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Like many states, NewHampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. An insurance certificate showing that the sub has workers comp coverage should always be a prerequisite to allowing the sub to proceed. RSA 275:46.
But in NewHampshire 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.
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