October 2020 Read Barbara Holland’s Las Vegas Review-Journal article where she interviews Partner Matthew Grode regarding Nevada’s SB4 pertaining to limiting liability regarding COVID-19.  SB4 does not offer HOAs complete immunity from liability_ Las Vegas Review-Journal For more information contact: Matthew L. Grode mgrode@gibbsgiden.com (310) 734-3345 In his many years of practice, Mr. Grode represents hundreds of community associations relative to a broad array of legal issues including, but not limited to, interpretation and enforcement of governing documents, drafting of governing documents, contract negotiations and disputes, and construction defect litigation.  The content contained herein is published online by Gibbs Giden […]

October 2020 The Nevada Court of Appeals recently clarified the effect that a surety bond has on a validly recorded mechanic’s lien.  In Ascent Construction, Inc. v. Sonoma Springs Ltd. P’ship, 460 P.3d 481 (Nev. 2020), the Appellate Court found that NRS 108.2275 allows a district court to reduce the amount of a lien upon motion, even if the moving party has recorded a surety bond on the property in response to the lien.  Ultimately, the Appellate Court found that a surety bond does not wipe out a mechanic’s lien, rather, “some of the lienholder’s rights and duties [are] transferred […]

October 2020 Mechanic’s Liens are powerful tools for contractors, subcontractors, and material suppliers who find themselves dealing with a customer who is refusing to pay for work or materials supplied on a project.  However, meeting notice and timing requirements are essential to maintaining lien rights.  A recent decision by the Nevada Supreme Court highlighted the necessity of complying with notice requirements under NRS 108.  In Reed v. Soligent Distrib., LLC, the Court found that Soligent’s lien, that had been otherwise validly recorded, should be released because Soligent had failed to serve a Notice of Right to Lien on the property […]

The Nevada Supreme Court has ruled, after much delay, that the non judicial foreclosure of a delinquent assessment lien by a common interest community extinguished the lien of the lender’s first trust deed. As noted by the Court “With limited exceptions, this lien is ‘prior to all — other liens and encumbrances’ on the homeowner’s property, even a first deed of trust recorded before the dues became delinquent,” To read this very important decision, download here.  For more information contact: Matthew L. Grode Gibbs Giden Locher Turner Senet & Wittbrodt LLP 1880 Century Park East, 12th Floor Los Angeles, California 90067 […]

2011 Nevada Legislative Changes to Commercial Tenancies (AB 398 will take effect on October 1, 2011) Prior to the enactment of AB 398 on June 4, 2011, there were no Nevada laws that dealt specifically with commercial landlord-tenant issues. Instead, the only governing law for landlord-tenant issues was NRS Chapter 40, which primarily deals with residential properties. AB 398 now creates a new chapter in Title 10 of the NRS relating solely to commercial tenancies. Section 15.5: Jurisdiction AB 398 provides that justice court has jurisdiction over any civil action concerning the removal of a tenant from commercial premises in […]

AB 144: Significant Changes to Public Works  Preferential Bidding Requirements  Under the existing law, a contract for public works is awarded to the contractor who submits the best bid. A contractor may then qualify for a 5 point preferential credit in bidding on a public work if a contractor submits proof to the Nevada Contractors’ Board has paid certain taxes to the State for the past 5 years.  Recently, on April 27, 2011, Governor Brian Sandoval signed into law Assembly Bill (AB) No. 144, which created significant changes in NRS Chapter 338 and NRS 408.3886 relating to preferential bidding on […]

Priority of Mechanics’ Liens: Bank vs. Contractor Black’s Law Dictionary Word of the Month  Priority, n.: (1) The status of being earlier in time or higher in degree or rank; precedence. (2) An established right to such precedence; esp., a creditor’s right to have a claim paid before other creditors of the same debtor receive payment. Q: How does priority affect my mechanics’ lien on a property when a foreclosure happens? A: At the peak of the economic boom, the issue of mechanics’ lien priority on a construction project was hardly a concern. However, as property values continue to decline, priority […]