NH Construction Law
APRIL 26, 2024
“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” No New Hampshire case has yet found an arbitration’s delegation provision unconscionable due to financial hardship. ” Id. ” Rosen v.
NH Construction Law
FEBRUARY 25, 2023
New Hampshire Savings Bank , 131 N.H. If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? Nor does a negligence claim against the inspector appear promising. That puts the owner/borrower in a pickle.
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NH Construction Law
DECEMBER 19, 2020
No New Hampshire case has yet considered whether the same result obtains under state law, but the same logic applies. Outside of New Hampshire there is a split of authority on the question. Westar Engineering , 290 F.3d 3d 1199, 1206 (9th Cir. See General Electric Co. Dole Co. , Dole Co. , Pace Construction Corp. ,
NH Construction Law
JANUARY 12, 2020
But in New Hampshire at least, if the parties’ contract allows one or both of them to elect either litigation or AAA arbitration for resolving contractual disputes, and one of the parties then insists on arbitration in accordance with AAA rules, that clarity and unmistakability are lost and the court will decide the arbitrability issue.
NH Construction Law
NOVEMBER 25, 2022
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.
NH Construction Law
JULY 22, 2023
Where does New Hampshire stand on all of this? ” The State paid the general contractor per square yard of finished concrete surface excluding curbs, but the Supreme Court held that this wasn’t binding with respect to the subcontractor’s claim against the general contractor, id. Case Atlantic Co. , 121 F.Supp.3d
NH Construction Law
MAY 20, 2023
New Hampshire employs the same general rule.) Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner. ” 286 A.3d 3d at 1201.
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