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”

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”

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?”

The timing and approach to record notices of liens are crucial in the construction business. Nevada revised statute 108 explains how and when these should be done. Here you can find a basic Mechanics’ lien timeline with the five most important steps of action: Serve Notice of Right to Lien (Preliminary Notice)– Within 31 days … Continue reading “Statutory Liens: Mechanic’s and Materialmen’s liens”

Under the Idaho Public Contracts Bond Act, Idaho Code Ann. 54–1925, et. al., written notice of a payment bond claim must be provided by a sub–subcontractor claimant within ninety days of the last labor or supply of material by the claimant.  Idaho Code Ann. 54-1927.  A lawsuit to enforce the claim must be filed within one year from the last day the claimant provided the labor or materials at issue. Id.