article thumbnail

#123:  Bonding Around a Mechanic's Lien

NH Construction Law

When a general contractor or lower tier subcontractor or supplier records a mechanic’s lien attachment on property, security for the lienor’s hoped-for judgment is achieved – but often something more, and perhaps unintended, is achieved. Consolidated Electrical Distributors Inc. Eclipse Construction, Inc. ;

Lien 40
article thumbnail

#72:  Determining the Amount of a Mechanic's Lien

NH Construction Law

Suppose the contractor applied for and got a mechanic’s lien attachment on an ex parte basis in the full amount of his claims (unpaid balance, interest and anticipated attorneys’ fees). If the owner then files an objection to the lien and asks for a hearing, what will be grounds for the judge to reduce or eliminate the lien?

Lien 40
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

#142:  Are Lessees "Owners" Under the Mechanic's Lien Statute

NH Construction Law

New Hampshire’s mechanic’s lien statute, RSA 447:2 , gives a lien to those “erecting or repairing a house or other building or appurtenances. ” The lien is on “any material so furnished and on said structure, and on any right of the owner to the lot of land on which it stands.”

Lien 40
article thumbnail

#134:  30-Day Accountings for Subcontractor/Supplier Mechanic’s Liens

NH Construction Law

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). Bostwick , 69 N.H. But rarely are such amounts updated in 30-day intervals.

Lien 40
article thumbnail

#86:  Mechanic's Lien Deadlines and Additional Work

NH Construction Law

The requirement in RSA 447:9 that a mechanic’s lien must be secured within 120 days of the lienor’s last furnishing of labor or materials has occasionally spawned disputes over what counts as that last day. ’ Work of that nature could be found not to be such as to extend the duration of plaintiff’s lien.”

Lien 40
article thumbnail

#113:  Waiving the Right to Arbitrate

NH Construction Law

Nine of the eleven circuit courts of appeal, including the First Circuit which embraces New Hampshire, had said yes. Morgan ’s definition of waiver – “the intentional relinquishment or abandonment of a known right” – is identical to New Hampshire’s. Sundance, Inc. 2022 WL 1611788 (U.S.,

article thumbnail

#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. any principal of the sub signing the lien waiver may also be liable to the general. RSA 275:46. If the sub falsely swears (it happens!),