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#135:  Unconscionable Arbitration Agreements

NH Construction Law

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” No New Hampshire case has yet found an arbitration’s delegation provision unconscionable due to financial hardship. ” Rosen v.

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#105:  Nonmutual Arbitration Agreements

NH Construction Law

2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). Are they nevertheless enforceable in New Hampshire? But it does suggest that in New Hampshire mutuality of obligation is to be searched for in the contract as a whole, rather than in individual clauses. 311 F.Supp.3d

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ABM’s Franchise Network Adds Location in New Hampshire

Contractor Magazine

ABM, a leading provider of integrated facility solutions, announced that its subsidiary ABM Franchising Group, LLC, has signed a franchise agreement with Palmer & Sicard, a full-service mechanical contracting company in New Hampshire. read more.

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#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.,

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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. Westar Engineering , 290 F.3d 3d 1199, 1206 (9th Cir. See General Electric Co. Dole Co. , Dole Co. , Pace Construction Corp. ,

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#122:  Construction Loan Disbursement Pitfalls

NH Construction Law

New Hampshire Savings Bank , 131 N.H. Worse, the contractor or one of its unpaid subcontractors could place a mechanic’s lien on the property – which is sure to result in a breach of the owner/borrower’s loan agreement! ” And such a voluntary undertaking is exceedingly rare.

Banking 40
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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.