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. ”) Parsing of claims and theories, and furnishing a defense to only the covered ones, is not allowed. Many professional liability policies have them.

Insurance 40

Insurance Liability Defense New Hampshire 40

NH Construction Law

DECEMBER 19, 2020

It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 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.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

NH Construction Law

JUNE 30, 2020

A few years back I blogged (#24) on the Spearin doctrine, which holds that adherence to government-imposed design specifications absolves the contractor from contract liability to the government when the finished product fails to perform as intended. Spearin does not address tort liability to third parties injured by defective designs.

Contractors 40

Contractors Liability United States Defense 40

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. In the residential setting, New Hampshire’s opportunity to repair statute, RSA 359-G:4 , comes into play here. But what about a building under construction?

Inspections 40

Inspections New Hampshire Claims Construction 40

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

NH Construction Law

NOVEMBER 7, 2018

Some months back I blogged (#59) on New Hampshire’s “Right to Repair” statute, RSA 359-G , and I noted its limitations and lack of teeth. First, not doing so may doom any mitigation of damages defense down the road. See B erkshire Medical Center, Inc. Marx, Inc. , 3d 71, 78 (1st Cir.

Contractors 40

Contractors Claims Defense Liability 40

Buisness Facilities Contributed Content

APRIL 15, 2014

If a business entity invests in a qualifying project that meets certain requirements and is approved by the Alabama Department of Revenue, and maintains minimum annual requirements, the company may receive an annual credit against its income tax liability generated from the qualifying project.

Income 108

Income Finance Zoning Employment 108