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For a list of NewHampshire economic development agencies that can help with the site selection process, visit our Online Site Seekers’ Guide. NewHampshire Government Contracting Assistance Center: A cooperative program of the NewHampshire Division of Economic Development and the U.S.
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 NewHampshire case has yet considered whether the same result obtains under state law, but the same logic applies.
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. Where does NewHampshire stand on all of this?
Like many states, NewHampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. But even on private projects written subcontracts can reserve the right to inspect subcontractor payroll records. RSA 275:46. How does a GC protect itself? § 5.5(a)(6).)
If we look no further than this language, the first of these two methods of establishing third party beneficiary status appears to be a perfect fit in the usual owner-contractor-subcontractor relationship: through his subcontract, the subcontractor (promisor) is rendering a performance that the general contractor (promisee) owes to the owner.
Many construction contracts and subcontracts provide for arbitration of disputes. Are they nevertheless enforceable in NewHampshire? While the NewHampshire Supreme Court has not announced which approach it favors, it has held in other contexts that mutuality of remedy is not a requirement of a valid contract.
A NewHampshire statute, RSA 511:48 , authorizes petitioning the court to allow substitution of a bond for an attachment, but the statute is not specific to mechanic’s liens – and a number of unreported Superior Court cases have declined to allow substitution of a bond for a mechanic’s lien. Hawkeye Funding, Ltd.
A few years back I blogged ( #84 ) that owners generally lack “third party beneficiary” rights required in order to enforce subcontracts. NewHampshire likewise recognizes the “independent duty” exception to the economic loss rule, but thus far only for parties in privity of contract. Lees , 162 N.H.
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 NewHampshire Supreme Court disagreed. Jones Lang Lasalle Construction Co. , 203 (2018), provides some guidance.
Many contracts specify that an owner may terminate a contractor, and many subcontracts specify that a contractor may terminate a subcontractor, either for cause (i.e., How NewHampshire courts will rule on the matter will undoubtedly depend on the precise clause at issue. for breach) or for “convenience” (i.e.,
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. Ambrose Development, LLC , No.
Electronic signatures were declared valid in NewHampshire in 2001 with the enactment of the Uniform Electronic Transactions Act, RSA 294-E. NewHampshire’s first foray into this quagmire seems to be Ford v. Netgear, Inc. Hillsborough-North No. 216-2019-CV-00704 (March 9, 2020).
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.
Thus far, in NewHampshire 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).
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).
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? NewHampshire employs the same general rule.) JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d at 1201.
2d 781 (1954) (“The provision of the subcontract giving defendant the right to direct the sequence or general progress of work does not release it from liability for delay. Brown Company, Inc. Simmons Co., 2d 132, 140, 118 N.E.2d ”).
Project managers must stay on top of subcontracted costs, bids, deadlines and materials while also juggling jobsite duties and office paperwork — an overwhelming task that is often fraught with stress. But it doesn’t have to be.
Pre-approved applicants creating or retaining jobs in Florida may receive tax refunds of $3,000 per net new Florida full-time equivalent job created or retained; $6,000 in an Enterprise Zone or rural county. NEWHAMPSHIRE – updated for 2014. For a list of state economic development agencies, click this link.
QUALIFIED DEFENSE AND SPACE CONTRACTOR TAX REFUND (QDSC): Florida defense, homeland security and space business contractors are given a competitive edge in consolidating contracts or subcontracts, acquiring new contracts or converting contracts to commercial production. NEWHAMPSHIRE. Department of Commerce, the U.S.
Eleven different Pennsylvania-based construction companies already have been subcontracted to do much of the work, and many more opportunities will be made available as the project goes forward. will be the team’s lead designer and Walsh Infrastructure Management will provide bridge maintenance over the life of the 25-year contract.
213-2019-CV-00221 (April 26, 2021), a case of first impression in NewHampshire. MacMillin was the general contractor on an assisted living facility project in Keene for Prospect Woodward Home, and subcontracted the plumbing and mechanical portion of the project to Denron. MacMillin Company, LLC , No.
NewHampshire’s mechanic’s lien statute, RSA 447:2 , gives a lien to those who “perform labor, provide professional design services, or furnish materials” to improve someone’s real estate. The lien “provides security against the property owner for the value of the labor or materials rendered.”
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