Several years ago I blogged (# 19) on the ability of a bankruptcy trustee to recapture payments made to a creditor within 90 days prior to a bankruptcy filing—a so-called “preferential transfer.” This preference attack can undo not
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Wadleigh Law is a legal publisher that provides detailed analysis and commentary primarily on construction law, federal contracting, and regulatory issues affecting businesses and contractors. Its content often addresses contract enforcement doctrines such as promissory estoppel, federal disadvantaged business set-aside programs, residential development regulations, federal bid protest procedures, and supply chain disruptions impacting construction projects. The publisher focuses on practical legal challenges and recent developments in these areas, offering insights into statutory interpretation, administrative rules, and court decisions relevant to contractors, developers, and government procurement professionals.
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#160: Navigating the Consumer Protection Act
Construction litigation is almost always premised on allegations of breach of contract, but it has now become commonplace also to see claims of “unfair or deceptive acts or practices” under the so-called Consumer Protection Act, RSA 358-A. This comes
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#159: Recovering Improvident Payments
Consider this scenario: an Owner hires a Contractor to build a project, and periodically pays the contractor’s invoices as the work progresses. At the end of the project, they do a walk-thru together, and a final payment is made, paying
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#158: Mediating Your Construction Claim
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
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#157: The Legal Effect of an Estimated Price
“What is it going to cost me?” This is a question every owner contracting for improvements to his property wants answered before signing a contract. And if the parties are entering into a “cost-plus” or “time and materials plus a
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#156: Building With New Hampshire Lumber
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
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#155: Energy Efficient Residential Construction
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
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#154: Tax Law Changes Affecting the Construction Industry
The highly-touted “One Big Beautiful Bill Act” signed by President Trump on July 4, 2025, implements a number of tax changes that will impact the business of construction – some positively, some not so much. Some provide direct tax benefits
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#153: Upfront Payments in Residential Construction
This week’s sentencing of Stratham contractor Gerard Thibault to 10-30 years in state prison for taking over $2.4 million in down payments from customers without performing the work carries a message – for residential customers as well as contractors. Unscrupulous
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#152: Retainage and Performance Bonds
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
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