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We guide small business owners over rocky legal terrain so they can protect and grow their companies. WAYS TO SECURE YOUR PAYCHECK FROM STUBBORN CLIENTS
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May 2023
Contractors, This One’s for You! 2
When you send an invoice, how many times do you typically follow up to get results? If you’re a contractor who improves residential or commercial properties, the answer is probably “half a dozen” — and sometimes, I bet your clients still stiff you. It pains me to see this happen to my fellow business owners. There’s nothing more frustrating than delivering a product or performing a service and getting stonewalled in return. After all,
strategy works particularly when your work involves payment bonds, labor and material bonds, or contractor license bonds. Depending on your situation, you may be able to make a claim against one of those bonds to collect your money. We have helped subcontractors, material suppliers, and even employees use this strategy to get cash from general contractors. Every contractor should know about and use these strategies. I also recommend taking proactive steps to ensure your clients pay, like these:
• Double-check that you’re licensed and only perform work within the scope of your license. • Create contracts for every job and review your contract forms to make sure they match what you’re promising to deliver. • Document all of your change orders in writing. • Follow the procedures you designed to protect yourself and your company whenever possible. Most contractors get in trouble when they take calculated risks and leave those procedures behind. If you’re tempted to do this, pick up the phone and call us first. We’ll explore all of your options, and we’ll explain how to best protect yourself. My last and biggest piece of advice is this: Scan the QR code on this page to download our free guide, “How Do Contractors Get Paid in Full for Their Nevada Construction Work?” It will explain exactly how to file a mechanic’s lien and give you more tips I can’t fit here. No one should toss and turn at night wondering if they will be paid for their work. If you follow these steps, you can avoid the stress of unpaid invoices.
you’re in business to better your life and the lives of your family. If you aren’t paid for your work, you feel the consequences at home. Unfortunately, clients refuse to pay all the time, especially when it comes to construction crews who make backyard improvements, supply crucial machinery for power plants, or paint and renovate houses. That’s the bad news. The good news is that if you’re facing a manipulative customer who refuses to pay you (perhaps to satisfy their own ego or show they can cause trouble), there are ways to change their mind. Here are two options: 1. File a mechanic’s lien. Filing a mechanic’s lien is the most effective way to get a stubborn client’s attention. It will give you the right to sell your client’s home or building and use the proceeds to pay for your work. This method works against both individuals and businesses, and it’s very convincing. In my experience, the client will typically pay up immediately to avoid a sale! I believe every contractor should have a procedure in place for filing and serving mechanic’s liens that includes the pre- lien notice. If you don’t — or if you’re currently dealing with a reluctant client — my team and I can help. Working with a lawyer is the best way to ensure you follow the strict steps required for the process to work. A mistake could potentially invalidate your lien and leave you with very little recourse. 2. Make a bond claim. After filing a mechanic’s lien, the second most effective option is making a bond claim. This
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4 Steps to Happy, Healthy Aging It’s Never Too Late to Take Charge
Fuel your body. Nutrition plays a pivotal role in your health and quality of life. Center your diet around fruits, veggies, lean meats, whole grains, healthy fats, nuts, seeds, and low-fat dairy. Limit the frequency of eating processed foods, fatty meats, and sugar. Following these guidelines reduces your risk of many illnesses and sets you up for a more active lifestyle in your golden years. Stay social. Loneliness has been linked to declining physical health and concerns. Those who do not engage in social activities tend to battle dementia and Alzheimer’s more than those who interact with others and form relationships. To maintain your physical and mental health, get out and mingle! Take your vitamins and supplements. As a child, you likely remember your mother reminding you to take your
Aging can bring some of our most exciting and rewarding decades. After years of working and saving a nest egg, we can finally retire. Many of us welcome grandchildren into the world, and we have more time to travel to some of the most beautiful destinations on the planet. These are just a few reasons our health is our most prized possession as we age! Here are some tips to stay healthy and active as you grow older and wiser. Check in frequently. Keeping up with your health is much more than seeing your doctor whenever you feel under the weather and remembering to take prescribed medications. It’s essential to have regular checkups and screenings for health conditions and diseases. After all, it’s always better to catch something early than to find it too late.
vitamins. Now, it’s time to really listen. While it’s always better to get your essential vitamins and minerals from the foods you consume, sometimes, that can be tough. Be sure to talk to a trusted health professional about taking additional calcium, vitamin D, vitamin B12, and vitamin B6 to keep your body operating at its optimal potential. Your body has been along for the ride your entire life. With many more wonderful years ahead of you, take care of it so it can continue to care for you!
Can You Identify the Red Flags?
3 Warning Signs of Elder Abuse
Everyone becomes increasingly vulnerable — both socially and financially — as they age. As technology evolves and new tools become available, more channels open for the elderly or those with Alzheimer’s disease or dementia to be exploited by strangers, family, or friends.
necessary medical treatment, they are likely victims of neglect, intentional or unintentional. Financial Abuse The unauthorized and illegal use of an elderly individual’s funds, assets, or resources is financial abuse. Signs that an older person is being financially abused may include evidence of unpaid bills, eviction notices, patterns of missing items, canceled checks, or someone taking an increasingly intense interest in the spending habits of a person over the age of 65. Physical Abuse While physical elder abuse is more common in nursing homes, it can occur at home by family members or loved ones. If an aging adult is enduring physical abuse, there may be evidence of burns, bruises, broken bones, cuts, scrapes, sprains, or head injuries. They may experience hospitalization patterns for repeat injuries, delays in care and treatment, or multiple trips to the emergency room. Our advancing world brings education for elder abuse prevention, but unfortunately, it also provides avenues for others to exploit aging adults. To protect yourself and those you love, know the signs and be observant!
Whether you are the caregiver for your parent, sibling, friend, or neighbor, or you want to ensure you are protected as you
age, consider these three most common forms of elder abuse. Neglect
Aging sometimes means that we cannot care for ourselves as well as we once did, and we must rely on others to step in and lend a hand. However, when a caregiver fails to provide essential care or protect an elderly individual from harm, they can be charged with neglect.
If an aging individual is malnourished, dehydrated, suffering from an infection, living in unsafe conditions, or not receiving
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MEET THE TEAM MAYRA IBARRA
Where’s the next place on your travel bucket list, and why do you want to go there?
If you could have either magically clean clothes or magically clean dishes, which would you choose?
Greece is next! It looks very peaceful and breathtaking, like another world.
I’d take the clean dishes.
How old were you when you started working?
I was 16 years old.
What is the most important holiday you spend with your family, and why does it matter to you? Thanksgiving is the most important holiday for me. We all come together to feel thankful for each other, unite as a family, and try different types of foods.
What makes you proud of your family?
We’re always together, and we always help each other no matter what the situation.
Do you live by any piece of advice or motto?
“Money comes and goes!”
What’s on your bucket list?
I’d like to go skydiving.
Do you “stan” any celebrities?
Yes, I’m a fan of Bad Bunny.
691 Sierra Rose Dr., Suite B Reno, NV 89511 775.448.6070 SierraCrestLaw.com
WHAT TO DO WHEN MECHANIC’S LIENS AND BOND CLAIMS DON’T CUT IT 2 Advanced Strategies to Ensure You Get Paid!
On the front of our newsletter, Jerry shared two ways for Nevada contractors and subcontractors to collect money from stubborn clients. But what if those options don’t work for your situation or don’t convince your client to pay up?
If you’re trying to get paid for work you did as a subcontractor in Nevada and have an indemnification agreement, then you have pure gold. Anyone who owes you and has assets will quickly pay up. Strategy No. 2: Leverage the Power of the Prompt Payment Act The Prompt Payment Act is a unique Nevada statute. You won’t find another one like it anywhere else in the country. (There is a federal statute called the U.S. Prompt Payment Act, but that’s different.) Nevada’s Prompt Payment Act has unique features that can speed up your payment timeline and give you leverage in a payment situation vis-a-vis the owner or the general contractor. You simply need to follow the protocol laid out in the statute. That protocol includes documenting your claim, communicating your claim, and following the prescribed steps. This will clarify your rights and any issues will be fixed early on — especially if the general contractor and the owner don’t do their homework and document their response to your claim. Several other tools are available within Nevada’s Prompt Payment Act, too, if you know where to dig. Want to learn even more tips and tricks to unlock your paychecks? Scan the QR code on this page to download our free guide, “How Do Contractors Get Paid in Full for Their Nevada Construction Work?”
In that case, you can try two other more advanced strategies.
Strategy No. 1: Call Upon Your Indemnity Agreement This strategy often flies under the radar. You won’t read much about it, and you won’t see much about it. But often, when the state contractor’s board licenses a general contractor or even a subcontractor to perform work in Nevada, in addition to making them post a license bond, the state will ask them to sign an indemnity agreement. When that happens, the indemnity agreement is very broadly worded. The amount of liability is pretty much unlimited, and it functions like a personal guarantee. Two or three owners or officers of a company might sign this agreement, and to leverage it, you need to ask the contractor’s board to provide you with a copy. An indemnification agreement lasts forever — or until you write a letter to the contractor’s board revoking it. Even then, it will still be in effect for all previous jobs.
This guide isn’t just for construction workers — it includes free, helpful information for every Nevada contractor and subcontractor!
691 Sierra Rose Dr., Suite B Reno, NV 89511 775.448.6070 SierraCrestLaw.com
BRAIN GAMES
PULLING BACK THE CURTAIN The First African American Supreme Court Justice
Thurgood Marshall was the first African American justice to serve on the Supreme Court and was a powerful attorney, but did you know Thurgood wasn’t always his first name or that he held a second job while practicing law? Let’s take a look at some of the most intriguing facts about this amazing lawyer! The Reason Behind the Name Change On July 2, 1908, Thoroughgood Marshall was born in Baltimore, Maryland. As a young child, friends often teased him about his long name — not to mention it was difficult to write and spell out! When he was just 6 years old, he had his name changed to Thurgood. Thurgood, a Dentist? When Marshall was attending Lincoln University, he first aspired to be a dentist but went on to receive his degree in literature and philosophy. Then, he attended law school at Howard University. Law by Day, Health Care by Night Early in his legal career, times were tough. So, Marshall took a second job working at Baltimore Health Clinic at night to make ends meet. Even while working large cases, he continued to put in long hours at the clinic. Fighting for Equal Pay Thurgood Marshall’s mom was an African American teacher, and while he attended Lincoln University for undergrad, she struggled to pay the hefty tuition. It wasn’t uncommon for his family to be late on making payments to keep him enrolled. Once he graduated law school, Marshall began seeking equal pay for African American teachers, and six years later, he won a big case that got rid of unequal teacher pay. Not Only Civil Rights Cases While Marshall is commonly recognized for monumental civil rights cases such as Brown v. Board of Education , which went on to shape our society, he also took on many other police brutality, death penalty, and women’s rights cases.
SOLUTION
Inspired by TasteOfHome.com GINGER PORK STIR-FRY
Looking for a healthy stir-fry that has all of the delicious flavors and none of the heavy ingredients? This one might be perfect for you!
Ingredients
• 1 tbsp cornstarch • 1 cup orange juice • 2 tbsp soy sauce
• 1 small onion, sliced • 1/4 lb fresh snow peas • 1/2 sweet red pepper, julienned • Cooked rice • Green onion, chopped (optional) • Sesame seeds (optional)
• 2 cloves garlic, minced • 1/4 tsp ground ginger • 1 lb pork tenderloin, cut into thin strips • 2 tbsp canola oil
Directions
1. In a small bowl, whisk cornstarch, orange juice, soy sauce, garlic, and ginger until smooth; set aside. 2. In a large skillet over medium-high heat, stir-fry pork in oil until lightly browned, about 4–5 minutes. Remove pork and add onion, peas, and red pepper. Cook until crisp-tender, about 3–5 minutes. 3. Stir in orange juice mixture and pork. Bring to a boil, and then cook until thickened, about 2 minutes. Serve over rice. Garnish with green onion and sesame seeds, if desired.
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IF SOMETHING IN YOUR BUSINESS IS KEEPING YOU UP AT NIGHT, CALL US AT 775-448-6070. REFERRALS ARE ALSO WELCOME.
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INSIDE THIS ISSUE
1
2 Ways to Ensure You’re Paid for Your Work
2
Safeguard Your Health Into Your Golden Years Know the Signs of Elder Abuse
Ginger Pork Stir-Fry Why Thurgood Marshall Rules
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4-Legged Friends Who Benefit Our Health
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Companionship, Exercise, and Purpose! The Healing Power of Pets:
Four-legged companions are cute, cuddly, and friendly and work wonders for our mental health and well-being! It makes sense, then, that the first week of May is National Pet Week, part of Mental Health Month. According to the Human and Animal Bond Research Institute (HABRI), pet ownership improves the mental health of 74% of pet owners.
In fact, studies have shown that caring for a pet helps relieve anxiety, loneliness, stress, and depression. It even boosts your heart health! The best part is that it doesn’t matter what kind of pet you have — feathered friends, rabbits, and even snakes can be great companions! Here are some of the top benefits of bonding with your pet daily. They provide companionship. Let’s be honest: Nothing beats having a four-legged friend greet you at the front door every time you come home! That companionship bond can boost your immune system while reducing depression. Also, having a buddy can help you to feel needed, wanted, and valued. Many pet owners even talk to their animals! They encourage exercise. Especially if you have a dog, your pet is sure to keep you active. Canines crave exercise, so while you meet their movement requirements to stay happy and healthy, you also get in your daily steps! Likewise, keeping
a cat active requires your energy behind a laser pointer, feather wand, or other toys.
They reduce anxiety. According to Johns Hopkins Medicine, petting a dog helps lower cortisol, the hormone responsible for stress. Pets live without concern for yesterday or tomorrow. They only care about the here and now, which helps their owners feel calm and relaxed. Also, petting and holding an animal allows you to appreciate the beauty of nature, which can be soothing. They add structure and purpose. Pets are creatures of habit — they like to be fed around the same time each day, go on their morning or evening walks, and look forward to playtime. No matter how badly you’d like to stay on the couch, your pet will get you up and moving. A pet’s unconditional love certainly does more than just keep you company! Our pets can genuinely be little lifesavers!
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