NH Construction Law

Latest from NH Construction Law - Page 2

July 30, 2025

Thinking of protesting an adverse decision on a federal contract award? Well, a recent decision by the United States Court of Federal Claims illustrates just how rocky your path has become. This one will leave you scratching your head: The case is Gemini Tech Services, LLC v. United States, 2025 WL 2080407 (Fed. Cl. July 24,

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NH Construction Law

#147: Handling Supply Chain Disruptions

By Frank P. Spinella, Jr.

June 28, 2025

From natural disasters to cyberattacks to pandemics to bankruptcies to geopolitical turmoil, there are a host of reasons why the construction materials that contractors count on as being readily available might end up becoming scarce commodities. We are so used to seeing stock items on the shelves of supply houses, and getting special order items

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NH Construction Law

#146: Design-Build Contracts and the Spearin Doctrine: an Update

By Frank P. Spinella, Jr.

May 24, 2025

Several years back I blogged (#36) on how design-build contracting – combining design and construction responsibilities in a single phased contract – might impact a contractor’s liability for design defects where there is joint participation by owner and contractor in the design. I pointed out the approach taken in Coghlin Electrical Contractors, Inc.

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NH Construction Law

#145: Using AI in Construction: Considerations and Pitfalls

By Frank P. Spinella, Jr.

April 30, 2025

Artificial intelligence (AI) is increasingly being used in most industries, commercial construction among them. While design professionals grabbed this bull by the horns years ago, and project estimators soon thereafter, project managers who know how to use AI tools to increase productivity and lessen risk are becoming increasingly common as well – and for good

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NH Construction Law

#144: What Is a “Material” Breach Justifying Terminating a Contractor?

By Frank P. Spinella, Jr.

March 22, 2025

When an owner hires a contractor to perform work, there is an expectation that the contractor will adhere to the express and implied contract terms, the ultimate goal being to build what the contract calls for in a proper, safe and timely manner, free of claims from injured third parties or unpaid suppliers and subcontractors.

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NH Construction Law

#143: Canadian Tariffs and New Hampshire Construction

By Frank P. Spinella, Jr.

January 31, 2025

The Trump Administration has announced that effective February 1, 2025, a 25% tariff will be levied on virtually all imported goods from Canada and Mexico. Much of the lumber used for new construction in New Hampshire – indeed, nationwide – comes from Canada. The same is true of steel. If these tariffs are maintained, our

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NH Construction Law

#142: Are Lessees "Owners" Under the Mechanic's Lien Statute

By Frank P. Spinella, Jr.

December 27, 2024

New Hampshire’s mechanic’s lien statute, RSA 447:2, gives a lien to those “erecting or repairing a house or other building or appurtenances . . . by virtue of a contract with the owner thereof.” The lien is on “any material so furnished and on said structure, and on any right of the owner to

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NH Construction Law

#141: Insurance Coverage for Defective Work: The Products-Completed Operations Hazard

By Frank P. Spinella, Jr.

November 30, 2024

Once again I am moved to blog (see #31, #37, #91) on Commercial General Liability (“CGL”) insurance coverage for defective workmanship. I’ve previously said that at best, only consequential damage to other property, not for repairing or replacing the defective work itself, would be covered. A recent case counsels an update. In general,

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NH Construction Law

#140: Including Overhead and Profit In Mechanic's Lien Amounts

By Frank P. Spinella, Jr.

October 28, 2024

New Hampshire’s mechanic’s lien statute, RSA 447:2, gives a lien to those who “perform labor, provide professional design services, or furnish materials” to improve someone’s real estate. The lien “provides security against the property owner for the value of the labor or materials rendered.” Pine Gravel, Inc. v. Cianchette, 128 N.H. 460, 464 (1986).

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NH Construction Law

#139: Constitutionality of Federal Set-Asides for Disadvantaged Contractors

By Frank P. Spinella, Jr.

September 27, 2024

In 1983, Congress authorized the Disadvantaged Business Enterprise (“DBE”) program, requiring the U.S. Department of Transportation to ensure that at least 10% of funding for federally-assisted highway and transit projects is set aside for businesses at least 51%-owned and controlled by “socially and economically disadvantaged” individuals. Federal construction contracts worth billions of dollars have gone

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