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Experience
Summary Disposition Granted in Contentious Business Dispute in favor of General Contractor
Lead counsel for a general contractor in a contentious dispute brought by a subcontractor in the Macomb County Circuit Business Court concerning the construction of a new senior assisted living facility. Achieved summary disposition of all of the plaintiff subcontractor’s claims, which was affirmed by the Michigan Court of Appeals.
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.
Successful Defense of Construction Breach of Contract Claim
Represented a large commercial builder client in a breach of contract case regarding its construction of a $23MM senior living facility on property that the builder had repurposed from its prior uses as a church and school. Successfully resolved all claims in the case and concluded the dispute with a sale of the property to a private equity group that resulted in a substantial profit.
Counsel for Construction Matters
Advised on a variety of construction projects for both gaming and non-gaming clients.
Corporate Counsel Matters
Corporate counsel to various companies providing software development, vulnerability testing, IOT solutions, manufacturing, technology development, construction, or consulting services.
Defense Verdict for Construction Supply Company
Representation of a construction supply company in a wrongful termination action. We obtained a defense verdict in arbitration.
Construction Company Buyout
Represented the co-owner of a construction company in the buyout of his membership interest. We obtained a favorable settlement.