Green Building Law Update

NOVEMBER 5, 2017

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. The purpose of the blog post is not to argue whether or not arbitration works as well or better than litigation. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

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. Most contractors facing a plausible claim for defective work will want to make the offer of repair right away, for two reasons. See B erkshire Medical Center, Inc. Marx, Inc. ,

Contractors 40

Contractors Claims Defense Liability 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. I promised elaboration on this question in an earlier blog (# 8). 2d 404 (1990), construing Florida law, held that general contractor’s “pay-if-paid” defense was not available to a surety.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Green Building Law Update

DECEMBER 12, 2021

Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. It is one thing when a political leaders in a government make an ESG claim. But it is another thing for a business to make ESG claims about net zero or otherwise that mislead customers.

Risk 156

Risk Claims Legal Agreement 156