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Whenever a construction project sparks a dispute between the parties, chances are that mediation will be in their future.  In New Hampshire Superior Court all civil cases (with a few exceptions not relevant here) are required to go through some form of alternative dispute resolution (“ADR”) prior to trial – and mediation is by far

Wood frame construction is far and away the most common framing for residential construction projects.  The National Association of Home Builders recently reported that the average new single-family home uses more than 2,200 square feet of softwood plywood, and more than 6,800 of Oriented Strand Board (OSB), in addition to roughly 15,000 board feet of

Saving money on home energy costs through improvements that pay for themselves over time is a sound economic strategy, if you can afford the initial outlay.  But when it comes to new residential construction, the added costs of energy efficient buildings run headlong into legislative efforts to increase the affordability of new housing.  We are

In commercial and governmental construction contracts, it is common for owners to retain from general contractors, and for general contractors to retain from subcontractors, some percentage of progress payments earned until substantial completion (or, less frequently, final completion) of the contract has been achieved.  Its purpose is to protect the holder from the financial impact

Last year I blogged (#139) about the constitutionality of federal set-asides for disadvantaged contractors and the preliminary ruling in Mid-America Milling Co. v. U.S. Department of Transportation, 2024 WL 4267183 (E.D. Ky. Sept. 23, 2024).  The Biden-era case suggested that long-standing federal programs favoring the awarding of contracts to businesses classified as disadvantaged

It has long been perceived by many in New Hampshire that residential housing construction has been stymied by local zoning and building restrictions.  Cutting through red tape in getting permits hasn’t been the biggest problem; New Hampshire is actually rather efficient in that regard compared to the other New England states.   The bigger issue in