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HOW DO CONTRACTORS GET PAID IN FULL FOR THEIR NEVADA CONSTRUCTION WORK?

Breach of Contract

Business Court Declines to Enforce a Covenant Not to Compete

Department 7 of the Washoe County Business Court entered a December 5, 2016 Order denying a temporary restraining order and preliminary injunction enforcing a former employee’s covenant not to compete. Background The plaintiff was a trading firm engaged in trading, investment, and other business activities in United States, European, and Asian markets. The defendant was […]

Washoe County Business Court Enters Preliminary Injunction

By Jerry Carter. A Washoe County Business Court Judge recently entered an Order on Application Granting Preliminary Injunction. The plaintiff mining company built a power plant at a cost of more than a half a billion dollars. The mining company contended that if the defendant power company installed series compensation equipment at a neighboring substation, the […]

Washoe County Business Court Grants Motion to Intervene

By Jerry Carter. A Washoe County Business Court Judge entered an Order Granting Motion to Intervene. The lawsuit involves a “One Nevada Transmission Line” project of which the intervenor, Great Basin Transmission South, LLC, is a majority owner. The Court determined that “Great Basin has a substantial interest in the subject matter of this litigation, by […]

Washoe County Business Court Determines that a Contract’s Mandatory Arbitration Clause Does Not Preclude a Lawsuit Seeking a Preliminary Injunction

By Jerry Carter. The Washoe County Business Court entered an Order Denying Motion to Dismiss a lawsuit involving a contract requiring mandatory arbitration. A mining company with operations in Nevada filed suit against an electrical utility company. The mining company also sought a preliminary injunction. Both parties agreed that their dispute is governed by an Interconnection Agreement […]

Nevada Supreme Court Narrowly Construes Indemnity Clause in Subcontractor Agreement

By Jerry Carter.  The Nevada Supreme Court recently decided a significant contract case against a general contractor that sought indemnity from its subcontractor.  The case is United Rentals Highway Technologies, Inc. v. Wells Cargo, Inc., 128 Nev. Adv. Op. 59 (December 6, 2012) (“United Rentals“). A general contractor, Wells Cargo, Inc. (“Wells Cargo”), hired United […]

Nevada Supreme Court Affirms Judgment That Subcontractor Failed to Establish Express or Implied Contract

By Jerry Carter.  The Nevada Supreme Court recently decided a significant contract case against a subcontractor who refused to sign the written subcontract agreement and failed to deliver any work that could be used by the general contractor.  The case is Certified Fire Protection, Inc. v. Precision Construction, Inc., 126 Nev. Adv. Op. 35 (August […]

Nevada Supreme Court Overturns Fraudulent Inducement Judgment Arising out of a Construction Subcontract

By Jerry Carter.  In its recent opinion in Road and Highway Builders, LLC v. Northern Nevada Rebar, Inc., 128 Nev. Adv. Op. 36 (August 9, 2012), the Nevada Supreme Court attempted to elucidate the sometimes blurry line between breach of contract and fraudulent inducement. The general contractor was the successful bidder on a freeway construction […]

Washoe County Business Court Enters Judgment Refunding Rent to Retail Tenant

By Jerry Carter.  The Business Court in the Second Judicial District Court entered an August 10, 2012 Findings of Fact, Conclusions of Law and Judgment in favor of a retail tenant in Reno, Nevada.  The dispute concerned a lease that allowed the retail tenant to pay “alternative” rent if less than sixty percent of the shopping […]

Washoe County Business Court Refuses to Dismiss Misrepresentation Claim

By Jerry Carter.  The Washoe County Business Court entered an Order Dated July 18, 2012 allowing the purchaser of a business to go to trial on a misrepresentation claim against the sellers of the business.  The purchase was structured as an asset purchase.  After the sellers sued the purchaser for breach of the agreement, the […]

Washoe County Business Court Enters Preliminary Injunction Protecting Proprietary Seal Coat and Formula

By Jerry Carter.  In a July 17, 2012 Order, the Washoe County Business Court granted a preliminary injunction in favor of the licensor of an asphalt emulsion sealcoat formula.  The licensor licensed a formula called “Pitch Black.”  The secret ingredients of the Pitch Black formula include a polymer and a specialty clay.  The licensee conceded […]

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