Article Date: 06/15/2026

Change Order Procedure Waived Despite “No Waiver” Language

Supreme Court of New Hampshire

RJH Builders, LLC v. Thistle

Case no.: 2024-0530

Date filed: June 2, 2026

Overview

The New Hampshire Supreme Court has ruled that a mutual pattern of conduct waived the change order clause of a construction contract. The clause was not saved by the agreement’s “no waiver” language.

Background

Robert and Priscilla Thistle (the ... Log in to view the full text.

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