NH Construction Law
JANUARY 30, 2022
When a contractor or subcontractor is sued for defective workmanship, one of his first thoughts is likely to be whether the damages are covered by his liability insurance. But if the plaintiff’s complaint also alleges some resulting property damage, however minor, the insurer is obliged to defend the lawsuit.
NH Construction Law
JULY 26, 2020
“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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NH Construction Law
NOVEMBER 24, 2023
New Hampshire’s three-year statute of limitations for filing lawsuits, RSA 508:4 , states “Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of.” New Hampshire courts may well take this approach.
NH Construction Law
JULY 21, 2019
How many bites at the apple is a litigant given to prove his claim? This principle finds expression in a legal doctrine called res judicata , also known as claim preclusion, which “prevents parties from relitigating matters actually litigated and matters that could have been litigated in the first action.”
NH Construction Law
APRIL 24, 2019
In this respect it is unlike the statute of limitations, RSA 508:4 , whose three-year clock does not start ticking until the claim “accrues” -- which may be more than three years after the breach of duty occurs if the breach and resulting injury were neither discovered nor reasonably discoverable until later.
NH Construction Law
SEPTEMBER 5, 2020
Parties to a lawsuit, or who reasonably should anticipate future litigation, have a duty not to destroy evidence crucial to their opponents’ claims or defenses. American Family Mutual Insurance Co. In the residential setting, New Hampshire’s opportunity to repair statute, RSA 359-G:4 , comes into play here.
NH Construction Law
JULY 22, 2023
In Amerisure Insurance Co. Selective Insurance Group, Inc. Where does New Hampshire stand on all of this? Such was the case in Flatiron-Lane v. Case Atlantic Co. , 121 F.Supp.3d 3d 315, 551 (M.D.N.C. 2023 WL 3311879 (2d Cir., ” Id. ” Id. Berke Moore Comp Atlantic Co. Phoenix Bridge Company , 98 N.H.
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