MHHS · Prompt Payment and Construction Lien Act
Part 4 — Right to Information
33 Inspection of contract or subcontract
falls under any of the categories of persons specified in subsection
(2).
(2) The following persons, by notice in writing, may at any
reasonable time demand the production for inspection of the
contract and statement of the state of accounts referred to in
subsection (3):
(a) a lienholder;
(b) a beneficiary of a trust;
(c) a contractor or subcontractor currently working under a
contract for an owner, contractor or subcontractor, if
requesting information about a particular project under the
contract.
(3) A demand under subsection (2) may be
(a) of the owner or the owner's agent, for the contract with
the contractor,
(b) of the contractor,
(i) for the contract with the owner, or
(ii) for the contract with the subcontractor through whom
the applicable person's claim is derived,
(c) of the subcontr actor, for the contract with the contractor
through whom the applicable person's claim is derived, or
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(d) for a statement of the stat e of accounts between the owner
and contractor or between contractor and subcontractor, as
the case may be, containing all information prescribed.
(4) If, at the time of the demand or within 6 days after the demand
is made under this section, the owner or the owner's agent, the
contractor or the subcontractor, as the case may be,
(a) does not produce the written contract or statement of the
state of accounts, or
(b) if the contract is not in writing,
(i) does not, in writing, inform the person making the
demand of the terms of the contract or the amount
due and unpaid on the contract, or
(ii) knowingly and falsely stat es the terms of the contract
or the amount due or unpaid on the contract,
then, if the applicable person sustains loss by reason of the refusal,
neglect or false statement, the owner, contractor or subcontractor,
as the case may be, is liable to the applicable person in an action
for the amount of the loss, or in proceedings taken under this Act
for the enforcement of a lienholder's lien.
(5) An applicable person, by notice in writing, may at any
reasonable time demand of a mortgagee or the mortgagee's agent
or unpaid vendor or the unpaid vendor's agent
(a) the terms of any mortgage on the land or any agreement
for sale of the land in respect of which the work is or is to
be done or in respect of which materials are or are to be
furnished, and
(b) a statement showing the amount advanced and the amount
currently due and owing on the mortgage or the amount
owing on the agreement, as the case may be.
(6) If the mortgagee or vendor or the mortgagee's or vendor's
agent fails to inform the applicable person within 6 days after the
date of the demand
(a) of the terms of the mortgage or agreement, and
(b) of the amount owing on it,
then, if the applicable person sustains loss by reason of the failure
or any misstatement by the mortgagee or vendor of the terms or
amount owing, the mortgagee or vendor is liable to the applicable
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person in an action for the amount of the loss, or in proceedings
taken under this Act for the enforcement of the lienholder's lien.
(7) The court may on application at any time before or after
proceedings are commenced for the enforcement of the lien make
an order requiring
(a) the owner or th e owner's agent,
(b) the contractor,
(c) a subcontractor,
(d) the mortgagee or th e mortgagee's agent, or
(e) the unpaid vendor or the unpaid vendor's agent,
as the case may be, to produce and allow an applicable person to
inspect any contract, agreement, mortgage, agreement for sale,
statement of the amount advanced or statement of the amount due
and owing, or such other document as the court considers
appropriate, on any terms as to costs that the court considers just.
RSA 2000 cB-7 s33;2009 c53 s28;2020 c30 s16