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“Be wise.”

AV Rated attorney Kurt Faux helps clients regulate disputes, preferably before litigation. Hard work has always been the driving force in Kurt’s success and passion for learning – having grown up in a small farming town of Pleasant Grove (Manila), Utah. A voracious reader and gifted athlete, Mr. Faux has always enjoyed the merits of discipline, work and education.

It is no surprise that his experiences working on farms and construction bolstered by an appreciation of exceptional writing and analyses are some of the qualities that have contributed to his passion for the law and its practice. In 1995, nine years after graduating from Brigham Young University Law School, Kurt opened a boutique law firm that focused on complex surety law, construction and general litigation. His practice would soon grow and become a nationally recognized firm in these areas of practice.

Mr. Faux’s practice is devoted to the representation of sureties, insurers, contractors and others involved in the construction industry. Mr. Faux represents a number of construction trade organizations in various matters before courts and governmental entities. He has represented the Southern Nevada Air Conditioning Refrigeration Service Contractors Association and the Plumbers and Mechanical Contractors of Nevada. Mr. Faux served as lead trial counsel for the Associated Builders and Contractors in its lawsuit against Nevada’s Governor, the Southern Nevada Water Authority and various unions to overturn state mandated project labor agreements. The National Spa and Pool Institute retained Mr. Faux to successfully defeat, through litigation, ordinances enacted by the City of Las Vegas.

Kurt C. Faux is an invited speaker to and has written papers for numerous groups concerning surety bonds, Nevada construction law, and legal ethics. He has also conducted in-house seminars for various sureties and construction associations.

  • Surety Bond and Indemnification
  • Construction Law
  • Litigation & Appeals
  • Health Care Law
  • Small business representation
  • 85% of Practice Devoted to Litigation
  • Utah, 1987
  • Nevada, 1988
  • U.S. District Court District oh Utah, 1987
  • U.S. District Court District of Nevada, 1988
  • U.S. Court of Appeals 9th Circuit, 1988
  • U.S. Court of Federal Claims, 1992
  • U.S. Supreme Court, 1993
  • U.S. Court of Appeals 10th Circuit, 2014

Brigham Young University, J. Reuben Clark Law School, Provo, Utah

  • J.D. – 1987
  • Journal of Legal Studies, Editor, 1985
  • BYU Law Review, Member, 1986

Brigham Young University-Hawaii

  • B.A. (Magna Cum Laude) – 1982
  • The Law of Motor Vehicle Dealer Bonds (2006), American Bar Association, Nevada Chapter.
  • Performance Bond Manual (2006), American Bar Association (ABA), Nevada Chapter
  • Application of Insurance Bad Faith Principles to Surety and Fidelity Claims Handling -or- Surety and Bad Faith Claims Handling Revisited — You’ve Got to be Kidding, Co-Author, Southern Surety and Fidelity Claims Conference, 1992
  • Classes and Seminars
  • PHCC of Nevada:  Construction Defect Changes. Las Vegas, NV, January 14, 2020
  • Capitol Indemnity Corporation Claims Summit: Utah, Nevada & California Contractor License Bonds. Middleton, WI, September 12, 2019
  • Annual Contractor Training Day: Open Discussion Panel. Las Vegas, NV, August 29, 2019
  • PHCC of Nevada: How to get Paid. Henderson, NV, November 14, 2018
  • Pearlman Association: Prescriptive and Performance Specifications. Seattle, WA, September 6, 2018
  • Pearlman Association:  The Surety's Assertion of the Principal's Defenses to Claims by the Obligee. Woodinville, WA, September 6, 2017
  • SCALA: Are Surety Bad Faith Claims Still in Nevada? – Be Careful. Los Angeles, CA, April 28, 2016
  • Faux Law Group: I’ve been sued, now what?. Henderson, NV, February 26, 2016
  • Faux Law Group: Red Flag Contract Terms. Henderson, NV, January 30, 2015
  • PHCC of Nevada: Getting Paid: Three Statutes You Need to Know. Las Vegas, NV, November 11, 2014
  • ABA Mid-Winter Program: What Were They Thinking?, Enforcement of the Surety’s Indemnity Rights, Part II. Waldorf Astoria Hotel, New York, NY, January 24, 2014
  • ABA Forum on the Construction Industry 2013 Regional Program: The Fundamentals of Construction Law. Las Vegas, NV, November 8, 2013
  • Surety Claims Association of Los Angeles: Traps for the Unwary: Handling Nevada and Utah Surety Bonds. Los Angeles, CA, March 2012
  • State Bar of Nevada: Construction Law Newsletter: Introduction to Construction Bonds in Nevada. Nevada, July 2010
  • Lorman Education Services: Construction Insurance, Bonding and Liens. September 9, 2008
  • Construction Financial Management Association: Surety Bonds. March 10, 2008
  • Lorman Education Services: Surety Process in Nevada. February 9, 2006
  • The Seminar Group: Nevada Construction Law: Surety Bonds. November 16, 2001
  • National Business Institute: Mechanics’ Lien Law and Strategies in Nevada. August 2, 2000
  • Western Regional Conference: Surety Bond Issues, Credit Managers Association. July 24, 2000
  • The Seminar Group: Nevada Construction Law. July 14, 2000
  • National Business Institute: Nevada Construction Law. September 21, 1999
  • Law Seminar International: Nevada Construction Law. June 24, 1999
  • National Business Institute: Mechanics’ Lien Law and Strategies in Nevada, Including Performance Payment Bond, (Public) Subdivision, and Miscellaneous Bonds. May 21, 1999
  • National Business Institute: Practical Legal Ethics in Nevada. December 9, 1998
  • National Business Institute: Nevada Construction Law. 1998
  • Law Seminar International: Nevada Construction Law. June 25, 1998
  • National Business Institute: Practical Legal Ethics in Nevada. December 19, 1997
  • Southern Surety and Fidelity Claims Conference: Application of Insurance Bad Faith Principles to Surety and Fidelity Claims. 1992

Kurt Faux is a proud member of the following associations:

Surety Associations:

  • Surety and Fidelity Association of Nevada, President
  • Pearlman Association
  • Surety Claims Association of Los Angeles
  • Surety Claims Institute
  • Regularly Attends Western States Surety Conference
  • National Bond Claims Association

Construction Associations:

  • Plumbing Heating Cooling Contractors Association of Nevada

Professional Memberships:

  • American Arbitration Association, 2018 – Present
  • Nevada Court Annexed Panel of Arbitrators, 1992 – Present
  • Nevada State Bar, Attorney Disciplinary Committee, 1993 – 2002
  • Nevada State Bar, Attorney Fee Dispute Committee, 1999 – Present
  • American Bar Association, Forum Committee of the Construction Industry
  • American Bar Association, Fidelity and Surety Law Committee
  • Healthcare Law section of the American Bar Association
  • Defense Research Institute

Other Associations:

  • Las Vegas Chamber of Commerce
  • Henderson Chamber of Commerce
  • United States Tennis Association
  • Boy Scouts of America
  • Quail Summit HOA Board, V.P.

Capitol Indem. Corp v. State, Dept. of Business and Industry, Consumer Affairs Div., 122 Nev. 815, 138 P.3d 516 (2006)
Trustee of Const. Industry and Laborers Health and Welfare Trust v. Summit Landscape Companies, Inc, 309 F.Supp.2d 1228 (D. Nev. 2004)
Trustees of Cement Masons and Plasterers Health and Welfare Trust v. Fabel Concrete, Inc., 159F. Supp.2d 1249 (D.Nev.2001)
Transamerica Premier Ins.Co.v.Nelson, 878 P.2d 1314
U.S. v. D Bar D Enterprises, Inc., 772 F.Supp. 1167 (D. Nev. 1991)
Capitol Indem. Corp. V. State, Dept. of Business and Industry, Consumer Affairs Div., 122 Nev. 815; 138 P.3d 516 (2006)
United States v.D Bar D Enterprises, Inc., 772 F.Supp. 1167 (D. Nev.1991)
Transamerica Premier Ins.Co. v. Nelson, 110 Nev. 951; 878 P.2d 314; (1994)
Trs. of the Cement Masons & Plasterers Health & Welfare Trust v. Fabel Concrete, Inc., 159 F. Supp. 2d 1249 (D.Nev.2001)
Nevada State Public Works Board v. Addison, Inc and National Fire Ins. Co., (2006)
Western Ins.Co.v.Saratoga Homes.
In re Mirage Volcano (resolved alleged waterproofing defect in Mirage volcano interior by shifting primary responsibility to liability insurance carriers)
In re MGM Hotel (successfully defended claims against surety through 9th circuit court of appeals against MGM’s allegations of delay related damages for principal’s interference with grand opening of hotel)

Associations

  • Southern NV Air Conditioning Refrigeration Service Contractors Assoc.
  • Plumbers and Mechanical Contractors of Nevada
  • Associated Builders and Contractors
  • The National Spa and Pool Institute

Sureties

  • Accredited Surety and Casualty Co., Inc
  • Travelers Bond and Financial Products
  • Liberty Mutual
  • Great American Insurance Company
  • Merchants Bonding Co.
  • Capitol Indemnity Corporation
  • SureTec Insurance Co.
  • HCC Surety Group
  • Hudson Insurance Group