Legal Alert - Nevada Supreme Court Clarifies Lender v. Mechanics' Lien Priority Disputes
by Leon F. Mead II, Laura Ellen Browning and Alison Tashima
On October 25, 2012, the Nevada Supreme Court, in a case of first impression, held that equitable subrogation cannot be used as a method to repair broken priority over mechanics' liens, but left the door open to the potential for a contractual subordination alternative in its decision In re: Fontainebleau Las Vegas Holdings, LLC, 128 Nev. Adv. Op. 53 (Oct. 25, 2012).