Construction Litigation

The attorneys at Davis|Stibor have significant experience representing owners, general contractors, subcontractors and material suppliers in construction disputes on federal, state and private construction projects.  In Nevada, if contractors, subcontractors and material suppliers are not promptly paid on private works projects, they have the right to terminate the contract and file a complaint to recover damages.  Additionally, Nevada’s mechanic’s lien statutes provide a powerful remedy to contractors, subcontractors and material suppliers to seek payment from the owner by selling the property they improved.  If contractors, subcontractors and material suppliers are not promptly paid on public works projects, they have the right to bring an expedited action to recover payment of the sums due and owning, or to make a claim against the bond posted by the upstream contractor.

When a contractor experiences delays and disruptions, our attorneys know the importance of examining in detail project documents, daily job logs, e-mails, schedules, and job cost reports to reconstruct what caused the construction delays.  We have successfully represented clients on public and private construction projects involving simple and complex delay claims.  Shan Davis has lectured on the subject of delay claims, and the steps contractors should take during construction to document delays and disruptions in the event a lawsuit has to be filed to recover these damages.  Mr. Davis has also written on the issue of whether delay and disruption damages are properly included in mechanic’s liensSee Associated General Contractors, Construction Connection, “Owner Caused Delay Damages Are Often Recoverable,” August 2010.

We have successfully represented clients in actions brought under Nevada’s public works prompt payment statute, NRS Chapter 338.  This statute allows contractors, subcontractors and material suppliers whose funds have been unjustifiably withheld to bring an application filed with the district court to immediately recover these funds.  Our attorneys also have experience recovering against bonds po sted by upper-stream contractors to recover funds that have not been paid on public works projects. We know the importance of prompt payment.

Our attorneys are experienced in recovering damages from insurance companies on projects where owners have alleged construction defects.  When the owner has filed a complaint alleging construction defects, it is critical for general contractors and subcontractors to make a timely claim against the applicable insurance policies. In many instances, general contractors have the additional coverage of their subcontractors’ policies as the additional insured. The attorneys at Davis Stibor have experience handling claims brought by general contractors and subcontractors against insurance companies for bad faith when valid claims are denied.

We also represent our construction clients before administrative bodies such as the Nevada State Contractors Board, and we have successfully defended our clients against claims brought by the Occupational Safety & Health Administration (OSHA).  OSHA citations carry with them both criminal and civil penalties.  OSHA carries the burden to prove that the contractor, subcontractor or material supplier violated the law or regulation at issue.   The attorneys at Davis Stibor have successfully appeared before the Safety and Health Review Board on behalf of their clients to challenge questionable citations issued by OSHA inspectors.  We are familiar with this process, and have the knowledge and experience to mount a vigorous defense on behalf of our clients.