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When Trees Sue for their Own Environmental Preservation

Green Building Law Update

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.

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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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#104:  Proving Lost Productivity Claims

NH Construction Law

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.

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Should Federal Project Owners Protect Contractors from Rogue State Regulators?

Construction Dive

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.

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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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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.

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#76:  Indemnity and the Statute of Repose

NH Construction Law

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.

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