Real Estate and Construction law governs residential and commercial property transactions in the development process for both private and public owners from acquisition to completion. McCullough & Associates, Ltd. handles commercial, residential and industrial real estate cases involving developers, contractors, architects, construction managers, subcontractors, and material suppliers. Our experience includes bid protests, construction, mechanic’s liens, licensing, defect claims, contracts and contractor disputes. Specifically the following:
- Bid contests
- Breach of contract
- Contractor disputes
- Contractors Board hearings
- Construction defect litigation
- Delay claims
- Land use and zoning
- Mechanic’s liens
- Mold litigation
- Money owing complaint
- Prevailing Wage Claims
- Public works; and
- Discipline Complaints
Arbitration can be either voluntary or mandatory. In voluntary, it can be held pursuant to whatever procedures and rules that the contracting parties have agreed to, and can be held pursuant to a particular company’s format such as the American Arbitration Association, JAMS, or Advanced Resolution Management. In addition to private arbitration, in the State of Nevada in Clark County and Washoe County there is a mandatory non-binding arbitration process for all cases that are in dispute for amounts less than $50,000.00. Either in private or court mandated arbitrations, the case is normally handled by one but could be handled by more than one arbitrator who will issue an award and decision. At McCullough, Dobberstein & Evans, Ltd. we not only have attorneys who are experienced in both the private and the court mandated arbitration process, but also have attorneys who act as arbitrators in both voluntary and mandatory arbitrations.
Our construction attorneys have experience to help you with qualifying for bids for public works projects as well as representing your company with presentations before public entities.
Surety bonds assure contract completion and payment in the event of contractor default. A project owner (or obligee) seeks a contractor (or principal) to fulfill a contract. The contractor obtains a surety bond from a surety company. If the contractor defaults the surety company is obligated to find another contractor to complete the contract or compensate the project owner for the financial loss incurred.
There are five types of surety bonds:
- Bid bond – insures the owner that the successful contractor will enter into the contract and furnish the required payment and performance bonds if awarded the contract.
- Payment bond – insures suppliers and subcontractors are paid for work performed under the contractor.
- Performance bond – insures the contractor performs all work in accordance with the terms and conditions of the contract.
- Ancillary bond – insures the requirements integral to the contract, but not directly performance related, and
- Mechanic’s lien bond – insures the lien claimant has security to collect upon the lien claim once such has been perfected, and allows the owner to sell or encumber the property.
When there is a defect in the construction of a building, the risk of injury or accident to occupants increases. Our attorneys understand the intricacies of the construction process, and the type of injuries and damages that can occur at a construction site
Settling a dispute with a general contractor does not necessarily have to involve legal proceedings. Mediation or binding arbitration are two options that allow you to avoid costly litigation. If your dispute exceeds the amount allowable in small claims, consult with one of our construction attorneys who have expertise in contractor litigation.
CONTRACTORS BOARD HEARINGS
The Nevada State Contractors Board has two forms of proceedings used to discipline contractors. Those being either an administrative citation or disciplinary complaint. The board may also send a warning letter, which becomes part of the contractor’s record, or if the case is particularly egregious it may pursue a criminal complaint. The contractor faces losing his or her license if a citation or complaint is ignored. A contractor who is served with a citation or complaint should immediately seek counsel or an experienced construction attorney.
Construction projects often require multiple contracts in order to obtain access to labor and materials. A breach of any contract can bring progress to a halt. We work with you to get the compensation necessary to complete your project on schedule. We can also help you draft and review future contracts.
Construction defects may be either patent (immediately obvious) or latent (only apparent years later) and fall into four categories:
- Design – related to the architectural basic engineering design of the structure;
- Material – use of substandard building materials;
- Construction – inferior craft on behalf of laborers; and
- Subsurface – issues resulting from soil conditions.
Our construction attorneys understand the intricacies of construction defects and will represent you if you have been accused of negligence in a lawsuit as a result of your role in the construction industry, or if you happen to be an owner or developer of a project that has experienced a defect, and would like to pursue such under Chapter 40 of the Nevada Revised Statutes. The defect, whether subsurface, design, material or construction based, may have been the fault of a number of parties. You deserve to have your legal rights and professional reputation protected.
Construction projects are seldom completed as planned. Projects can be effected by changes in design, weather, unexpected circumstances, late deliveries and other factors. Some contracts require notice to be provided or a written request for additional time or expenses. In a delay claim, the contractor must prove that the party’s actions delayed activities on the “critical path” of the contractor’s performance of the contract. To do so, a contractor must establish that the as – planned critical path, which needs to be carefully updated to reflect the construction project has actually been impacted. Critical Path Method (CPM) schedules are the standard method for documenting the critical path.
GENERAL COUNSEL SERVICES
Our general counsel clients can draw upon the breadth of experience at McCullough, Dobberstein & Evans, Ltd. to handle any legal issues that may arise at your business as it expands and evolves. Our attorneys form close relationships with our clients and serve and protect their interests. Additionally, we offer low cost, reasonable rates as corporate counsel and can set up both yearly and monthly retainer agreements that will also benefit you as a client with lower hourly rates.
The State of Nevada requires a license from the Nevada State Contractors Board to work with as a contractor. Licenses from other states are not recognized in Nevada. Along with the Nevada State Contractors Board contractor’s laws there are also workers compensation laws, trade restrictions and other construction laws. Contractors from outside the state that obtain a Nevada license must also meet the registration requirements for foreign companies to perform work in Nevada and must register with the Secretary of State.
When a business delivers materials, or performs work which improves property in Nevada, under NRS Chapter 108, the business may record a mechanic’s lien against the property if they have not received payment for their work. There are specific detailed requirements that have to be made by the injured party and they have to be met within a short time frame otherwise, the injured party cannot record a lien against the property, nor have it enforced in a court of law in the state of Nevada. As such, it is extremely important that you contact McCullough, Dobberstein & Evans, Ltd. to assist you in preparing the necessary prelien documents that needs to be served upon a variety of different parties, and have the lien recorded in a timely fashion, as well as prepare a complaint to foreclose upon it within the proper time frame. Likewise, McCullough, Dobberstein & Evans, Ltd. may assist a property owner by having an improper lien removed from a property if the contractor has failed to follow the necessary statutory requirements.
The discovery of toxic mold can lead to a lawsuit against a landlord, property manager, previous owner, construction company, contractor, supplier or manufacturer of the infected building materials, or if an insurance company fails to uphold the terms of their policy.
Many polices have a “no action” clause, which requires a lawsuit be filed within a year from when the mold was discovered. The statute of limitations requires filing your claim within a short time frame after finding the problem.
Public contracting and procurement involves a complex system of laws and regulations that govern how construction projects are bid and awarded, as well as how bid and contractor disputes are resolved. If you are involved in a public works project, consult with the construction law attorneys at McCullough, Dobberstein & Evans, Ltd. to streamline the process and insure the best outcome.