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.” In Lennar a homeowner sued his builder for personal injuries that he blamed on a construction defect, seeking in excess of $1,000,000 in damages. ” Rosen v.
NH Construction Law
SEPTEMBER 28, 2021
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.”). Harbor Construction Co. 311 F.Supp.3d
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NH Construction Law
FEBRUARY 25, 2023
A common feature of residential construction loans is the requirement for periodic inspections of the progress of work, usually by an independent inspection company hired by the bank, before disbursements are made. New Hampshire Savings Bank , 131 N.H. ” And such a voluntary undertaking is exceedingly rare.
NH Construction Law
MAY 24, 2022
Nine of the eleven circuit courts of appeal, including the First Circuit which embraces New Hampshire, had said yes. Morgan ’s definition of waiver – “the intentional relinquishment or abandonment of a known right” – is identical to New Hampshire’s. Sundance, Inc. 2022 WL 1611788 (U.S.,
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. What about payment bonds on private construction projects? Outside of New Hampshire there is a split of authority on the question. Pace Construction Corp. , See General Electric Co.
NH Construction Law
JULY 31, 2021
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. Electronic signatures were declared valid in New Hampshire in 2001 with the enactment of the Uniform Electronic Transactions Act, RSA 294-E.
NH Construction Law
APRIL 26, 2020
Just last week, in Skyrise Construction Group, LLC v. Annex Construction, LLC , a federal appeals court affirmed summary judgment for a general contractor against a subcontractor in a case where each party had signed the other’s form. .” New Hampshire law is the same.) Annex never signed that revised version.
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