NH Construction Law

SEPTEMBER 5, 2020

Parties to a lawsuit, or who reasonably should anticipate future litigation, have a duty not to destroy evidence crucial to their opponents’ claims or defenses. But what about a building under construction? In the residential setting, New Hampshire’s opportunity to repair statute, RSA 359-G:4 , comes into play here.

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NH Construction Law

NOVEMBER 26, 2021

in attorneys’ fees to a homeowner who sued for $12,400 and won a $6,800 jury verdict on a breach of contract claim. Issa Construction, LLC, v. I have seen several New Hampshire courts cut down an award of fees where outcome and bill are wildly disparate. A recent case from Tennessee affirmed an award of $201,255.50

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Claims New Hampshire Liability Contract 40

NH Construction Law

APRIL 26, 2022

While some commercial subcontracts do extend the subcontractor’s express warranties to the owner, such provisions are rarely found in residential construction, where there is often no express warranty in the subcontract at all. A clue as to which of the three approaches New Hampshire will favor may be found in Healy v.

Subcontracting 40

Subcontracting New Hampshire Claims Illinois 40

NH Construction Law

JANUARY 30, 2022

1990) (applying New Hampshire law) (“If some of the claims against the insured fall within the terms of coverage, and some without, the insured must still defend the entire claim (at least until it is apparent that no recovery under the covered theory can be had).”) City of Keene , 898 F.2d

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Best Practices Construction Law

JUNE 28, 2022

In the world of construction contracting, both can get in you in trouble, including a termination for default of performance. 59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in New Hampshire. Appeals of Industrial Consultants, Inc. Fortune & Company , ASBCA No.

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Construction Business Owner

DECEMBER 20, 2020

construction claims management. This sponsored article is provided by both Construction Business Owner and the sponsor who may follow-up with you regarding their products and/or services. Risk Management. Promote to rotator No. Main Image. Sponsored by. Section In the Office. Sponsor Link [link]. Cobbs Allen. loss control.

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NH Construction Law

APRIL 24, 2019

In this respect it is unlike the statute of limitations, RSA 508:4 , whose three-year clock does not start ticking until the claim “accrues” -- which may be more than three years after the breach of duty occurs if the breach and resulting injury were neither discovered nor reasonably discoverable until later.

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NH Construction Law

MARCH 26, 2023

Draws on a construction loan may halt. If an initial court challenge to the lien fails, the general contractor may well be coerced into an unfavorable settlement of the lienor’s claim. Eclipse Construction, Inc. ; HPB Construction, LLC v. v Calamar Construction Management, Inc. The MacMillin Company, LLC.

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NH Construction Law

FEBRUARY 25, 2018

Suppose a design professional administering a construction contract advises the owner that a problem with the project is due to a construction defect when, in fact, it is the result of the professional’s own design error. attorney fees. thereby suffered or incurred in the earlier action.” Provider Power, LLC , 170 N.H.

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New Hampshire Injury Contract Claims 40

NH Construction Law

JULY 21, 2019

How many bites at the apple is a litigant given to prove his claim? This principle finds expression in a legal doctrine called res judicata , also known as claim preclusion, which “prevents parties from relitigating matters actually litigated and matters that could have been litigated in the first action.”

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NH Construction Law

JULY 22, 2023

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. In L & B Construction Co, v.

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Best Practices Construction Law

NOVEMBER 19, 2019

In the world of construction contracting, both can get in you in trouble, including a termination for default of performance. 59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in New Hampshire. Appeals of Industrial Consultants, Inc. Fortune & Company , ASBCA No.

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Contract New Hampshire Contractors Claims 67

Construction Dive

JANUARY 29, 2014

By Bruce Jervis The “Permits and Responsibilities” clause is found in every federal construction contract. Reasonable enough; code compliance is an inherent aspect of performing construction work. Few contractors realize, however, the scope of the risk that is allocated under this clause.

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NH Construction Law

DECEMBER 19, 2020

No New Hampshire case has yet considered whether the same result obtains under state law, but the same logic applies. What about payment bonds on private construction projects? Outside of New Hampshire there is a split of authority on the question. Pace Construction Corp. , See General Electric Co.

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NH Construction Law

JUNE 30, 2020

Ross Construction Co. , 6 (2001) (citing Boyle and noting that “[w]here the government has directed a contractor to do the very thing that is the subject of the claim, we have recognized this as a special circumstance where the contractor may assert a defense”). ” 28 U.S.C. § § 2680(a). In Yearsley v.

Contractors 40

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NH Construction Law

NOVEMBER 25, 2022

It is common in construction litigation for contractors suing owners to assert a right to recover damages for more than just a breach of contract. Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” FERD Construction Inc. ”).

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NH Construction Law

JANUARY 12, 2020

Although arbitration clauses are common in many types of contracts and particularly in construction contracts, the contracting parties sometimes differ on their enforceability or their application to particular disputes. New York Life Insurance Company , 2019 DNH 190, No. Dean Witter Reynolds, Inc. , 79, 84 (2002). Remote Sol.

Claims 40

Claims Contract Agreement New York 40

NH Construction Law

MARCH 26, 2022

No time limitation is included in these clauses, so the general statute of limitations for contract cases applies (in New Hampshire, three years from discovery of the defect). Then there is A201 Section 12.2.2.1, if, within one year after the date of Substantial Completion of the Work or designated portion thereof.

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NH Construction Law

MAY 20, 2023

New Hampshire employs the same general rule.) Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner. Quinn Construction, Inc.

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NH Construction Law

APRIL 3, 2023

As I write this on the centennial of the New Hampshire Supreme Court’s decision in Osgood Construction Co. Here’s what happened: The case involved a water system improvement project that included constructing a concrete dam. Claremont , 81 N.H. that local stone might be used if it proved to be suitable.”

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NH Construction Law

NOVEMBER 7, 2018

Some months back I blogged (#59) on New Hampshire’s “Right to Repair” statute, RSA 359-G , and I noted its limitations and lack of teeth. It applies only to residential construction, and it provides little more than a temporary delay in a homeowner’s ability to sue. See B erkshire Medical Center, Inc.

Contractors 40

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NH Construction Law

JULY 26, 2020

Skanska, the construction manager of a hospital renovation project, hired a heating and cooling subcontractor whose liability insurance policy named Skanska and the owner as insureds. Skanska made a claim against the policy which, in typical fashion, indemnified the insured for liability on account of property damage “only if: (1) The.

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NH Construction Law

MAY 28, 2018

Like many states, New Hampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. RSA 275:46.

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NH Construction Law

OCTOBER 7, 2018

The owner then counterclaims for the cost of correcting items of poor workmanship and for the cost of completing the unfinished work (which the owner claims will exceed the unpaid contract balance), and perhaps for delay damages as well.

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Lien Claims Contract New Hampshire 40

NH Construction Law

JUNE 30, 2022

Delays on construction projects are as common as shells on the shore. They can arise from contractor fault, owner fault, or to events beyond either party’s control – or any combination of these. ” Tricon Kent Co.

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Liability Contract Iowa Contractors 40

NH Construction Law

AUGUST 11, 2018

Jones Lang Lasalle Construction Co. , He couldn’t sue A&M due to the Workers’ Compensation Law’s exclusivity provision, but he could and did sue the GC and the owner, claiming that they owed him a duty to maintain a safe working environment. The New Hampshire Supreme Court disagreed.

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Subcontracting Safety Compensation Claims 40

Best Practices Construction Law

MAY 5, 2017

In the world of construction contracting, both can get in you in trouble, including a termination for default of performance. 59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in New Hampshire. Appeals of Industrial Consultants, Inc. Fortune & Company , ASBCA No.

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Contract New Hampshire Contractors Office 48

NH Construction Law

MARCH 13, 2019

Steelwood Construction, Inc. , ” Depriving a terminated contractor of an opportunity to cure defects was likewise the basis for rejecting defective workmanship claims in TRG Construction, Inc. How New Hampshire courts will rule on the matter will undoubtedly depend on the precise clause at issue. 257 Or.App.

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NH Construction Law

DECEMBER 22, 2019

The main benefit to an owner in having a valid breach-of-contract claim against a subcontractor is avoidance of the "economic loss rule" precluding recovery for the subcontractor's negligent performance (see Blog # 29). Saxon Construction, Inc. , ” Lazovitz, Inc. 2d 588, 591 (11th Cir.

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Pro Builder

SEPTEMBER 3, 2020

New Hampshire's Recovery Friendly Workplace initiative is doing just that by educating employers and employees and providing much-needed resources . New Hampshire Governor Christopher Sununu is also a ski lodge owner/operator and has seen the struggle of hospitality and restaurant employees with opioid addiction firsthand.

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NH Construction Law

FEBRUARY 29, 2020

The general nature of activities that will not extend the 120-day life of the lien has been the subject of few New Hampshire Supreme Court cases. A would-be lienor who returned to the jobsite to do something which he hopes has reset the clock may find that he has waited too long. Tolles-Bickford Lumber Co. Tilton School , 98 N.H.

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Lien Contract New Hampshire Materials 40

NH Construction Law

AUGUST 27, 2021

In construction, as in most businesses, efficiency is the key to profitability; the bigger the bang for a given buck, the greater the profit margin. is the sequence of construction logically dictated? Turner Construction Co. Bucks spent on labor will produce a big bang or a small one depending on working conditions.

Claims 40

Claims Products Comparison New Hampshire 40

Best Practices Construction Law

APRIL 14, 2016

For you Ninja contractors, it’s a good thing to fully understand your potential recovery before you spend countless months and thousands of dollars pursuing a claim against your state DOT for breach of contract, misrepresentation or other cause of action. Recently, in Victor Virgin Construction Co. 3d 1136 (N.H. 3d 1136 (N.H.

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DOT New Hampshire Contractors Claims 48

Work Gearz

MAY 20, 2020

It’s important to know that this company will be honest in what they are claiming and strive for quality in their products. Using a shoe that is made for running by construction workers does not make it impossible to do your job, but it may not protect your feet from fall of heavy objects or slipping as a construction boot would do.

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Buisness Facilities Contributed Content

APRIL 15, 2014

Alabama Industrial Access Road & Bridge Program: Provides financial assistance to communities for industrial access to new and expanding industries. It allows for the construction of roads, bridges, etc. architectural and engineering, interest incurred during construction, etc.).

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NH Construction Law

JULY 31, 2021

Electronic signatures were declared valid in New Hampshire in 2001 with the enactment of the Uniform Electronic Transactions Act, RSA 294-E. New Hampshire’s first foray into this quagmire seems to be Ford v. Those websites should be designed so as to minimize claims of surprise and lack of assent.

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Contract New Hampshire Agreement New Jersey 40

Buisness Facilities Contributed Content

MARCH 21, 2014

SALES & USE TAX ABATEMENTS: Taxes on construction-related transactions, pollution control devices are exempt from sales and use taxes. MADE IN ALABAMA” JOB INCENTIVES ACT: Qualifying companies may receive a transferable income tax credit to offset import tariff costs during local construction process.

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