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New Hampshire Incentives and Workforce Development Guide

Buisness Facilities Contributed Content

For a list of New Hampshire economic development agencies that can help with the site selection process, visit our Online Site Seekers’ Guide. New Hampshire Government Contracting Assistance Center: A cooperative program of the New Hampshire Division of Economic Development and the U.S.

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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

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.

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#127:  Subcontract "Flow Down" of Prime Contract Terms

NH Construction Law

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. In Amerisure Insurance Co. 560 F.Supp.

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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. 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. How does a GC protect itself?

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#105:  Nonmutual Arbitration Agreements

NH Construction Law

Many construction contracts and subcontracts provide for arbitration of disputes. Sphere Drake Insurance, PLC , 202 F.3d Sphere Drake Insurance, PLC , 202 F.3d Are they nevertheless enforceable in New Hampshire? Some of them give just one of the parties an option to require arbitration. See DiMercurio v.

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#137:  Liability for Negligent Selection of Subcontractors

NH Construction Law

Thus far, in New Hampshire at least, this rule has been applied only to personal injury, not to property damage. Subcontracting to someone with scant experience but who “talks a good game” likely won’t cut it. ’” Arthur v. Holy Rosary Credit Union , 139 N.H. 463, 468 (1995) (citations omitted).

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#88   Battle of the Forms: When Is There an Enforceable Contract?

NH Construction Law

When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.