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”

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”

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”

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?”

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”

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”

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”

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?”

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.

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? “