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When a contractor or subcontractor is sued for defective workmanship, one of his first thoughts is likely to be whether the damages are covered by his liability insurance. Many professional liability policies have them. Few commercial general liability policies do.) Titan Holdings Syndicate, Inc. City of Keene , 898 F.2d
“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” ” Will NewHampshire reach the same conclusion? Vector Construction Co. , 185 Mich.App. ” McAllister v Peerless Ins.
Thus far, in NewHampshire at least, this rule has been applied only to personal injury, not to property damage. Naturally any GC will insist that its subs carry liability insurance to cover any damages resulting from its negligence, and will have its own insurance as well. ’” Arthur v. Guitarini v.
2002) (“Thus, the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it consistent with the rights and obligations created under the Miller Act.”). Outside of NewHampshire there is a split of authority on the question.
A few years back I blogged (#24) on the Spearin doctrine, which holds that adherence to government-imposed design specifications absolves the contractor from contract liability to the government when the finished product fails to perform as intended. Spearin does not address tort liability to third parties injured by defective designs.
NewHampshire’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.” NewHampshire courts may well take this approach.
In NewHampshire, attorneys’ fee awards take into account “ the amount involved , the nature, novelty, and difficulty of the litigation, the attorney’s standing and the skill employed, the time devoted, the customary fees in the area, the extent to which the attorney prevailed , and the benefit thereby bestowed on his clients.”
The duty to preserve material evidence extends not just to documents and records, but also to physical items (for instance, in a products liability case the defective product itself). In the residential setting, NewHampshire’s opportunity to repair statute, RSA 359-G:4 , comes into play here. JMC Development Co.,
Still, contracts excusing a party from liability for the harm he causes have never been favorites of the courts, which often show a willingness to entertain exceptions to the enforceability of such clauses. Because freedom of contract is an overarching principle in the law, courts generally enforce no-damages-for-delay clauses. ”).
.” The limited warranty at the end states that if the shingles fail in the first 30 years due to manufacturing defects, Manufacturer will pay to replace them according to a prorated formula (the longer into the 30 years, the lesser the Manufacturer’s liability) but excluding the costs of tear down, disposal and new installation.
Some months back I blogged (#59) on NewHampshire’s “Right to Repair” statute, RSA 359-G , and I noted its limitations and lack of teeth. Second, the offer, if rejected, cannot be used against the contractor in court as evidence that he admitted liability.
If a business entity invests in a qualifying project that meets certain requirements and is approved by the Alabama Department of Revenue, and maintains minimum annual requirements, the company may receive an annual credit against its income tax liability generated from the qualifying project.
It is generally recognized by NewHampshire courts that “[f]ailure to comply with the specific statutory provisions of perfecting a mechanics lien is usually fatal,” Alex Builders & Sons, Inc. Danley , 161 N.H. 19, 23 (2010).
A recent NewHampshire Superior Court case applied the covenant to restrict a contractor’s right to terminate a subcontractor “for convenience” – the ultimate exercise of discretion – before the subcontractor even starts work, simply in order to try to obtain a better price. .”
The NewHampshire Supreme Court disagreed. The Court ruled that winter roofing work itself is not inherently dangerous; rather, the employee created a new and unanticipated danger when he used a torch and solvent without proper gloves.
The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”
It is a credit of five percent of the capital costs of a qualifying project, to be applied to the Alabama income tax liability or financial institution excise tax generated by the project income, each year for 20 years. The credit is 20 percent of the actual costs limited to the employer’s income tax liability.
Why GPS Fleet Tracking and Management is an Invaluable Technology for Owners & Managers GPS fleet tracking is an invaluable tool for construction businesses wanting to protect their assets, minimize liability, and reduce costs. mhodges Mon, 06/03/2024 - 15:42 Buckle up for safety.
A purpose-built solution that aims to eradicate the tedium and liability associated with money flow management in construction, this tool offers complete visibility into every stage of an invoice’s life cycle — from conception to completion. Greg Ragsdale. Wed, 04/07/2021 - 14:54.
Taxpayers may apply 10 percent of the total credit amount per year over a ten-year period against their corporate business tax, insurance premiums tax or gross income tax liability. New England U.S. Tenants in a qualified business facility can represent at least $17.5 Great Lakes U.S. - Mid Atlantic U.S. - Plains U.S. Southeast U.S.
They work with construction clients to bridge the gap between their liabilities and protecting their assets while bringing innovative vision to insurance broking to solve a company’s risk challenges. Do Not Sell My Personal Information. Author Bio Richard Kohn and William Lathem are Risk Consultants at Cobbs Allen.
They work with construction clients to bridge the gap between their liabilities and protecting their assets while bringing innovative vision to insurance broking to solve a company’s risk challenges. Do Not Sell My Personal Information. Author Bio Richard Kohn and William Lathem are Risk Consultants at Cobbs Allen.
Five states—Louisiana, North Carolina, Wyoming, NewHampshire and Oregon—improved their scores by more than 10 points compared to last year’s Index.]. If the credit exceeds the tax liability, the remaining credit is refundable. The maximum amount of the credit cannot exceed $250,000 for investors.
Because only the Department of Labor’s interpretation of the FLSA is governed by the new rule, state laws are unaffected by it. There is accordingly no universal standard, meaning that employers/hirers may face liabilities under one law and not under another.
The Unity Home , a 1,650 square foot demonstration show house proposed to be LEED for Homes v4 Platinum, net zero energy when it is relocated to its permanent home in NewHampshire was very impressive. Much of what was new was the rollout of GBCI’s “partner” relationships with GRESB, PEER, SITES, and WELL.
Once again I am moved to blog (see #31 , #37 , #91 ) on Commercial General Liability (“CGL”) insurance coverage for defective workmanship. NewHampshire’s Supreme Court has said that it does not, Cogswell Farm Condo. Hence, in NewHampshire at least, non- defective work damaged by defective work may be covered.
at last look, NewHampshire’s work force has been unable to meet the demand for labor, resulting in a dearth of manpower for most industries – including construction. To be sure, there are many undocumented immigrants who would like to work, including in NewHampshire. With unemployment hovering around 2.5%
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