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Construction and Marijuana: How Will Legalization Affect the Industry?

Construction and Marijuana: How Will Legalization Affect the Industry?

It’s beginning to feel like the widespread legalization of marijuana is inevitable. While marijuana is still an illegal substance under federal law, several states have decided to legalize cannabis. Effectively, this means that the states haven’t actually “legalized” marijuana, as much as they have decided to no longer punish the use of the substance. Rather […]

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Big Win for Mechanics Liens in Nevada

Big Win for Mechanics Liens in Nevada

About two weeks ago, the Supreme Court of Nevada seriously strengthened mechanics liens in the state. Nevada has a checkered history regarding mechanics liens. In the past we’ve seen the state leave mechanics liens subordinate in priority battles, but we have also seen the state provide leeway regarding material suppliers’ liens. In Cashman Equip. Co. v. W. Edna Assoc., Ltd, […]

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Solar Contractor Bankruptcy Results in Over 150 Liens

Solar Contractor Bankruptcy Results in Over 150 Liens

Green construction is one of the fastest growing fields in the construction industry. With heightened attention now given to environmental impact, homeowners and businesses alike are doing what they can to go green. Green construction projects can, however, pose unique issues. The recent bankruptcy of Summerlin Energy did not involve these unique issues, though. Summerlin Energy is a contractor […]

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Securing Lien Rights in Nevada

Securing Lien Rights in Nevada

Sending preliminary notice is required from most parties furnishing labor or materials to construction projects in Nevada in order to preserve the right to file a mechanics lien in the event of nonpayment. There are two different types of notice: Notice of Right to Lien and 15-Day Notice of Intent to Lien. Failure to comply […]

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Nevada Rules On Equal Priority Liens

When things go wrong on a work project and you need to file a mechanics lien, chances are you are not the only party filing a lien. In scenarios like this, lien priority becomes a very important issue. The point is to get paid. That means if you’re not high in priority, or even first […]

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What is the Nevada Notice of Nonresponsibility?

Nevada Notice of Nonresponsibility

What is a Nevada Notice of Nonresponsibility? A Nevada Notice of Nonresponsibility (or Non-Responsibility) is a little understood document. It’s purpose is to protect a property owner or interested party from having liens filed against the property in question for which he does not feel he should be held responsible. Why File a Notice of […]

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Nevada Lien Priority Battle Leaves Mechanics Lien Subordinate

Mechanics liens are powerful tools to secure payment, but when there’s not enough money to go around, it may ultimately be a lien’s priority that determines whether or not the lien claimant will be paid. Priority battles can be a messy, and in some cases can be a winner take all fight. Priority doesn’t really matter […]

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What Qualifies as Commencement of Construction In Nevada?

The Nevada Supreme Court has recently examined quite a few questions regarding the interpretation of mechanics lien laws in that state. Not only has that court clarified the circumstances giving rise to a material supplier’s mechanics lien, and provided insight into the lien waiver process, it has also responded to direct questions from a bankruptcy […]

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Court Saves Material Supplier From Lien Waiver Mismanagement

Recently, the Nevada Supreme Court decided Simmons Self-Storage v. Rib Roof, Inc., and while this case is especially notable for clarifying material suppliers’ rights to file mechanics liens without proving that the delivered materials were actually used in the project (and deftly overturning more than 50 years of precedent), it is also provided interesting insight into […]

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Nevada Supreme Court Clarifies Material Suppliers’ Mechanics Lien Rights

A recent case decided by the Nevada Supreme Court sheds some clarifying, and transformative, light on the mechanics lien rights of material suppliers.While mechanics liens generally provide protection to parties who furnish labor or material to construction projects, there are sometimes additional requirements for the provider of materials in order to gain that protection. Since […]

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