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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How a Bond Claimant Can Recover Attorney’s Fees in Utah and Nevada

A BOND CLAIMANT MAY RECOVER ATTORNEY’S FEES FROM THE BOND (UTAH) AND IN EXCESS OF THE PENAL SUM OF THE BOND (NEVADA) A surety, which litigates contractor license bond cases in Nevada and Utah must be aware of the potential dangers involved with those litigations, namely that a bond claimant may recover attorney’s fees from … Continue reading “How a Bond Claimant Can Recover Attorney’s Fees in Utah and Nevada”

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License Bond Claims Where the Bond Principal Did Not Use Its License

The Surety is often confronted with bond claims, where a license bond is in effect and where the principal did not use its license. Typically, these claims fall into three categories: The license was not yet in effect, was never in effect or was suspended or revoked; The principal operated out-of-state, where the license was … Continue reading “License Bond Claims Where the Bond Principal Did Not Use Its License”

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“We Cannot Pay You Because We Haven’t Been Paid”

Pay-if-Paid Clauses are Unenforceable in Nevada Many subcontracts submitted to subcontractors by general contractors (“GC”) contain so-called ‘pay-if- paid’ clauses, which essentially tell the subcontractor that he will get paid by the GC only after the GC has been paid by the project owner for the work performed by the subcontractor. The Nevada Supreme Court … Continue reading ““We Cannot Pay You Because We Haven’t Been Paid””

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The Continued Expansion of the Nevada DMV License Bond Statute

In 2017, the Nevada Legislature expanded the scope of the DMV Bond Statute to cover additional statutory causes of action. Before, the bond covered breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation, and statutory deceptive trade practice as defined in NRS 598. The Bond statute now also covers violations of any of … Continue reading “The Continued Expansion of the Nevada DMV License Bond Statute”

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Is a Nevada Contractor’s License Really Required?

Not properly licensed?  Then you are not entitled to payment.  Or are you?  Despite strong statutory language, the Nevada Supreme Court continues to allow unlicensed contractors to be paid in certain circumstances. The primary purpose of Nevada’s licensing statutes is to protect the public against both faulty construction and financial irresponsibility. MGM Grand Hotel, Inc. … Continue reading “Is a Nevada Contractor’s License Really Required?”

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Can they make that claim and succeed?

Claims against Nevada Contractor’s License Bonds in Cases where the Contractor did not Use his License Periodically, the surety is confronted with claims against a contractor’s license bond, although the contractor did not use his license in circumstances leading up to the claim. These claims fall essentially into three categories: The contractor did not use … Continue reading “Can they make that claim and succeed?”

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Statutory Liens: Mechanic’s and Materialmen’s liens

The timing and approach to record notices of liens are crucial in the construction business. Nevada revised statute 108 explains how and when these should be done. Here you can find a basic Mechanics’ lien timeline with the five most important steps of action: Serve Notice of Right to Lien (Preliminary Notice)– Within 31 days … Continue reading “Statutory Liens: Mechanic’s and Materialmen’s liens”

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Industry Reminder: Idaho Public Contracts Bond Act

Under the Idaho Public Contracts Bond Act, Idaho Code Ann. 54–1925, et. al., written notice of a payment bond claim must be provided by a sub–subcontractor claimant within ninety days of the last labor or supply of material by the claimant.  Idaho Code Ann. 54-1927.  A lawsuit to enforce the claim must be filed within one year from the last day the claimant provided the labor or materials at issue. Id.

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