Nevada Legislature Limits DMV Bond Claims to “Consumers “and Some Hidden Dangers You Should Know In 2011, the Nevada Supreme Court held in Western Surety Company v. ADCO Credit, Inc., 251 P.3d 714 (Nev. 2011) that a defrauded finance company was within the meaning of the phrase “any person” in NRS 482.345, thereby making the finance company a … Continue reading “No More Soup For You!”

Claims against payment bonds may be denied on both private commercial and public works projects absent a claimant’s proper registration with the Utah State Construction Registry (“SCR”), labor wage claims excepted. Understanding the SCR process and procedure will aid the surety’s representative in determining the validity of claims. This article highlights the SCR bond procedures … Continue reading “Surety Defenses Under Utah’s State Construction Registry”

If I’m not misremembering, the George Bush v. Al Gore presidential election became all about the handing chad. When the people of Florida voted, they did so using punch cards. The voting machine would literally punch a hole in the card indicating their selection. Sometimes, however, it didn’t work. The punch would not go all … Continue reading “Contract Terms 3: Avoid Hanging Chads”

TO TENDER OR NOT TO TENDER POTENTIAL PITFALLS IN TENDERING THE SURETY’S DEFENSE TO ITS PRINCIPAL IN NEVADA This law firm recently encountered several situations where a surety’s tender counsel failed to properly protect the surety’s interest in litigation, resulting in adverse results which the surety would not have suffered had it retained its own … Continue reading “To Tender or not to Tender”

Most contracts (if not virtually all) contain recitals. They will sometimes be called “recitals” or “background” or, if the attorney is old-school, use the phrase “Whereas…” a lot. When I first started studying contract law, I thought these recitals were included by convention–just something attorneys do (like use the word “whereas”). Maybe that’s what you … Continue reading “Contract Terms 2: The Recitals”