Las Vegas Partner Mark Roach and Associate Attorney Alexandra Matloff
Obtained Summary Judgment in Favor of a Client in a Construction Lien Case
The client purchased a commercial property from a developer who had previously entered into a construction agreement to build a restaurant on the parcel. The client granted a temporary construction easement to the developer that included a clause whereby the developer agreed to indemnify the client for any liens that resulted from construction of the restaurant. The developer later failed to pay the general contractor for some of the work at the parcel, resulting in a lien on the client’s parcel and a lawsuit for outstanding payments owed against the developer and the client. The developer cross-claimed against the client alleging breach of contract and argued that the client had a duty as the owner to ensure that all construction costs were paid. Over the course of the extended litigation, the Las Vegas Koeller Nebeker team obtained a summary judgment ruling, in which the court held the developer was liable for the liens placed on the client’s property. Mr. Roach and Ms. Matloff recently prevailed on a second summary judgment motion resulting in dismissal of the developer’s cross-claims against the client. The client, who lives outside the country, is relieved and thankful for KNCH’s representation in this case.
