James Cavanaugh | Gordon Rees Scully Mansukhani | August 15, 2017 In construction defect litigation, including matters where the contractors are covered by owner controlled insurance policies (“OCIP”) or design professionals are not sued by plaintiff, a question often arises as to whether or not the co-defendants should file cross-claims for indemnity or contribution regarding… Continue reading Nevada Non-Mutual Claim Preclusion Case Effect on Permissive Cross-Claims
Tag: Nevada
Builders Fear Litigation Reforms Could be Dismantled by Proposed Nevada Legislation
Sally Roberts | Northern Nevada Business Weekly | April 17, 2017 Nevada contractors feel like they’re facing a wrecking ball in the 2017 Nevada Legislative Session. Progress made in 2015 to make construction defect regulations more reasonable, according to the industry, could be dismantled by a pair of bills introduced in the 2017 session, Assembly… Continue reading Builders Fear Litigation Reforms Could be Dismantled by Proposed Nevada Legislation
Nevada Department of Transportation (NDOT) is Not a Design Professional for Certificate of Merit Purposes
Brian K. Walters | Gordon & Rees LLP | June 6, 2016 Like many states, Nevada has heightened requirements for actions against design professionals for professional negligence. Commonly known in other jurisdictions as a “certificate of merit”, NRS 11.256 – NRS 11.259 require that a complaint filed against a design professional in the nonresidential construction… Continue reading Nevada Department of Transportation (NDOT) is Not a Design Professional for Certificate of Merit Purposes
Revisiting Construction-Defect Law, a Year Later
Robert McPeak | Vegas Inc. | April 11, 2016 Nevada’s homebuilding industry, long plagued by sometimes-spurious litigation under construction-defect laws, commonly known as “Chapter 40,” found relief Feb. 24, 2015, in the form of Assembly Bill 125. Primarily, AB 125 narrows the definition of “constructional defect” to any defect that causes physical damage to the… Continue reading Revisiting Construction-Defect Law, a Year Later
Nevada Supreme Court Finds Waiver of Right to Arbitrate Based on Separate, But Related Litigation
Mark W. Frilot | The Dispute Resolver | March 16, 2016 The Nevada Supreme Court recently ruled that a party defendant waived its right to compel arbitration due to its litigation conduct in a separate, but related litigation. The court also clarified Nevada jurisprudence regarding whether the court or arbitrator should decide if a party… Continue reading Nevada Supreme Court Finds Waiver of Right to Arbitrate Based on Separate, But Related Litigation