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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? JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so. ” 286 A.3d 3d at 1201.

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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

They operate very much like “at will” employment contracts, permitting the employer to fire an employee at any time for any (or no) reason as long as some specific public policy is not offended. Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. Ambrose Development, LLC , No.

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#67:  Paying Your Subcontractor's Employees

NH Construction Law

Before subcontracting any significant portion of a long term job to someone who isn’t known to be financially solvent, the wise general will ask for proof that the sub can carry the strain of weekly payroll through a monthly requisition procedure, with retainage. How does a GC protect itself? § 5.5(a)(6).)

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Six Virtual Contractor Bookkeeper Traps

Contractor Bookkeeping

The harsh reality virtual bookkeeper traps I have shared with you come from reviewing hundreds of offers from virtual "Virtual Bookkeepers" to subcontract from us. Neither one require office space, supplies, insurance, benefits or employment taxes which is a huge savings for the contractor. After a while they get a P.O.