By Willi Siepmann In Nevada only a “consumer” has standing to assert a claim against a motor vehicle dealer bond.  The bond is only “for the use and benefit of the consumer….” NRS 482.345(5).  The term “consumer” is defined as “any person who comes into possession of a vehicle as a final user for any … Continue reading “Can a Lender Recover Against a Nevada DMV Bond as Assignee of a Consumer?”

Many construction subcontracts contain so-called “pay-if-paid” clauses by which the higher-tiered contractor seeks to protect itself from claims by lower-tiered contractors, when the higher-tiered contractor has not been paid by the project owner for whatever reason. Such a clause typically reads like this: Receipt of payment by the Contractor from the Owner for the Subcontract … Continue reading “New Court Decision Regarding Enforcement of “Pay-if-Paid” Clauses in Construction Subcontracts in Nevada”

Terence Maloy from Trade Mark Fabrication tells us about how his passion for working with steel led to a successful new business doing beautiful decorative and functional steel/metal work. Check out his work in social media: Facebook ​ Instagram​ 7:42​ Underwater welding 12:47​ When did Trade Mark Fabrication started?

Jerry Zimmerle is a Sales Specialist at Winsupply and a member of the PHCC of Nevada. His hard and honest work combined with his amiable personality are a great contribution to our community. His secret for success? Quite simple: 1) Work hard 2) Be integrous 3) You show up and do 1 and 2!

Critical to the surety is the collateral security provision of the General Indemnity Agreement. This provision authorizes the surety to obtain funds from the Indemnitor prior to incurring any loss. A typical collateral security provision provides: POSTING OF COLLATERAL – Indemnitors agree to deposit immediately upon demand by Surety an amount equal to the greater … Continue reading “Tips on Winning the Collateral Security Motion”

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”

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”

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”

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”

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”