Potential Issues in Evaluating DMV Bond Claims in Utah

Over the last several years, Faux Law has litigated and evaluated multiple claims against Utah DMV dealer bonds, and this article will address common issues and problems which have arisen in those claims and cases. As is the case with regards to other types of bonds, evaluating these claims is hampered by some ambiguity in … Continue reading “Potential Issues in Evaluating DMV Bond Claims in Utah”

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New Paid Leave Law

Private businesses with 50 or more employees need to be aware of the changes in Paid Leave laws that became effective on January 1, 2020 under the SB312. Here are some of the main points: The paid leave is calculated as set forth in NRS 608.0197(1)(b). An employee is entitled to at least 0.01923 hours … Continue reading “New Paid Leave Law”

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They Are Claiming What? More Potential Pitfalls in Handling and Litigating Utah Contractor’s License Bond Claims

By Willi Siepmann, Esq. and Kurt Faux, Esq. The Faux Law Group handles claims against contractor’s license bonds in the states of Nevada, California, Idaho, Wyoming and Utah, and it is in Utah that court rulings have put in doubt some of the most basic principles of suretyship, at least as it pertains to a … Continue reading “They Are Claiming What? More Potential Pitfalls in Handling and Litigating Utah Contractor’s License Bond Claims”

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AB 421, 2019 Construction Defects Legislative Changes

By Kurt Faux On June 3, 2019 Governor Sisolak signed AB 421 into law. While AB 421 retains some of the 2015 reforms, a number of significant changes have gone into effect on October 1, 2019. AB 421 amends provisions of Nevada Revised Statute 11 and 40. Here is the legislative modifications of the enrolled act. … Continue reading “AB 421, 2019 Construction Defects Legislative Changes”

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Potential Issues and Pitfalls in Handling Union Trust Fund License Bond Claims in Nevada

By Kurt Faux & Willi Siepmann Among the most difficult contractor’s license bond claims to handle and evaluate in Nevada are the ones by union trust funds. These trust funds typically administer the benefits which the union negotiates with the contractor pursuant to a collective bargaining agreement, and may include such benefits as health care, … Continue reading “Potential Issues and Pitfalls in Handling Union Trust Fund License Bond Claims in Nevada”

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Pay for Holidays and Overtime Work

By Kurt Faux Many employers wonder what the law is for holiday and overtime pay. Here we will highlight the law applicable to both:  Federal Holidays The Fair Labor Standards Act (29 U.S.C. § 203) requires that contractors and subcontractors pay only for time worked. Employees are not entitled to overtime payment or payment at … Continue reading “Pay for Holidays and Overtime Work”

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Statute of Limitations and the Utah Contractor License Bond

There is no statutory limitation provision specific to the CLB (Contractor License Bond) and the Utah Supreme Court has not addressed this issue. At least three statutes of limitation potentially apply: 78B-2-305.  Within three years. “An action may be brought within three years: (4) for a liability created by the statutes of this state, other … Continue reading “Statute of Limitations and the Utah Contractor License Bond”

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Do I have to pay employee travel time in Nevada?

Jordan Faux answers the question in this short video:

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The Nevada Motor Vehicle Warranty that Survives the “As Is” Dealer Sale

Does an “As Is” sale absolve the used car dealer of any and all warranties in Nevada?  The short answer: No. The “As Is” sale by a used car dealer eliminates implied warranties such as the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.  However, the “As Is” sale … Continue reading “The Nevada Motor Vehicle Warranty that Survives the “As Is” Dealer Sale”

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Are Attorney’s Fees Recoverable from Contractor’s License Bonds in Nevada and Utah?

By Kurt Faux & Willi Siepmann Sureties, who issue contractor license bonds in Nevada and Utah, are frequently confronted with attempts by bond claimants to recover attorney’s fees from the penal sum of the bond, which were incurred in pursuing the claim against the bond principal and/or its surety. In many cases, these claimants have … Continue reading “Are Attorney’s Fees Recoverable from Contractor’s License Bonds in Nevada and Utah?”

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