NH Construction Law
FEBRUARY 27, 2021
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.
NH Construction Law
APRIL 26, 2020
When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.
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Construction Law Monitor
AUGUST 24, 2012
In a perfect world, general contract presents the subcontract document to the subcontractor, and that sub has its lawyer review the contract to see if the terms can be negotiated so that its a fair document for all involved. This article deals with a hot construction law topic, pay-when-paid vs. pay-if-paid clauses.
Construction Law Monitor
SEPTEMBER 19, 2013
Surprisingly, people on all ends of the contracting process don’t always understand the importance of the words chosen in their agreement. A general contractor, for example, benefits from a vague scope of work provision in its subcontracts, but would want specific provisions in its general contract. It’s your safest bet.
Best Practices Construction Law
NOVEMBER 26, 2012
As a preliminary matter, make sure that you get a written contract when starting a new project and make sure that both parties sign the agreement. Too many times I have represented parties who either "did the deal on a handshake" or "never signed the contract." Contract Provisions. Project Management Tips.
Best Practices Construction Law
AUGUST 29, 2012
DBE fraud can involve a broad range of schemes, but the most misunderstood issue deals with identifying whether the DBE expenditures count toward the DBE goal. Following is a lost of selected "red flag" indicators of DBE fraud: DBE owner lacking the background, expertise or equipment to perform the subcontract work.
Construction Law Monitor
NOVEMBER 2, 2011
A good subcontractor will have his attorney review any agreement to make sure that the deal is an even one. Commonly litigated subcontract provisions. Commonly litigated subcontract provisions. A well crafted contract can better protect a prime and/or a sub when default arises.
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