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FIVE THINGS YOU CAN DO RIGHT NOW TO REDUCE RISK IN YOUR BUSINESS

Business Agreements

Washoe County Business Court Dismisses Complaint by Check Fraud Defendant Against Bank That Allegedly Divulged Confidential Information

By Jerry Carter.  The Washoe County Business Court entered a January 17, 2013 Order dismissing a third-party complaint brought by check fraud defendants.  Earlier in the case, in an August 23, 2012 Summary Judgment Order, the Business Court found that there was no genuine dispute that Defendant Davis received a check from A4 Diamond (“A4”) […]

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 […]

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