Pay-if-paid Provisions Not Per Se Unenforceable in Nevada

Where a general contractor failed to pay its subcontractor and used the pay-if-paid clause of the subcontract as the reason for not making payment, the Supreme Court of Nevada held that the contract provision was not per se void and unenforceable in light of the...

Road Construction Contractor Owed Duty of Care to Motorist

A highway contractor controlling traffic on a road on which it is performing construction owes a duty of care to a motorist who was rear-ended when forced to stop behind a car that wasn’t able to turn left at an intersection where traffic was backed up and stopped due...

Fraud Claims against Engineer Dismissed for Lack of Specificity

Homeowner filed suit against its design-build contractor for defects in a $1 million swimming pool.  In addition to claims for negligent design and construction defects, the homeowner asserted that the designer and design-builder were guilty of fraudulent educement,...