The Faux Law Group was privileged recently to represent a surety seeking to enforce its rights for collateral security and an asset freeze based on specific performance and quia timet.  On … Continue reading “Case Update: Preliminary Injunction and quia timet”

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. … 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 … Continue reading “Can Parties Shorten Statutory Limitation Periods?”

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 … Continue reading “How to Avoid Paying Twice for the Same Work”

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 … Continue reading “Industry Update: Mediation is a Condition Precedent to Filing a Lawsuit”

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 … Continue reading “Claimants Argue New Nevada Supreme Court Case Obligates Sureties to Arbitrate”

Jordan Faux was one of the presenters at the Contract Surety Bonding Workshop by the Surety & Fidelity Association of Nevada in conjunction with the Nevada Subcontractors Association & Associated … Continue reading “Surety & Fidelity Association of Nevada’s Workshop”

Potential Recovery Source for Sureties in Utah -The Residence Lien Restriction and Lien Recovery Fund Act.   Potential Recovery Source for Sureties in Utah – The Residence Lien Restriction and … Continue reading “Surety Industry Tip!”

By Leland Faux Nevada Revised Statute 482.345 requires a car dealer to post a $100,000 bond for the benefit of consumers. Recently, we’ve noticed an uptick in volume of lawsuits … Continue reading “Motor Vehicle License Bond Trends in Nevada”

Nevada law provided that every “original contractor” is liable for “indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing … Continue reading “Some Relief for the “Original Contractor” and Sureties Regarding Labor Claims”