BYRD UNDERGROUND, L.L.C. v. ANGAUR, L.L.C.

No. 61978.

332 P.3d 273 (2014)

BYRD UNDERGROUND, LLC; and Wells Cargo, Inc., Appellants, v. ANGAUR, LLC; Balaji Properties Investment, LLC; and U.S. Bank National Association, Respondents.

Supreme Court of Nevada.

August 7, 2014.


Attorney(s) appearing for the Case

Foley & Oakes, PC, and Daniel T. Foley , Las Vegas; M. Nelson Segel , Las Vegas; Peel Brimley LLP and Eric B. Zimbelman and Richard L. Peel , Henderson, for Appellants.

Fennemore Craig Jones Vargas and Craig S. Dunlap and Christopher H. Byrd , Las Vegas; Meier & Fine, LLC, and Glenn F. Meier , Las Vegas, for Respondents.

BEFORE THE COURT EN BANC.


OPINION

By the Court, GIBBONS, C.J.:

In Nevada, a mechanic's lien takes priority over other encumbrances on a property that are recorded after construction of a work of improvement visibly commences. The visible-commencement-of-construction requirement often gives rise to dispute, however, and the United States Bankruptcy Court for the District of Nevada has certified three questions of law to this court regarding this aspect of mechanic's lien priority...

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