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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

When that is the case, can a general contractor with a pay-if-paid provision in its subcontracts hide behind that provision when the reason for owner nonpayment is the general contractor’s own default? Quinn Construction, Inc. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so.

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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. The painting sub signed a contract to paint a multi-apartment housing project being constructed in Somersworth for a price of $500,000. Ambrose Development, LLC , No. 218-2020-CV-0585 (Rockingham County, February 26, 2021).