N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title xli / Chapter 447
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 447:16 (2026)

Bond Required

✓ current as of May 2026
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    447:16 Bond Required. – Officers, public boards, agents or other persons who contract in behalf of the state or any political subdivision thereof for the construction, repair or rebuilding of public buildings, public highways, bridges or other public works shall if said contract involves an expenditure of $75,000 in behalf of the state or $125,000 in behalf of a political subdivision, and may if it involves an expenditure of less amount, obtain as a condition precedent to the execution of the contract, sufficient security, by bond or otherwise, in an amount equal to at least 100 percent of the contract price, or of the estimated cost of the work if no aggregate price is agreed upon, conditioned upon the payment by the contractors and subcontractors for all labor performed or furnished, for all equipment hired, including trucks, for all material used and for fuels, lubricants, power, tools, hardware and supplies purchased by said principal and used in carrying out said contract, and for labor and parts furnished upon the order of said contractor for the repair of equipment used in carrying out said contract.

Source. 1927, 88:2. RL 264:26. 1943, 182:1, par. 26. 1949, 71:1. 1953, 253:3. RSA 447:16. 1979, 28:1. 1981, 4:5, eff. Mar. 6, 1981. 2009, 8:1, eff. June 16, 2009. 2017, 242:1, eff. Sept. 16, 2017.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1963–2022 · leading case: Gen. Insulation Co. v. Eckman Constr., 992 A.2d 613 (N.H. 2010).
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Gen. Insulation Co. v. Eckman Constr., 992 A.2d 613 (N.H. 2010). · cites it 6× “See RSA 447:16, :17 (Supp. 2009). The court also dismissed the petitioner’s alternative claims for unjust enrichment/restitution and quantum meruit because the petitions failed to allege sufficient facts to support them.”
Lyle Signs, Inc. v. Evroks Corp. & Travelers Indem. Co., 562 A.2d 785 (N.H. 1989). · cites it 15× “The superior court granted the defendant’s motion for summary judgment, finding that the plaintiff was not *157 protected by the construction bond requirement of RSA 447:16. For the reasons that follow, we vacate and remand.”
Fastrack Crushing Servs., Inc. v. Abatement Int'l/Advatex Assocs., Inc., 827 A.2d 1019 (N.H. 2003). · cites it 7× “The defendants moved to dismiss, arguing that: (1) Advatex was required to obtain its bond for the PDA project under RSA 447:16 (2002); and (2) Fastrack had failed to comply with the notice procedures required for statutory payment bonds under RSA 447:17 (2002) and RSA 447:18…”
Askenaizer v. Seacoast Redimix Concrete, LLC (In Re Charwill Constr., Inc.), 391 B.R. 7 (Bankr. D.N.H. 2007). · cites it 5× “RSA § 447:16, the Project was secured by a bond to ensure payment to all laborers and suppliers, issued by St.”
Naylor Pipe Co. v. Murray Walter, Inc., 421 A.2d 1012 (N.H. 1980). · cites it 6× “This is a public works construction bond case (RSA 447:16 (Supp. 1979)) in which a subcontractor’s supplier is seeking to obtain the benefit of the general contractor’s bond.”
Westinghouse Elec. Supply Co. v. Electromech, Inc., 409 A.2d 1141 (N.H. 1979). · cites it 3× “In a separate issue involving Westinghouse’s claim against the Town, the plaintiff argues that because the Town is a governmental unit, the Town is required by RSA 447:16 to demand a bond of the general contractor.”
D. W. Clark Road Equip., Inc. v. Murray Walter, Inc., 469 A.2d 1326 (N.H. 1983). “In accordance with RSA 447:16, USF&G executed and delivered a performance bond, naming Murray Walter as principal and USF&G as surety, conditioned upon the payment by Murray Walter for labor and materials furnished to the project by subcontractors, materialmen and suppliers.”
Am. Fid. Co. v. Cray, 194 A.2d 763 (N.H. 1963). · cites it 2× “RSA 447:16 provides in part that officers who contract in behalf of the State for the construction of public highways shall “obtain as a condition precedent to the execution of the contract, sufficient security by bond or otherwise .”
Gen. Elec. Co. v. Dole Co., 202 A.2d 486 (N.H. 1964). “Here we believe that to adopt the defendants’ narrow concept that RSA 447:16 gives such limited protection as to exclude a subcontractor’s materialman, without whose contribution the work could not be completed, is to reach a result not compelled by the phraseology of the…”
Fastrack Crushing Servs., Inc. v. Abatement Int'l/Advatex Assocs., Inc., 893 A.2d 674 (N.H. 2006). “Pursuant to RSA 447:16 (2002), Advatex obtained a payment bond on the project from AGLIC.”
New England Metal Culvert Co. v. Williams Constr. Co., 196 A.2d 713 (N.H. 1963). “See RSA 447:16. Thus the plaintiff did not cease to furnish materials within the meaning of RSA 447:17 until December 15, 1961 and was under no duty to give notice of its claim before the effective date of the statutory amendment.”
Mountain Env't, Inc. v. Abatement Int'l/Advatex Assocs., Inc., 826 A.2d 556 (N.H. 2003). “The defendants moved to dismiss, arguing that because the bond for the PDA project was required under RSA 447:16 (2002), Mountain was obligated to follow the statutory notice procedures for statutory bonds set forth in RSA 447:17 (2002) and RSA 447:18 (2002) — specifically, the…”
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