CASHMAN EQUIP. CO. v. WEST EDNA ASSOCIATES

No. 61715, No. 65819, No. 66452.

380 P.3d 844 (2016)

CASHMAN EQUIPMENT COMPANY, a Nevada Corporation, Appellant, v. WEST EDNA ASSOCIATES, LTD., d/b/a Mojave Electric, a Nevada Corporation; Western Surety Company, a Surety; and The Whiting Turner Contracting Company, a Maryland Corporation, Respondents. Cashman Equipment Company, a Nevada Corporation, Appellant, v. West Edna Associates, Ltd., d/b/a Mojave Electric, a Nevada Corporation; Western Surety Company, a Surety; The Whiting Turner Contracting Company, a Maryland Corporation; QH Las Vegas LLC, a Foreign Limited Liability Company; PQ Las Vegas, LLC, a Foreign Limited Liability Company; LWTIC Successor LLC, an unknown Limited Liability Company; and FC/LW Vegas, a Foreign Limited Liability Company, Respondents.

Supreme Court of Nevada.

FILED SEPTEMBER 29, 2016.


Attorney(s) appearing for the Case

Howard & Howard Attorneys PLLC and Jennifer R. Lloyd , Brian J. Pezzillo , and Marisa L. Maskas , Las Vegas, for Appellant.

Holley, Driggs, Walch, Fine, Wray, Puzey & Thompson and Brian W. Boschee and William N. Miller , Las Vegas, for Respondents.

BEFORE THE COURT EN BANC.


OPINION

In this matter, we consider whether an unconditional release from a bottom-tiered contractor (Cashman) to a higher-tiered contractor (Mojave) is enforceable when the higher-tiered contractor properly paid the middle-tiered contractor (Cam) but the middle...

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