Certified Fire Protection, Inc. v. Precision Construction, Inc.
128 Nev. 371
| Nev. | 2012Background
- General contractor Precision solicited sub bids for a warehouse sprinkler system; Certified submitted a bid and was later asked to sign an unsigned subcontract with additional terms.
- Certified objected to terms changing scope, timing, and insurance requirements; drawings were produced starting January 2006.
- Precision terminated Certified on February 16 for refusal to sign, lack of insurance, and design defects; Certified asserted quantum meruit, unjust enrichment, and lien-based claims.
- The bench trial concluded no enforceable contract existed for the design work; quantum meruit and unjust enrichment claims were denied for lack of benefit to Precision.
- Certification filed appeal and Precision cross-appealed on attorney fees; district court denied attorney-fees requests under Beattie factors and NRS 108.237.
- Certified’s lien was expunged; the court ultimately affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of an express contract for design work | Certified asserts an implied contract for design work | Precision contends no design-only contract existed | No enforceable express contract for design work existed |
| Quantum meruit or unjust enrichment for design work | Certified seeks recovery for design work under quantum meruit/unjust enrichment | Precision argues no value-benefit conferred to justify recovery | District court properly denied recovery under both theories |
| Attorney fees and lien-related fees on appeal | Beattie factors support fee denial? | Court should award fees for offer of judgment and lien defense | district court did not abuse discretion; fees denied/awarded appropriately on cross-appeal |
Key Cases Cited
- Gulf Oil Corp. v. Clark County, 575 P.2d 1332 (Nev. 1978) (offer/acceptance concepts in contract formation)
- May v. Anderson, 119 P.3d 1254 (Nev. 2005) (contract formation elements; meeting of minds)
- Luciano v. Diercks, 637 P.2d 1219 (Nev. 1981) (courts imply findings if record supports judgment)
- Thompson v. Herrmann, 530 P.2d 1183 (Nev. 1975) (quantum meruit requires a benefited plaintiff; no benefit here)
- State Drywall v. Rhodes Design & Dev., 127 P.3d 1082 (Nev. 2006) (Beattie factors; discretion to award attorney fees)