RSS 2.0 Providing notice to a general contractor: 11/01/09
Does the Failure to Provide Notice to a General Contractor Bar Recovery Against a Surety? The Nevada Supreme Court in Hartford Fire v. Trustees of Constr. Indus., 125 Nev. Adv. Op. No. 16 (May 28, 2009) recently held that a surety would properly dismissed from a lawsuit brought under NRS 339.035, a statute modeled after the federal Miller Act, 40 U.S.C. §§ 270b and 270c (1935), when notice was not given by the subcontractor’s employees nor the employee-benefit trust-fund trustees who were essentially third party beneficiaries of the subcontractor’s promises to make contributions for their employees. However, if the action was brought under NRS 608.150, no notice requirement was imposed. NRS 608.150(1) provides that:
[e]very original contractor making or taking any contract in this State for the erection, construction, alteration or repair of any building or structure, or other work, shall assume and is liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract . . . .
To Blank,
I am reaching out to you on behalf of LCPtracker, a collaborative software tool used by contractors and local governments to assure “proper pay” as required by state and federal law for public works projects. We are based in the Orange County area and have been in business since 1992. Currently, we are the market leader of our industry.
We recently started our social media campaign and have sought out blogs such as yours to network and collaborate with. We know that networking is the most important tool online and that it will bring success to both of our online publications. We would like to connect with your blog by having a link to our blog on your site and we would like to return the favor by linking to your blog on ours. We also would like to syndicate material that would lead to much more traffic for both our blogs.
We would like to start our networking with an effort to bring awareness to the Nevada State Law that just passed: AB144.
We think that this article would be beneficial to your readers/followers and we are sure that your readers would be interested in reading about our perspective on AB144 Law. As well as posting our original article, feel free to post a response to our article onto your site. If you choose to do so we’d love for you to provide us with a link to the postings and to link back to our website and original blog post within your post when doing so. If you also have resources to share, we would love to redirect our followers to your site.
We would love to hear back from you.
As a courtesy we have also attached the pdf to this email.
http://www.lcptracker.com/documents/The_State_of_Nevada_AB144.pdf
Thank you very much for your time and consideration!
Amanda Douglas
LCPtracker, Inc