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Biography

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“Be wise.”

AV Rated attorney Kurt Faux helps clients regulate disputes, preferably before litigation. Hard work has always been the driving force in Kurt’s success and passion for learning – having grown up in a small farming town of Pleasant Grove (Manila), Utah. A voracious reader and gifted athlete, Mr. Faux has always enjoyed the merits of discipline, work and education.

It is no surprise that his experiences working on farms and construction bolstered by an appreciation of exceptional writing and analyses are some of the qualities that have contributed to his passion for the law and its practice. In 1995, nine years after graduating from Brigham Young University Law School, Kurt opened a boutique law firm that focused on complex surety law, construction and general litigation. His practice would soon grow and become a nationally recognized firm in these areas of practice.

Mr. Faux’s practice is devoted to the representation of sureties, insurers, contractors and others involved in the construction industry. Mr. Faux represents a number of construction trade organizations in various matters before courts and governmental entities. He has represented the Southern Nevada Air Conditioning Refrigeration Service Contractors Association and the Plumbers and Mechanical Contractors of Nevada. Mr. Faux served as lead trial counsel for the Associated Builders and Contractors in its lawsuit against Nevada’s Governor, the Southern Nevada Water Authority and various unions to overturn state mandated project labor agreements. The National Spa and Pool Institute retained Mr. Faux to successfully defeat, through litigation, ordinances enacted by the City of Las Vegas.

Kurt C. Faux is an invited speaker to and has written papers for numerous groups concerning surety bonds, Nevada construction law, and legal ethics. He has also conducted in-house seminars for various sureties and construction associations.

Areas of Practice

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  • Surety Bond and Indemnification
  • Construction Law
  • Litigation & Appeals
  • Health Care Law
  • Small business representation

Bar Admissions

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  • Utah, 1987
  • Nevada, 1988
  • U.S. District Court District of Utah, 1987
  • U.S. District Court District of Nevada, 1988
  • U.S. Court of Appeals 9th Circuit, 1988
  • U.S. Court of Federal Claims, 1992
  • U.S. Supreme Court, 1993
  • U.S. Court of Appeals 10th Circuit, 2014
  • Idaho, 2017
  • U.S. District Court District of Idaho, 2017
  • Wyoming, 2018
  • U.S. District Court District of Wyoming, 2018
  • U.S. Federal Court of Wyoming, 2020
  • Wind River Tribal Court, WY, 2023

Education

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  • Brigham Young University – J. Reuben Clark Law, Provo. UT
    • Juris Doctor – 1986
    • Law Review Editor – 1986
  • Brigham Young University-Hawaii, Hawaii, HI
    • B.A. (Magna Cum Laude) – 1982

Published Works

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  • Nevada Surety Law (2022), Faux Law Group.
  • Introduction to Construction Bonds in Nevada (2010), State Bar of Nevada, Construction Law Newsletter Volume 1, Issue 2.
  • The Law of Motor Vehicle Dealer Bonds (2006), American Bar Association, Nevada Chapter.
  • Performance Bond Manual (2006), American Bar Association, Nevada Chapter. Law

Presentations & Lectures

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  • Plumbing, Heating, Cooling Contractors of Nevada: Construction Defect Changes. Las Vegas, NV, January 14, 2020
  • Capitol Indemnity Corporation Claims Summit: Utah, Nevada & California Contractor License Bonds. Middleton, WI, September 12, 2019
  • Nevada State Contractors Board: Annual Contractor Training Day: Open Discussion Panel. Las Vegas, NV, August 29, 2019
  • Plumbing, Heating, Cooling Contractors of Nevada: How to get Paid. Henderson, NV, November 14, 2018
  • Pearlman Association: Prescriptive and Performance Specifications. Woodinville, WA, September 5, 2018
  • Pearlman Association: The Surety’s Assertion of the Principal’s Defenses to Claims by the Obligee. Woodinville, WA, September 6, 2017
  • Surety Claims Association of Los Angeles: Are Surety Bad Faith Claims Still in Nevada? – Be Careful. Los Angeles, CA, April 28, 2016
  • Faux Law Group: I’ve been sued, now what? Henderson, NV, February 26, 2016
  • U.S. Department of Transportation & Small Business Transportation Resource Center: Red Flag Contract Terms. Carson City, NV, November 2015
  • U.S. Department of Transportation & Small Business Transportation Resource Center: Red Flag Contract Terms. Las Vegas, NV, November 2015
  • Faux Law Group: Red Flag Contract Terms. Henderson, NV, January 30, 2015
  • Plumbing, Heating, Cooling Contractors of Nevada: Getting Paid: Three Statutes You Need to Know. Las Vegas, NV, November 11, 2014
  • American Bar Association Mid-Winter Program: What Were They Thinking? Enforcement of the Surety’s Indemnity Rights, Part II. Waldorf Astoria Hotel, New York, NY, January 24, 2014
  • American Bar Association Forum on the Construction Industry 2013 Regional Program: The Fundamentals of Construction Law. Las Vegas, NV, November 8, 2013
  • Surety Claims Association of Los Angeles: Traps for the Unwary: Handling Nevada and Utah Surety Bonds. Los Angeles, CA, March 2012
  • National Association of Women in Construction: Bonds: Shaken or Stirred? Protecting Your Rights. Las Vegas, NV, March 2011
  • State Bar of Nevada: Construction Law Newsletter: Introduction to Construction Bonds in Nevada. Nevada, July 2010
  • Lorman Education Services: Construction Insurance, Bonding and Liens – September 9, 2008
  • Construction Financial Management Association: Surety Bonds – March 10, 2008
  • Lorman Education Services: Surety Process in Nevada – February 9, 2006
  • The Seminar Group: Nevada Construction Law: Surety Bonds. November 16, 2001
  • National Business Institute: Mechanics’ Lien Law and Strategies in Nevada. August 2, 2000
  • Western Regional Conference: Surety Bond Issues, Credit Managers Association. July 24, 2000
  • The Seminar Group: Nevada Construction Law. July 14, 2000
  • National Business Institute: Nevada Construction Law. September 21, 1999
  • Law Seminar International: Nevada Construction Law. June 24, 1999
  • National Business Institute: Mechanics’ Lien Law and Strategies in Nevada, Including Performance Payment Bond, (Public) Subdivision, and Miscellaneous Bonds. May 21, 1999
  • National Business Institute: Practical Legal Ethics in Nevada. December 9, 1998
  • National Business Institute: Nevada Construction Law. 1998
  • Law Seminar International: Nevada Construction Law. June 25, 1998
  • National Business Institute: Practical Legal Ethics in Nevada. December 19, 1997
  • Southern Surety and Fidelity Claims Conference: Application of Insurance Bad Faith Principles to Surety and Fidelity Claims. 1992

Professional Associations

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  • American Arbitration Association, arbitrator construction panel
  • Surety and Fidelity Association of Nevada, director of association (previous president)
  • Plumbing Heating Cooling Contractors of Nevada (previous board director)
  • Pearlman Association
  • Surety Claims Association of Los Angeles
  • Surety Claims Institute
  • National Bond Claims Association
  • American Bar Association, Forum Committee of the Construction Industry
  • American Bar Association, Fidelity and Surety Law Committee
  • Defense Research Institute
  • United States Tennis Association
  • Nevada State Bar, Attorney Disciplinary Committee (1993 – 2002)
  • Nevada Court Annexed Panel of Arbitrators, 1992 – Present
  • Nevada State Bar, Attorney Fee Dispute Committee, 1999 – Present

Representative Cases

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  • William Harry Resh v. Western National Mutual Insurance Co., No. 82475 (Nev. June 30, 2022). Nevada Supreme Court ruling in favor of surety defining “consumer” transaction regarding motor vehicle dealer bond.
  • Developers Surety & Indemnity Co. v. Network Elec., Inc., No. 2:12-CV-00289-TC, 2014 WL 3640748 *5 (D. Utah July 23, 2014). “[t]he Indemnity Agreement is an unambiguous contract that must be enforced according to its terms.”, aff’d sub nom, Developers Surety & Indemnity Co. v. Barlow, 628 F.App’x 980 (10th Cir. 2015).
  • Capitol Indem. Corp v. State, Dept. of Business and Industry, Consumer Affairs Div., 122 Nev. 815, 138 P.3d 516 (2006). Nevada Supreme Court affirmed surety’s subrogation right to intervene in administrative hearing where principal is absent to contest bond liability; surety defenses established no bond liability.
  • Trustee of Const. Industry and Laborers Health and Welfare Trust v. Summit Landscape Companies, Inc., 309 F.Supp.2d 1228 (D. Nev. 2004). Surety’s revocation of tender of defense and appearance of independent surety counsel did not constitute a basis to extend discovery, and scope of coverage of bond as to trust funds addressed.
  • Trustees of Cement Masons and Plasterers Health and Welfare Trust v. Fabel Concrete, Inc., 159 F.Supp.2d 1249 (D. Nev. 2001). Indebtedness for labor includes trust fund contributions and are covered under license surety bond.
  • United States v. D Bar D Enterprises, Inc., 772 F.Supp. 1167 (D. Nev. 1991). Surety successful in enforcing terms of indemnity agreement against indemnitors such as prima facie and right to settle clauses.
  • Transamerica Premier Ins.Co. v. Nelson, 110 Nev. 951; 878 P.2d 314; (1994). Surety entitled to full recovery for attorneys’ fees and costs under the indemnity agreement even if there is no bond liability.
  • Nevada State Public Works Board v. Addison, Inc. and National Fire Ins. Co., (2006) (arbitration). Little Miller Act performance and payment bond six week arbitration where surety exonerated from any liability under the bonds and plaintiff State Public Works Board ordered to pay all attorneys’ fees and costs incurred by the surety.
  • Hoover Dam. Jury trial regarding Miller Act payment bond and bad faith lawsuit with favorable result for surety.
  • In re Mirage Volcano. Resolved alleged waterproofing defect in Mirage volcano interior regarding surety.
  • MGM Hotel. Defended claims against surety through 9th circuit court of appeals against MGM’s allegations of delay related damages for principal’s interference with grand opening of hotel.

Distinctions

  • Martindale-Hubbell AV Preeminent Attorney
  • Plumbing, Heating, Cooling Contractors of Nevada Industry Person of the Year (2019)
  • AM Best Recommmended Attorney (2018)
  • Certificate of Congressional Recognition for serving the citizens of Nevada for 20 years (2015)
  • City of Henderson’s recognition for 20 years in business in the City of Henderson

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