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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.”). 20-cv-1059-PB, 2021 DNH 032 (Feb. Some of them give just one of the parties an option to require arbitration. See DiMercurio v. 3d 71, 81 (1st Cir.

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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. OSHA standards for construction. Contract breach es.

OSHA 52
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#101:  Analyzing "Pay-when-Paid" and "Pay-if-Paid" Clauses

NH Construction Law

213-2019-CV-00221 (April 26, 2021), a case of first impression in New Hampshire. MacMillin was the general contractor on an assisted living facility project in Keene for Prospect Woodward Home, and subcontracted the plumbing and mechanical portion of the project to Denron. MacMillin Company, LLC , No. But the message is clear.

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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. 218-2020-CV-0585 (Rockingham County, February 26, 2021). This clause was in the parties’ agreement: TERMINATION FOR CONVENIENCE: The General Contractor may terminate the Contract for convenience upon three (3) days prior written notice.

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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.

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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

4A Bruner & O’Connor on Construction Law § 12:45 (2021) (noting that an “obligee may not terminate for default a construction contract that has been substantially performed”). million,” id. But I think the answer to the question is yes. and for final payment (see § 9.10.2). ” Motion Motors, Inc.