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#123:  Bonding Around a Mechanic's Lien

NH Construction Law

Otherwise, every payment bond would automatically convert every subcontract on the bonded project into a “no lien” subcontract. The parties were free to bargain for “no lien” subcontracts, essentially waiving the right to a mechanic’s lien up front; Duke/Fluor Daniel v. Hawkeye Funding, Ltd.

Lien 40
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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. Quinn Construction, Inc.

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#105:  Nonmutual Arbitration Agreements

NH Construction Law

Many construction contracts and subcontracts provide for arbitration of disputes. To be enforceable, contracts require “consideration,” a bargained-for exchange of value or promises of value on both sides. Some of them give just one of the parties an option to require arbitration. See DiMercurio v. 3d 71, 81 (1st Cir.

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Can Parties Knowingly Exploit Unlicensed Contractors?

Construction Dive

Can they accept the benefit of the bargain, construction work performed at considerable cost, and then refuse to pay on the grounds the contractor lacked a license?

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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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#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. 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. Ambrose Development, LLC , No.

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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. How many times have you hired a construction worker with ten years experience and discovered they knew next to nothing? After a while they get a P.O.