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#139:  Constitutionality of Federal Set-Asides for Disadvantaged Contractors

NH Construction Law

Federal construction contracts worth billions of dollars have gone to such businesses through programs administered by the states. 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.

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#107:  "Prevailing Party" Attorneys' Fees Provisions

NH Construction Law

Contracting parties can and often do agree that in the event of litigation between them, the “prevailing party” will be paid his attorneys’ fees incurred in the fight. in attorneys’ fees to a homeowner who sued for $12,400 and won a $6,800 jury verdict on a breach of contract claim. And sometimes it is.

Claims 40
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#85:  Who Decides Arbitrability?

NH Construction Law

Although arbitration clauses are common in many types of contracts and particularly in construction contracts, the contracting parties sometimes differ on their enforceability or their application to particular disputes. New York Life Insurance Company , 2019 DNH 190, No. Dean Witter Reynolds, Inc. , 79, 84 (2002).

Claims 40
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#67:  Paying Your Subcontractor's Employees

NH Construction Law

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 hey, who ever said that general contracting was risk-free? RSA 275:46.