Motor Vehicle Dealer Bond The Surety prevailed at a recent hearing before the Department of Motor Vehicles by a claimant asserting breach of contract, fraud and multiple deceptive trade practices. After the presentation of the evidence, the administrative judge held that it was in fact the claimant that breached contract and misrepresented his own status. … Continue reading “Case Update: Motor Vehicle Dealer Bond”

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?”

Our very own Kurt Faux has been admitted to the Idaho Bar in conjunction with the expansion of our services in Idaho. Currently the Faux Law Group represents sureties in Utah, Nevada and California. Mr. Faux will be sworn in on April 14th.

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”

The PHCC of  Nevada during its Chilli Cook Off event held a charitable derby car race. The original cars were made by Toys 4 Smiles, association trying to “bring smiles” to children with scrap hardwood made cars. Jordan Faux, esq. designed and built Faux Law’s entry. Even though our car didn’t advance to the final round, … Continue reading “Charitable Derby Car Race”

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.  

In MB America, Inc., v. Alaska Pacific Leasing Company, 132 Nev. Adv. Op. 8 (February 4, 2016), the Nevada Supreme Court dismissed MB America’s breach of contract lawsuit because MB America did not first submit the parties’ dispute to mediation as required by the contract. The Supreme Court considered that MB America must send a request to “any … Continue reading “Industry Update: Mediation is a Condition Precedent to Filing a Lawsuit”

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. 

The PHCC of Nevada during its Chilli Cook Off event held a charitable derby car race. The original cars were made by Toys 4 Smiles, association trying to “bring smiles” to children with scrap hardwood made cars. Jordan Faux, esq. designed and built Faux Law’s entry. Even though our car didn’t advance to the final round, we still had fun! To find … Continue reading “Charitable Event: Toys 4 Smiles”

By John Cory & Jordan Faux In general, most payment and performance bonds do not include an arbitration provision. Instead, a surety may be bound to arbitrate when the bond incorporates arbitration provisions in an underlying contract. While the pros and cons of arbitration are not the subject of this article, claimants will often file … Continue reading “Claimants Argue New Nevada Supreme Court Case Obligates Sureties to Arbitrate”