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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. Where does New Hampshire stand on all of this?

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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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New Hampshire Incentives and Workforce Development Guide

Buisness Facilities Contributed Content

For a list of New Hampshire economic development agencies that can help with the site selection process, visit our Online Site Seekers’ Guide. New Hampshire Government Contracting Assistance Center: A cooperative program of the New Hampshire Division of Economic Development and the U.S.

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#123:  Bonding Around a Mechanic's Lien

NH Construction Law

A New Hampshire statute, RSA 511:48 , authorizes petitioning the court to allow substitution of a bond for an attachment, but the statute is not specific to mechanic’s liens – and a number of unreported Superior Court cases have declined to allow substitution of a bond for a mechanic’s lien. Hawkeye Funding, Ltd.

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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? While the New Hampshire Supreme Court has not announced which approach it favors, it has held in other contexts that mutuality of remedy is not a requirement of a valid contract.

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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. New Hampshire likewise recognizes the “independent duty” exception to the economic loss rule, but thus far only for parties in privity of contract. Lees , 162 N.H.

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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.