Liability 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 21, 2024
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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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
JUNE 30, 2022
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. Simmons Co.,
NH Construction Law
FEBRUARY 27, 2021
A recent New Hampshire 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. Ambrose Development, LLC , No.
NH Construction Law
MARCH 28, 2024
It is generally recognized by New Hampshire 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).
NH Construction Law
MAY 20, 2023
When that is the case, can a general contractor with a pay-if-paid provision in its subcontracts hide behind that provision when the reason for owner nonpayment is the general contractor’s own default? New Hampshire employs the same general rule.) JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d at 1201.
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