Under Construction - Fall 2018


Letter From the Editor

Welcome to the fall 2018 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish the year strong and profitable. 

In this issue, we highlight several topics affecting the construction industry, including design professional best practices for successful project delivery and loss prevention. Take a look at our first article which contains a refresher on some of the most common issues that arise. This may help you or save you with respect to a potential loss down the road. 

Teaming up? Our second article takes a look at a growing trend in the construction industry wherein contractors, subcontractors and designers are working together to pursue large construction projects, and what are some of the pros of teaming agreements. 

The Utah Court of Appeals recently decided Camco Construction, Inc., et al. v. Utah Baseball Academy, Inc., et al.,. The case involved the owner’s plan to build an indoor athletic facility, which it would then lease to a related entity, and the financing of the project by the bank. Unfortunately, the baseball facility was not built and unlike the Kevin Costner movie, no one came. Rather, the project became mired in a dispute and litigation. Our third article provides lessons regarding project financing, jury waivers and adequate appellate briefs that can be learned from this decision. 

Finally, a recent Nevada Court of Appeals decision reaffirmed that attorneys’ fees and costs in actions to release mechanics’ liens under NRS 108.2275 are only available in limited circumstances. This article reviews the background of this ruling and what it means moving forward, specifically in relation to these types of attorneys’ fees issues. 

We hope you will find these articles informative and enlightening. Please let us know if you want us to address a specific construction issue in a future newsletter. We hope you have a profitable, busy and safe fall season! 

Jim Sienicki

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