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Your Legal Partner in

Construction

Building creative legal solutions for the construction industry.

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Practice Areas

Contracts

In developing contract packages for the construction industry, I understand that contractors want to strike a balance between ensuring that they are legally protected and preserving valuable customer relationships.

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Litigation

Although a good contract is excellent protection against litigation, there are times when the decision to litigate is either outside your control, or necessary to address the wrongful, unreasonable or outrageous conduct of another party.
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Contractor Liens

In most New England states, the law provides contractors with special lien rights to provide them with security in the event of an up-chain payment default. The contractor’s lien (or “mechanic’s” lien) has priority over several other types of previously recorded liens, making it a powerful tool in any payment dispute.

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Bond Claims

When dealing with payment default, it is not uncommon for clients to learn that the project is in serious financial trouble or on the verge of bankruptcy. When it appears that there may be no financially stable source of payment, construction bonds can come to the rescue.

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Alternative Dispute Resolution

In a construction dispute, there are several alternatives to litigation. These litigation alternatives are collectively referred to as “alternative dispute resolution” or ADR.

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Kelly Gagliuso headshot

For nearly thirty years, my practice has been devoted to the legal needs of the construction industry. My clients include contractors, suppliers and the trades, as well as the occasional design professional. My client base has continued to expand as I advocate for a value-based approach to the practice of construction law. I understand that your relationships with customers and trade partners are irreplaceable. I offer real world legal solutions to allow you to focus on your work and stay out of the courtroom.

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Resources

At times it helps to understand some of the legal concepts that affect the construction industry on a deeper level. I have collected a few articles of interest to share with you. Remember, however, that this is a general resource to assist you in understanding concepts, not legal advice on a specific matter. If you have questions about how these general concepts apply to a particular situation, I strongly urge you to contact your counsel to discuss the particulars of your situation.

The Anatomy Of A Payment Bond Claim

The Anatomy of a Payment Bond Claim

In the quest to get paid, subcontractors and suppliers often overlook their rights under payment bonds applicable to public and private work. The vast majority of…
The Impact of Supply Chain Issues on New Hampshire Construction

The Impact of Supply Chain Issues on New Hampshire Construction

Pricing construction goods and services during the pandemic has become a roll of the dice. Early manufacturing lockdowns and a downturn in the economy caused labor…
Understanding “No Damage For Delay Clauses” in Construction Contracts

Understanding “No Damage For Delay Clauses” in Construction Contracts

Unforeseen delay tops the list of risks project owners want to eliminate by contract.  Typically, this is accomplished through a “no damage for delay” (NDD) clause. …

Resources

At times it helps to understand some of the legal concepts that affect the construction industry on a deeper level. I have collected a few articles of interest to share with you. Remember, however, that this is a general resource to assist you in understanding concepts, not legal advice on a specific matter. If you have questions about how these general concepts apply to a particular situation, I strongly urge you to contact your counsel to discuss the particulars of your situation.

Project Delivery Methods

Project Delivery Methods

Modern contracting arrangements offer a number of ways to deliver a project to the owner, including design-build, construction management and traditional design-bid-build methods….
The Infrastructure Investment And Jobs Act

The Infrastructure Investment and Jobs Act

On November 15, 2021, the Infrastructure Investment and Jobs Act (IIJA) was enacted by Congress with bi-partisan support. IIJA will fund construction projects in several key…
Time Limits on Actions Against New Hampshire Construction Professionals

Time Limits on Actions Against New Hampshire Construction Professionals

It is common for those of us representing construction professionals to be asked how long they are exposed to claims on any particular project. In New…