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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. Where does New Hampshire stand on all of this?

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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.”). See DiMercurio v. 3d 71, 81 (1st Cir.

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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? No New Hampshire case has yet considered whether the same result obtains under state law, but the same logic applies.

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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.

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#67:  Paying Your Subcontractor's Employees

NH Construction Law

Like many states, New Hampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. But even on private projects written subcontracts can reserve the right to inspect subcontractor payroll records. RSA 275:46. How does a GC protect itself? § 5.5(a)(6).)

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#88   Battle of the Forms: When Is There an Enforceable Contract?

NH Construction Law

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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#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. Electronic signatures were declared valid in New Hampshire in 2001 with the enactment of the Uniform Electronic Transactions Act, RSA 294-E.