icon on Construction & Development
Experience
Counsel to Public Charter School in Building Flagship Campus
Counsel to a Nevada public charter school in its borrowing of $34.77MM (backed by tax-exempt bonds), to finance the school’s purchase of land and construction of a flagship K-12 campus.
Counsel for Businesses
Provided counsel to numerous business entities including a large restaurant franchisee in Nevada and California, small and mid-size medical practitioners in Nevada, contractors and construction companies in Nevada and surrounding states, and architects in Nevada and California.
Case of First Impression – Statutory Releases and Equitable Fault Analysis to Reduce Liability Under Mechanic's Lien
Represented a specialty equipment supplier on a public works project involving a case of first impression on the issues of application of statutory releases under Nevada law and the use of equitable fault analysis being used to reduce liability under a security interest or mechanic's lien claim. The Nevada Supreme Court ruled in favor of the supplier and held that the district court erred in finding that the waiver, even though termed unconditional, was unenforceable, pursuant to the language of the pertinent Nevada statute, against the lien claimant. Likewise, the Supreme Court found that "equity" may not be used to reduce the value of a security interest or mechanic's lien held by a claimant.
Counsel to Financial Institutions
Represented multiple financial institutions in real estate, construction, and working capital financing transactions, including lead negotiation and drafting of credit agreement, promissory note, mortgage, assignment of leases, security agreement, and other ancillary documents related thereto.
Case of First Impression – Equitable Subrogation and Subordination of Mechanic's Liens and Construction Lenders
Represented mechanic’s lien claimants on multibillion-dollar hotel-casino bankruptcy lien litigation and resulting certified question to Nevada Supreme Court regarding issues of first impression addressing equitable subrogation and subordination between mechanic’s lien claimants and construction lenders who hold deeds of trust. A successful ruling was received in favor of the mechanic's lien claimants, which established that Nevada would adopt a minority position where mechanic's lien claimants would be favored over construction lenders in situations in which a lender paid a prior existing encumbrance.
Counsel for Construction Matters
Advised on a variety of construction projects for both gaming and non-gaming clients.
Construction Company Buyout
Represented the co-owner of a construction company in the buyout of his membership interest. We obtained a favorable settlement.
Contractual Rights Enforced
Represented numerous businesses or individuals seeking enforcement of contractual or other rights, including a $1MM+ jury verdict for an unpaid architect in California, a $2MM+ jury verdict for an unpaid contractor in Nevada, defense of an improper $300,000 commission claim in a Nevada arbitration, and defense of an improper eviction attempt in a Colorado jury trial.
Counsel to Contractors
Represented contractors in all aspects of construction disputes including successfully defending contractor's mechanics lien rights and obtaining favorable settlements of lien claims.
Construction Lien Defeated
Lead counsel for a renewable energy company in litigation that defeated the foreclosure of a construction lien by the wind project's general contractor.