Bovis Strikes Back - Nevada Supreme Court Takes Mulligan On Pay-if-Paid
In June, the Nevada Supreme Court released its opinion in Bovis v. Bullock, 124 Nev. Adv. Op. 39, 185 P.3d 1055 (June 2008). See this blog post on the case for details of the facts. In the Court's June opinion, it held that pay-if-pay provisions in subcontract agreements violate Nevada public policy. Although the subcontract at issue was entered into before the 2001 amendments to NRS Chapter 624, the Court declared in Footnote 33 that the prompt payment sections included in the 2001 amendments render pay-if-paid provisions unenforceable for contracts entered into after the amendments.
Now, the Supreme Cout has withdrawan its June opinion and replaced it with Bovis v. Bullock, 124 Nev. Adv. Op. 92 (Oct. 30, 2008).
Posted by Anthony Golden at 4:02 PM
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Categories: Construction | Nevada | Pay-if-Paid | Pay-when-Paid