article thumbnail

#131:  Applying Statutes of Limitations in Arbitration Proceedings

NH Construction Law

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.

article thumbnail

When Trees Sue for their Own Environmental Preservation

Green Building Law Update

And we are now seeing that legal doctrine legislatively implemented such that Mother Nature is now a proper person to pursue adjudication. This may be the first time in America that an ecosystem has been given the legal status of a “person.”.

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

#120:  Addressing the Shortage of Construction Workers

NH Construction Law

at last look, New Hampshire’s work force has been unable to meet the demand for labor, resulting in a dearth of manpower for most industries – including construction. To be sure, there are many undocumented immigrants who would like to work, including in New Hampshire. With unemployment hovering around 2.5%

article thumbnail

Building a Great Safety Culture Takes a Commitment to Training

Construction Business Owner

The reasons are clear and fundamental: from staying alive to being there for family, and from avoid life-changing injuries to saving money, mitigating legal risk and gaining productivity. Why is safety so important? These are the basics of a good life for workers, and good business for construction companies.

Safety 296
article thumbnail

#119:  Quantum Meruit vs Unjust Enricment

NH Construction Law

Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” As our federal court has noted, “New Hampshire cases do not clearly differentiate between theories of unjust enrichment and quantum meruit.” ” Eastern Electric Corp.

Equity 40
article thumbnail

#130:  Secured Lenders' Rights to Construction Contract Payments

NH Construction Law

Can the recipient of the notice – in legal parlance, an “account debtor” – ignore the lender’s demand and continue to pay his contractor or subcontractor? ” Thus far New Hampshire has enacted no such protective law for homeowners. (A Not unless he is prepared to pay twice! 543, 553, 984 N.E.2d

article thumbnail

#105:  Nonmutual Arbitration Agreements

NH Construction Law

Are they nevertheless enforceable in New Hampshire? A legal doctrine called “mutuality of obligation” – or in lay terms, if both sides are not bound, neither side is – comes into play here. Sphere Drake Insurance, PLC , 202 F.3d 3d 71, 81 (1st Cir. Maverick Construction Management Services, Inc.