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. Where does New Hampshire stand on all of this?

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Subcontracting Contract Contractors New Hampshire 40

NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? No New Hampshire case has yet considered whether the same result obtains under state law, but the same logic applies.

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Subcontracting New Hampshire Liability Defense 40

NH Construction Law

MARCH 28, 2024

It is generally recognized by New Hampshire courts that “[f]ailure to comply with the specific statutory provisions of perfecting a mechanics lien is usually fatal,” Alex Builders & Sons, Inc. 536, 537 (1898), and owners need to know the amount of those claims in order to do so intelligently. Danley , 161 N.H.

Lien 40

Lien Accounting Claims New Hampshire 40

NH Construction Law

APRIL 26, 2022

A few years back I blogged ( #84 ) that owners generally lack “third party beneficiary” rights required in order to enforce subcontracts. Still other courts allow homeowners to bring negligence claims against subcontractors regardless of recourse against the builder-vendor. Sienna Court Condominium Ass’n v.

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Subcontracting New Hampshire Claims Illinois 40

NH Construction Law

MARCH 26, 2023

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. To my knowledge no New Hampshire court has held that the mere existence of the bond prevents subcontractors and suppliers from pursuing their statutory lien rights. 581 (2004).

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Lien Subcontracting New Hampshire Bargains 40

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. But even on private projects written subcontracts can reserve the right to inspect subcontractor payroll records. RSA 275:46. How does a GC protect itself? § 5.5(a)(6).)

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Subcontracting New Hampshire Lien Insurance 40

NH Construction Law

DECEMBER 22, 2019

If we look no further than this language, the first of these two methods of establishing third party beneficiary status appears to be a perfect fit in the usual owner-contractor-subcontractor relationship: through his subcontract, the subcontractor (promisor) is rendering a performance that the general contractor (promisee) owes to the owner.

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Subcontracting Contract New Hampshire Legal 40