To ensure that subcontractors, suppliers and laborers are paid on federal works projects of more than $100,000.00, the federal government requires that the prime contractor post a payment bond pursuant to the Miller Act, 41 U.S.C. 3131-3134.   The Miller Act, in essence, supplants mechanic’s liens, which are not available on federal projects. To qualify as … Continue reading “Know Your Rights to Payment on a Federal Works Project”

NV Supreme Court decides case on positive employee drug tests by Jordan Faux The Nevada Supreme Court held last year that an employer is not required to accommodate an employee’s use of recreational marijuana even if that use occurs outside of work and the employee is not under the influence at work. In Ceballos v. NP … Continue reading ““Cannabis-ness” fire an employee for smoking weed?”

For most contractors in Nevada, the Nevada State Contractors Board (“NSCB”) requires the contractor to obtain a license bond or to post a cash bond in order to get a contractor’s license. These bonds vary in amounts between $5,000 and $50,000, with those amounts, which are also known as ‘penal sums’ set by the NSCB depending on the license history of the contractor and the license amount. This article will address the following questions:

The Legislature passed revisions to NRS 624 last year that forbids contractors from performing work using independent contractors.  This goes both for work that requires a contractor’s license and work that does not require a contractor’s license.  For work that does require a contractor’s license, the work can be performed by the contractor, the contractor’s … Continue reading “AB 227: Home Depot Runs Can’t Include Picking Up Labor”

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!

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 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”