Fennemore Craig Construction Law Blog

Construction law decisions made by Nevada and Arizona courts as well as federal laws relevant to construction attorneys.

Author: Jeffrey J. Steffen and Anthony Golden are associates at Fennemore Craig in Las Vegas.

Blawg Related Categories: States • Arizona • Nevada • Associate • Construction Law

Recent Posts from Fennemore Craig Construction Law Blog

Colorado Construction Payment Reform Act of 2009
In an attempt to shorten the time owners have to pay contractors and subcontractors, the Colorado Legislature introduced Colorado Senate Bill 09-095 (the “Construction Payment Reform Act of 2009” (“Act”)). While the Act is designed…
CASE ALERT—New Arizona Appellate Decision Enforces Narrow Form Indemnity Clause Against General Contractor
On November 13, 2008, the Arizona Court of Appeals issued its decision in MT Builders, LLC v. Fisher Roofing, Inc., interpreting a “narrow form” subcontract indemnity provision which reads, in part as follows: “the [Subcontractor]…
Arizona Supreme Court Rules on Contract Provisions Capping Damages
Professional service contracts often include provisions that limit the service providers’ liability to the amount received under the contract. In a decision earlier this year, the Arizona Court of Appeals ruled that, under the Arizona…
Bovis Strikes Back - Nevada Supreme Court Takes Mulligan On Pay-if-Paid
In June, the Nevada Supreme Court released its opinion in Bovis v. Bullock, 124 Nev. Adv. Op. 39, 185 P.3d 1055 (June 2008). See this blog post on the case for details of the facts. In…
Is a Lien Claimant Entitled to Post-Judgment Attorney Fees?
In Carl B. Barney v. Mt. Rose Heating & Air Conditioning, 124 Nev. Adv. Op. 71 (Sept. 18, 2008), the Nevada Supreme Court addressed, among other things: (1) whether NRS 108.237(1), which allows for recovery…
Nevada Supreme Court Clarifies its Definition of a "New Residence" for NRS Chapter 40
In ANSE, Inc., d/b/a Nevada State Plastering v. The Eighth Judicial District Court, 124 Nev. Adv. Op. 74 (Sept. 25, 2008), the Nevada Supreme Court clarified whether their definition of a “new residence”, as decided…
Contractor's License is Intangible Personal Property that is Subject to a Claim for Conversion
In M.C. Multi-Family Dev. v. Crestdale Assoc., 124 Nev. Adv. Op. No. 77 (Oct. 2, 2008), the Nevada Supreme Court concluded that a contractor's license is the personal property of the entity or individual named…
Court Holds Discretionary Immunity Protects Governmental Entity from Tort Liability in Accepting or Rejecting Bids for Public Works Projects
The Nevada Supreme Court held recently that a Boulder City engineer's requirement that a low-bidding general contractor replace a particular subcontractor before the City would accept the bid was an action falling under discretionary immunity…
Contractor Liability Under Implied Warranties in Residential Construction
The Arizona Supreme Court recently ruled that homeowners (and homeowner associations on behalf of homeowners) may sue residential homebuilders on an implied warranty of workmanship and habitability even if the homebuilder was not also the…
Contractors Must use E-Verify to Verify Workers Employment Eligibility for all Future Federal Contracts
On June 6, 2008, President Bush issued an Executive Order amending Executive Order 12989, which directs all Federal departments and agencies to require contractors, as a condition of each future federal contract, to agree to…