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7 Tips for Aligning Your Project Management Workflows & Construction Technology

Construction Business Owner

7 Tips for Aligning Your Project Management Workflows & Construction Technology How to achieve the best possible project management — and how an integrated, cloud-based construction software solution can help mhodges Wed, 08/30/2023 - 09:38 Effectively managing today’s construction projects can be a complex, exhaustive process.

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#127:  Subcontract "Flow Down" of Prime Contract Terms

NH Construction Law

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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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

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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#123:  Bonding Around a Mechanic's Lien

NH Construction Law

Draws on a construction loan may halt. Eclipse Construction, Inc. ; HPB Construction, LLC v. v Calamar Construction Management, Inc. 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).

Lien 40
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#105:  Nonmutual Arbitration Agreements

NH Construction Law

Many construction contracts and subcontracts provide for arbitration of disputes. Are they nevertheless enforceable in New Hampshire? Harbor Construction Co. Maverick Construction Management Services, Inc. Consigli Construction Co., See DiMercurio v. Sphere Drake Insurance, PLC , 202 F.3d 311 F.Supp.3d

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#112:  Owners' Implied Warranty Rights Against Subcontractors

NH Construction Law

A few years back I blogged ( #84 ) that owners generally lack “third party beneficiary” rights required in order to enforce subcontracts. 2005) (“subcontractors owe homeowners a duty of care, independent of any contractual obligations, to act without negligence in the construction of homes.”). 3d 862, 865 (Colo.

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#84:  Owners' Third Party Beneficiary Rights Against Subcontractors

NH Construction Law

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.