New Hampshire Subcontractor Agreement Template | Statutory Compliant
Generate a construction subcontract tailored to New Hampshire law — with statutory prompt payment deadlines, retainage caps, lien waiver rules, and anti-indemnification protections built in.
Contract Parties
Subcontractor
Project & Schedule
Payment Terms
Total subcontract price for your scope of work.
New Hampshire rules: New Hampshire does not cap retainage by statute on private construction; retainage is a matter of contract negotiation.
Days after GC receives owner payment.
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Download a clean, print-ready PDF with all New Hampshire statutory clauses included — prompt payment, retainage, lien waiver, and indemnification.
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Subcontractor Agreement
Construction Subcontract — State of New Hampshire
This Subcontractor Agreement (the “Agreement”) is made and entered into as of October 5, 2026 by and between [General Contractor Name] (“General Contractor”) and [Subcontractor Name] (“Subcontractor”), governed by New Hampshire Revised Statutes Title 297-A and the laws of the State of New Hampshire.
General Contractor
[General Contractor Name]
Subcontractor
[Subcontractor Name]
Project Owner
—
Project Address
—
Contract Price
[Contract Price]
License #
—
1. Scope of Work
Subcontractor shall furnish all labor, tools, equipment, and materials necessary to complete the agreed scope of work in a good and workmanlike manner, in compliance with all applicable building codes.
2. Payment
GC shall pay Subcontractor within 10 days after receiving payment from the Project Owner. Under RSA 297-A:6, the general contractor must pay subcontractors within 15 days after receiving payment from the owner, with interest available on late amounts under RSA 297-A:7.
3. Retainage
GC may withhold 10% retainage from each progress payment. New Hampshire does not cap retainage by statute on private construction; retainage is a matter of contract negotiation.
4. Lien Waivers
New Hampshire does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Conditional waivers are best practice until payment clears to preserve lien rights under RSA Title 297-A.
5. Mechanics Lien Rights Preserved
New Hampshire requires filing a lien within 120 days after the last work or materials were furnished, followed by foreclosure within 1 year of filing. New Hampshire does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to lien.
6. Indemnification
New Hampshire under RSA 297-A:3 voids provisions in construction contracts requiring a subcontractor to indemnify another party for that party’s sole negligence or willful misconduct.
7. Governing Law
This Agreement is governed by the laws of the State of New Hampshire, including New Hampshire Revised Statutes Title 297-A (New Hampshire Lien Law) and Prompt Pay provisions within RSA Title 297-A.
[General Contractor Name] — General Contractor
Print Name / Title
[Subcontractor Name] — Subcontractor
Print Name / Title
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New Hampshire Payment & Retainage Rules
Under RSA 297-A:6, the general contractor must pay subcontractors within 15 days after receiving payment from the owner, with interest available on late amounts under RSA 297-A:7.
Retainage Cap
New Hampshire does not cap retainage by statute on private construction; retainage is a matter of contract negotiation.
Pay-When-Paid
Your agreement states that owner payment is a timing mechanism, not an absolute condition precedent — preserving your right to payment and statutory remedies under New Hampshire Revised Statutes Title 297-A.
Lien Waivers
New Hampshire does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Conditional waivers are best practice until payment clears to preserve lien rights under RSA Title 297-A.
Your Mechanics Lien Rights in New Hampshire
This agreement expressly preserves your right to record a mechanics lien and serve statutory preliminary notices — no pay-if-paid, pay-when-paid, or lien waiver clause in the document can waive your lien rights beyond payment actually received.
New Hampshire requires filing a lien within 120 days after the last work or materials were furnished, followed by foreclosure within 1 year of filing.
New Hampshire does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to lien.
Deadlines matter: missing a New Hampshire lien or notice deadline can permanently waive your security interest in the project. Calendar both dates the day you mobilize on site.
Indemnification Limits Under New Hampshire Law
New Hampshire under RSA 297-A:3 voids provisions in construction contracts requiring a subcontractor to indemnify another party for that party’s sole negligence or willful misconduct.
New Hampshire Subcontractor Agreement FAQs
When must a general contractor pay me under New Hampshire prompt payment law?
Under RSA 297-A:6, the general contractor must pay subcontractors within 15 days after receiving payment from the owner, with interest available on late amounts under RSA 297-A:7. Your subcontract should mirror these statutory deadlines so that late payments automatically trigger the statutory interest and remedies without negotiation.
How much retainage can a GC legally withhold in New Hampshire?
New Hampshire does not cap retainage by statute on private construction; retainage is a matter of contract negotiation. Your agreement should specify the exact retainage percentage, the release schedule (typically at substantial completion and final completion), and payment of statutory interest on withheld retainage.
Are pay-if-paid clauses enforceable in New Hampshire subcontracts?
While New Hampshire has not enacted a blanket statutory ban on pay-if-paid clauses, courts and statutes in most states treat "pay-when-paid" as a reasonable timing provision rather than an absolute condition. Check New Hampshire Revised Statutes Title 297-A (New Hampshire Lien Law) and Prompt Pay provisions within RSA Title 297-A for specific restrictions, and make sure your subcontract states that payment from the owner is not an absolute condition precedent to your right to be paid.
What lien waiver rules apply in New Hampshire?
New Hampshire does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Conditional waivers are best practice until payment clears to preserve lien rights under RSA Title 297-A. Never sign an unconditional waiver until payment has actually cleared your bank account, and make sure your waiver identifies the specific billing period and amounts to avoid losing lien rights on future work.
Can a New Hampshire subcontract require me to indemnify the GC for the GC’s own negligence?
New Hampshire under RSA 297-A:3 voids provisions in construction contracts requiring a subcontractor to indemnify another party for that party’s sole negligence or willful misconduct. Always read the indemnification clause carefully — even in states with anti-indemnity statutes, "broad form" indemnity for joint negligence is typically still enforceable.
How do I preserve my mechanics lien rights in New Hampshire?
New Hampshire requires filing a lien within 120 days after the last work or materials were furnished, followed by foreclosure within 1 year of filing. New Hampshire does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to lien. Send statutory notices by certified mail or another trackable method, keep copies of everything, and calendar the deadlines immediately upon each project’s completion.