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Experience

Experience

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.

Thomas W. Davis, II

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.

Brian J. Pezzillo

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.

Nolan A. Yaldo

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.

Brian J. Pezzillo

Counsel for Construction Matters

Advised on a variety of construction projects for both gaming and non-gaming clients.

Gwen Rutar Mullins

Construction Company Buyout

Represented the co-owner of a construction company in the buyout of his membership interest. We obtained a favorable settlement.

Robert Hernquist

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.

Thomas W. Davis, II

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.  

Tejal S. Desai

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.

Jon D. Kreucher

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. 

Tejal S. Desai