

NH Construction Law

NOVEMBER 26, 2021

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 New Hampshire 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.

Claims 40

Claims New Hampshire Liability Contract 40

NH Construction Law

APRIL 26, 2022

2018) (“The purchaser of a newly constructed home may not pursue a claim for breach of an implied warranty of habitability against a subcontractor where there is no contractual relationship.”). Still other courts allow homeowners to bring negligence claims against subcontractors regardless of recourse against the builder-vendor.

Subcontracting 40

Subcontracting New Hampshire Claims Illinois 40

NH Construction Law

SEPTEMBER 26, 2024

New Hampshire’s administration of the program is described here. There are hundreds of DBE-certified businesses in New Hampshire, including some out of state businesses. Nothing prevents any non-DBE contractor who bids on federally-funded projects from bringing suit in New Hampshire on the exact same grounds.

Discrimination 40

Discrimination New Hampshire Contractors DOT 40

NH Construction Law

JUNE 30, 2020

6 (2001) (citing Boyle and noting that “[w]here the government has directed a contractor to do the very thing that is the subject of the claim, we have recognized this as a special circumstance where the contractor may assert a defense”). ” 28 U.S.C. § § 2680(a). Malesko , 534 U.S.

Contractors 40

Contractors Liability United States Defense 40

NH Construction Law

MARCH 28, 2024

It is generally recognized by New Hampshire 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. Danley , 161 N.H.

Lien 40

Lien Accounting Claims New Hampshire 40

NH Construction Law

JANUARY 12, 2020

But in New Hampshire at least, if the parties’ contract allows one or both of them to elect either litigation or AAA arbitration for resolving contractual disputes, and one of the parties then insists on arbitration in accordance with AAA rules, that clarity and unmistakability are lost and the court will decide the arbitrability issue.

Claims 40

Claims Contract Agreement New York 40

NH Construction Law

MAY 28, 2018

Like many states, New Hampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. RSA 275:46.

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

NH Construction Law

DECEMBER 19, 2020

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. Westar Engineering , 290 F.3d 3d 1199, 1206 (9th Cir. See General Electric Co. Dole Co. , Dole Co. , Pace Construction Corp. ,

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Pro Builder

SEPTEMBER 3, 2020

New Hampshire's Recovery Friendly Workplace initiative is doing just that by educating employers and employees and providing much-needed resources . New Hampshire Governor Christopher Sununu is also a ski lodge owner/operator and has seen the struggle of hospitality and restaurant employees with opioid addiction firsthand.

Employment 111

Employment Resource New Hampshire Organization 111

NH Construction Law

NOVEMBER 7, 2018

Some months back I blogged (#59) on New Hampshire’s “Right to Repair” statute, RSA 359-G , and I noted its limitations and lack of teeth. Most contractors facing a plausible claim for defective work will want to make the offer of repair right away, for two reasons. See B erkshire Medical Center, Inc.

Contractors 40

Contractors Claims Defense Liability 40

NH Construction Law

FEBRUARY 25, 2023

New Hampshire 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.

Banking 40

Banking Inspections Construction Lien 40

NH Construction Law

OCTOBER 7, 2018

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.

Lien 40

Lien Claims Contract New Hampshire 40

NH Construction Law

MARCH 26, 2023

If an initial court challenge to the lien fails, the general contractor may well be coerced into an unfavorable settlement of the lienor’s claim. To my knowledge no New Hampshire court has held that the mere existence of the bond prevents subcontractors and suppliers from pursuing their statutory lien rights.

Lien 40

Lien Subcontracting New Hampshire Bargains 40

Best Practices Construction Law

MAY 5, 2017

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.

Contract 48

Contract New Hampshire Contractors Office 48

NH Construction Law

AUGUST 11, 2018

He couldn’t sue A&M due to the Workers’ Compensation Law’s exclusivity provision, but he could and did sue the GC and the owner, claiming that they owed him a duty to maintain a safe working environment. The New Hampshire Supreme Court disagreed.

Subcontracting 40

Subcontracting Safety Compensation Claims 40

NH Construction Law

JULY 31, 2021

Electronic signatures were declared valid in New Hampshire in 2001 with the enactment of the Uniform Electronic Transactions Act, RSA 294-E. New Hampshire’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.

Contract 40

Contract New Hampshire Agreement New Jersey 40

NH Construction Law

JULY 26, 2020

Skanska made a claim against the policy which, in typical fashion, indemnified the insured for liability on account of property damage “only if: (1) The. ” Will New Hampshire reach the same conclusion? Vector Construction Co. , 185 Mich.App. ” McAllister v Peerless Ins.

Insurance 40

Insurance Liability Accidents Michigan 40

NH Construction Law

MARCH 26, 2022

No time limitation is included in these clauses, so the general statute of limitations for contract cases applies (in New Hampshire, three years from discovery of the defect). .” Almost identical language is found in Section 3.8.1 Then there is A201 Section 12.2.2.1, ” Section 3.9.1

Contract 40

Contract EJCDC Documentation Claims 40

NH Construction Law

JULY 22, 2023

Where does New Hampshire stand on all of this? ” The State paid the general contractor per square yard of finished concrete surface excluding curbs, but the Supreme Court held that this wasn’t binding with respect to the subcontractor’s claim against the general contractor, id. Case Atlantic Co. , 121 F.Supp.3d

Subcontracting 40

Subcontracting Contract Contractors New Hampshire 40

NH Construction Law

MAY 20, 2023

New Hampshire employs the same general rule.) Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner. ” 286 A.3d 3d at 1201.

Contractors 40

Contractors Bargains New Hampshire Contract 40

NH Construction Law

NOVEMBER 25, 2022

Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” As our federal court has noted, “New Hampshire cases do not clearly differentiate between theories of unjust enrichment and quantum meruit.” ” Eastern Electric Corp.

Equity 40

Equity Legal Contract New Hampshire 40

NH Construction Law

APRIL 3, 2023

As I write this on the centennial of the New Hampshire Supreme Court’s decision in Osgood Construction Co. Claremont , 81 N.H. 29 (1923), it remains one of the most interesting contract decisions I have yet encountered. that local stone might be used if it proved to be suitable.” ” Id.

Bidding 40

Bidding Concrete Risk New Hampshire 40

NH Construction Law

MARCH 13, 2019

” Depriving a terminated contractor of an opportunity to cure defects was likewise the basis for rejecting defective workmanship claims in TRG Construction, Inc. How New Hampshire courts will rule on the matter will undoubtedly depend on the precise clause at issue. Water & Sewer Authority , 70 A.3d

Subcontracting 40

Subcontracting Contract New Hampshire Contractors 40

NH Construction Law

DECEMBER 22, 2019

The main benefit to an owner in having a valid breach-of-contract claim against a subcontractor is avoidance of the "economic loss rule" precluding recovery for the subcontractor's negligent performance (see Blog # 29). They will merely be incidental beneficiaries, with no contract right of recovery against the subcontractors.

Subcontracting 40

Subcontracting Contract New Hampshire Legal 40

NH Construction Law

JUNE 30, 2022

Still, contracts excusing a party from liability for the harm he causes have never been favorites of the courts, which often show a willingness to entertain exceptions to the enforceability of such clauses. ” Tricon Kent Co.

Liability 40

Liability Contract Iowa Contractors 40

NH Construction Law

FEBRUARY 29, 2020

The general nature of activities that will not extend the 120-day life of the lien has been the subject of few New Hampshire Supreme Court cases. A would-be lienor who returned to the jobsite to do something which he hopes has reset the clock may find that he has waited too long. Tolles-Bickford Lumber Co. Tilton School , 98 N.H.

Lien 40

Lien Contract New Hampshire Materials 40