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#109:  Liability Insurers' Duty to Defend

NH Construction Law

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. Many professional liability policies have them. Few commercial general liability policies do.) Titan Holdings Syndicate, Inc. City of Keene , 898 F.2d

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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?” ” Will New Hampshire reach the same conclusion? Vector Construction Co. , 185 Mich.App. ” McAllister v Peerless Ins.

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#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.

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

NH Construction Law

2002) (“Thus, the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it consistent with the rights and obligations created under the Miller Act.”). Outside of New Hampshire there is a split of authority on the question.

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#90:  Government Contractor Immunity

NH Construction Law

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.

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#107:  "Prevailing Party" Attorneys' Fees Provisions

NH Construction Law

In New Hampshire, attorneys’ fee awards take into account “ the amount involved , the nature, novelty, and difficulty of the litigation, the attorney’s standing and the skill employed, the time devoted, the customary fees in the area, the extent to which the attorney prevailed , and the benefit thereby bestowed on his clients.”

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#134:  30-Day Accountings for Subcontractor/Supplier Mechanic’s Liens

NH Construction Law

It is generally recognized by New Hampshire courts that “[f]ailure to comply with the specific statutory provisions of perfecting a mechanics lien is usually fatal,” Alex Builders & Sons, Inc. Danley , 161 N.H. 19, 23 (2010).

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