Construction & Development
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.
Mechanics Lien Act – 90-Day Notice Satisfies 60-Day Notice Requirement
Represented sub-contractor in an appeal where the homeowners challenged sub-contractor's notice to homeowner under the Illinois Mechanics Lien Act. Successfully obtained a ruling from the appellate court finding that client's 90-day notice also complied with 60-day notice requirement under the Illinois Mechanics Lien Act.
Counsel on Mixed-Use Development
Lead negotiation and drafting of documentation for $5.4 MM mixed-use development involving historic tax credits, including entity formation in compliance with tax safe-harbor, land acquisition, financing, and construction contracts.
Public Funds Lien Claim Successfully Resolved
Represented a construction manager in the defense of a public funds lien claim relating to a municipal emergency call center. Following a 28-day trial over a 14-month period, we successfully obtained a defense judgment for our client and also a judgment in our clients favor on our counterclaim.
Claims Against Construction Manager Dismissed
Represented a construction manager and obtained dismissal of a multimillion-dollar construction defect action based on a third-party plaintiff's failure to comply with applicable statutory requirements.
Summary Judgment Granted and Attorneys' Fees Awarded to Bank
Successfully defended a bank in a fraud and negligence action brought by a general contractor seeking over $4.2MM for work to property that was acquired by the bank in foreclosure. Obtained summary judgment on all claims in bank's favor and an award of attorneys' fees of over $200,000.
Successful Judgment on Construction Claim
Served as trial counsel in a breach of contract construction-related dispute, which resulted in a $500,000 judgment for our client following a five-day bench trial.