By Kurt Faux Many employers wonder what the law is for holiday and overtime pay. Here we will highlight the law applicable to both:  Federal Holidays The Fair Labor Standards Act (29 U.S.C. § 203) requires that contractors and subcontractors pay only for time worked. Employees are not entitled to overtime payment or payment at … Continue reading “Pay for Holidays and Overtime Work”

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”

Jordan Faux answers the question in this short video:

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”

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””

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”

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?”