Claims New Hampshire Subcontracting 
NH Construction Law
DECEMBER 19, 2020
If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? No New Hampshire case has yet considered whether the same result obtains under state law, but the same logic applies.
NH Construction Law
JULY 22, 2023
Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. Where does New Hampshire stand on all of this?
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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. But even on private projects written subcontracts can reserve the right to inspect subcontractor payroll records. RSA 275:46. How does a GC protect itself? § 5.5(a)(6).)
NH Construction Law
APRIL 26, 2022
A few years back I blogged ( #84 ) that owners generally lack “third party beneficiary” rights required in order to enforce subcontracts. Still other courts allow homeowners to bring negligence claims against subcontractors regardless of recourse against the builder-vendor. Sienna Court Condominium Ass’n v.
NH Construction Law
DECEMBER 22, 2019
If we look no further than this language, the first of these two methods of establishing third party beneficiary status appears to be a perfect fit in the usual owner-contractor-subcontractor relationship: through his subcontract, the subcontractor (promisor) is rendering a performance that the general contractor (promisee) owes to the owner.
NH Construction Law
AUGUST 11, 2018
A&M’s subcontract required it to assume full responsibility for implementing safety programs on the project, to maintain all work areas in a safe manner, and to furnish all safety equipment. The New Hampshire Supreme Court disagreed. Jones Lang Lasalle Construction Co. , 203 (2018), provides some guidance.
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. 581 (2004).
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