Trustees of the Construction Industry & Laborers Health & Welfare Trust v. Hartford Fire Insurance Company

ORDER

We respectfully certify to the Nevada Supreme Court the questions of law set forth in Section III of this order, pursuant to Nev. R.App. P. 5. The questions of law are determinative of the matter pending before this court, and there is no clearly controlling precedent in the decisions of the Nevada Supreme Court. All further proceedings are stayed pending receipt of the answer to the certified question. This panel retains jurisdiction over further proceedings in this court. The parties will notify the Clerk of this court within one week after the Nevada Supreme Court accepts or rejects the certification and, if the certification is accepted, again within one week after that court renders its opinion.

I. Background

Richardson Construction, Inc. (“Richardson”) was the general contractor on a number of Nevada public works projects. Richardson subcontracted some of the work to Desert Valley Landscape and Maintenance, Inc. (“DVL”). Richardson also entered into an agreement with Hartford Fire Insurance Company (“Hartford”) and its related entities, whereby Hartford agreed to serve as surety on a number of payment bonds required by Nev.Rev.Stat. § 339.025. Pursuant to these…