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#105:  Nonmutual Arbitration Agreements

NH Construction Law

Sphere Drake Insurance, PLC , 202 F.3d 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). Are they nevertheless enforceable in New Hampshire? Such unilateral arbitration clauses are viewed by some courts with disfavor. See DiMercurio v. 3d 71, 81 (1st Cir. 311 F.Supp.3d

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#91:  Liability Insurance for a Subcontractor's Defective Work

NH Construction Law

“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” When the subcontractor installed the expansion joints in the steam boiler and related piping backwards, the heating system got damaged.

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

NH Construction Law

No New Hampshire case has yet considered whether the same result obtains under state law, but the same logic applies. Outside of New Hampshire there is a split of authority on the question. citations omitted] By its terms the bond insured the faithful performance of the contract. Westar Engineering , 290 F.3d

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

NH Construction Law

In Amerisure Insurance Co. Selective Insurance Group, Inc. Where does New Hampshire stand on all of this? .” Some courts go further, and restrict flow down clauses to items involving performance of work unless the clause explicitly states otherwise. 2023 WL 3311879 (2d Cir., ” Id. ” Id.

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

NH Construction Law

A few weeks later Annex sent Skyrise a six-page “Agreement Between Contractor and Subcontractor,” containing the general parameters of the agreement, along with a fourteen-page Exhibit A labeled “Subcontract General Conditions” detailing subjects such as timing, payment terms, insurance, modifications, and dispute resolution.

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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.

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#85:  Who Decides Arbitrability?

NH Construction Law

But in New Hampshire at least, if the parties’ contract allows one or both of them to elect either litigation or AAA arbitration for resolving contractual disputes, and one of the parties then insists on arbitration in accordance with AAA rules, that clarity and unmistakability are lost and the court will decide the arbitrability issue.

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