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When Trees Sue for their Own Environmental Preservation

Green Building Law Update

And significantly there is no defense for an issued permit or claim of preemption by other state or federal laws. The partnership’s complaint asks the court to declare the voter enactment unconstitutional on several grounds and also claims it violates a variety of state laws.

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#112:  Owners' Implied Warranty Rights Against Subcontractors

NH Construction Law

2018) (“The purchaser of a newly constructed home may not pursue a claim for breach of an implied warranty of habitability against a subcontractor where there is no contractual relationship.”). Still other courts allow homeowners to bring negligence claims against subcontractors regardless of recourse against the builder-vendor.

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#83:  The Impact of Bankruptcy on Perfecting a Mechanic's Lien

NH Construction Law

As discussed in an earlier blog (#60), in order to “perfect” a mechanic’s lien in New Hampshire the lienor must institute court action for the purpose of getting an attachment order, Topjian Plumbing Heating, Inc. ” Our question is whether New Hampshire’s mechanic’s lien statute is such a law.

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Should Federal Project Owners Protect Contractors from Rogue State Regulators?

Construction Dive

By Bruce Jervis The “Permits and Responsibilities” clause is found in every federal construction contract. It requires contractors, at no additional expense to the government, to comply with any federal, state, or municipal law, code, or regulation applicable to the performance of the work.

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#111:  The "One Year" Warranty: Myth and Reality

NH Construction Law

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). The basic one is found in Section 3.5.1, ” Almost identical language is found in Section 3.8.1 ” Almost identical language is found in Section 3.8.1

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

NH Construction Law

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. ” 286 A.3d 3d at 1201.

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#75:  Recovery for Defective Work After Termination for Convenience

NH Construction Law

The trial court disallowed the setoff, and the appeals court agreed, ruling that “the text of the termination for convenience clause, in context, does not under the circumstances of this case permit Catamount to both terminate Steelwood without cause and subsequently proceed against Steelwood as if it had terminated the agreement for cause. [W]e