“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””

Read More »

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?”

Read More »

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”

Read More »

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.

Read More »

Are Interest and Late Fees Recoverable Under a Nevada Contractors License Bond? 

The license bond statute specifically states that the bond is for the benefit, among others, of one who supplies “materials or equipment for the construction covered by the contract”.  NRS 624.273(1)(c).  The statute provides for the recovery of “the amount of damage the person suffered to the extent covered by the bond . . . … Continue reading “Are Interest and Late Fees Recoverable Under a Nevada Contractors License Bond? “

Read More »

The ABC’s of Evaluating Contractor’s License Bond Claims in Nevada

Contractor’s license bonds are required by statute in Nevada (NRS 624.270), and claims against the bond are also governed by statute (NRS 624.274). Therefore familiarity with those statutes is a prerequisite for evaluating a claim. Once a claim is asserted, these basic steps should be taken to assess the validity of that claim. IS THE … Continue reading “The ABC’s of Evaluating Contractor’s License Bond Claims in Nevada”

Read More »

Can Parties Shorten Statutory Limitation Periods?

The Holcomb Decision In Holcomb, the Nevada Supreme Court ruled that “[a] party can contractually agree to a limitations period shorter than that provided by statute in certain circumstances.” Holcomb Condo. Homeowners’ Assn., Inc. v. Stewart Venture, LLC, 300 P.3d 124 (Nev. 2013). The party can do so “as long as there exists no statute … Continue reading “Can Parties Shorten Statutory Limitation Periods?”

Read More »

How to Avoid Paying Twice for the Same Work

By Kurt Faux The Nevada Supreme Court recently determined that an unconditional release from a bottom-tiered contractor to the middle-tiered and higher-tiered contractors did not preclude a claim by the bottom-tiered contractor when the middle-tiered contractor failed to pay. Cashman Equipment Co. v. West Edna Assocs., 132 Nev. Adv. Op. 69 (Sep. 29, 2016). The … Continue reading “How to Avoid Paying Twice for the Same Work”

Read More »

Nevada State Contractors Board’s Presentation

Margi Grein, executive officer of the Nevada State Contractors Board gave a presentation at our office about issues involving contractors. We had a great discussion. During the presentation she reminded us how to report unlicensed contractors in Nevada through email or through their app, you can find more info at the Board’s website.  

Read More »

Industry Reminder: Unlicensed Contractors 

Margi Grein, executive officer of the Nevada State Contractors Board gave a presentation at our office about issues involving contractors. We had a great discussion.  During the presentation she reminded us how to report unlicensed contractors in Nevada through email or through their app, you can find more info at the Board’s website. 

Read More »