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#127:  Subcontract "Flow Down" of Prime Contract Terms

NH Construction Law

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. 5th 658 (2021), went the other way.

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#105:  Nonmutual Arbitration Agreements

NH Construction Law

Many construction contracts and subcontracts provide for arbitration of disputes. 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). 20-cv-1059-PB, 2021 DNH 032 (Feb.

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Top OSHA Violations in Construction (2021)

Levelset

In this article, we’ll look at the top 10 violations found during OSHA inspections in 2021, the cost of OSHA violations, and how to prevent them. Unsurprisingly, the most common OSHA violation in construction in 2021 was the failure to provide appropriate fall protection. Contract breach es. OSHA standards for construction.

OSHA 52
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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

In an earlier blog ( #62 ) I discussed the implied covenant of good faith and fair dealing that limits a contracting party’s exercise of the discretion afforded to it by the parties’ contract. Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. Ambrose Development, LLC , No.

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The Best Way for Trade Contractors to Stay Out of the Courtroom

Pro Builder

Tue, 07/20/2021 - 07:00. You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. And the best way to do that is with a contract. . A contract doesn’t have to be long and confusing to be effective, practically or legally. Escalation Clauses in Your Contracts: Yay or Nay?

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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. ” Id. million,” id. But I think the answer to the question is yes. Punch list completion and warranty obligations will not be bonded! Berwick , 150 N.H.

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#103:  Contracting Online

NH Construction Law

​The time-honored method for parties to signify their agreement to a contract – a signature on a piece of paper – has had to adapt to the digital age, and the law has adapted with it. 557 (2021), the Court declined to enforce an arbitration clause in Uber’s online terms and conditions. In Kauders v.