Alan Lefebvre is the 89th president of the State Bar of Nevada, 2013- 2014. He joined Kolesar and Leatham in 2007 and is the Litigation Department’s Lead.
He conducts a statewide civil trial practice in Nevada urban and rural counties, prosecutes and defends appeals in its state Supreme Court and Court of Appeals, is a zealous advocate in its federal courts and in arbitral forums, and postures cases to win, in mediation. At the state appeals level, he engages in “bet the company” civil writ practice, when trial judges err before trial.
- Clark County v. Southern Nevada Health District, 128 Nev. Ad.Op. 58, 289 P.3d 212 (2012).
- Hartford Fire Ins. Co. v. Trustees of the Construction Industry and Laborers Health and Welfare Trusts, 208 P.3d 844 (Nev. 2009)
- Insurance Co. of the West v. Gibson Tile Co., Inc., 122 Nev. 455, 134 P.3d 698 (Nev. 2006)
- Badillo v. American Brands, Inc., 117 Nev. 34, 16 P.3d 435 (Nev. 2001)
- Transamerica Premier Ins. Co. v. Nelson, 110 Nev. 951, 878 P.2d 314 (1994)
- U.S. v. D-Bar D Enterprises, Inc., 772 F.Supp. 1167 (D.Nev. 1991)
- Local Joint Exec. Bd. v. Stern, 98, Nev. 263 (1984)
As counsel to the Clark County School District (“CCSD”), Lefebvre successfully litigated a breach of performance bond action against a large surety resulting in the recovery of $5 million in liquidated damages, one of the largest recoveries ever for a public entity in Nevada. The surety had issued performance bonds in favor of CCSD for 15 separate school construction projects but refused to step in and complete the work after the general contractor declared bankruptcy and walked off the job. After years of contentious litigation, the surety was forced to complete the 15 construction projects at a cost of approximately $5 million. Further, the surety agreed to also pay $5 million in liquidated damages to CCSD as compensation for the delay in completing the projects.
As counsel to a local developer, Lefebvre successfully sued the project architect for breaching its contractual and fiduciary duties to the developer by accepting a bribe/kickback in return for recommending the developer hire an unlicensed contractor. The suit resulted in the client recovering $495,000 from the project architect and its insurer.
DEFENSE OF OWNERS IN CONSTRUCTION LITIGATION:
- Mervyn’s Department Stores v. Robert L. Smith Construction. This is a mechanic’s lien action. The general contractor built three Mervyn’s Department Stores and absconded with the funds for the third store. The mechanic’s lien action resulted in a compromise of the 32 claims for 25% of their value. 1979.
- City of Las Vegas Housing Authority v. General Electric Modular Housing Systems. A roofing case filed by a municipality against the manufacturer of modular low-cost housing. It was the classic roof failure case involving an elastomeric roof system. The matter was favorably concluded after discovery. 1979.
- Clark County Sanitation District v. CIEC Constructors and Engineers, Inc. The case concluded in a nine month trial. It was a breach of contract action against the owner arising from the construction of a sewage treatment plant expansion. Twenty-eight (28) distinct claims totaling approximately $5 Million were successfully defended. After eight months of trial, the contractor’s claims were reduced by the Court to $350,000 and thereupon the case settled in the ninth month on terms favorable to the government client, including payment of its attorney’s fees. 1980-1981.
- MGM Grand Hotel Fire. Defense of Martin Stern, AIA Architect. This claim arose from the 1980 fire. The object of the representation was to demonstrate that the design did not cause the fire or its disastrous spread of flame and smoke. The case was settled for $1.8 Million after two years of litigation. 1981-1984.
- Callville Bay Resort and Marina adv. Jake’s Wire Rope and Marinas International. A mechanic’s lien foreclosure case upon a concessionaire’s improvements in a national park. The improver paid substantially all of the contract monies to the defalcating general contractor. The resulting mechanic’s liens upon the floating improvements on Lake Mead were compromised for pennies on the dollar when the trial court was unable to reach a conclusion about the legal merits of the case. The superior title of the United States of America was used to pre-empt the claims and a compromise reached. 1985.
- Clark County School District v. The Ralph M. Parsons Company/Charles E. Fleming Engineering/Taylor International Company. The construction manager contended that its guaranteed maximum price had been increased by parol upon a $25 Million equitable adjustment claim. The case was settled on the eve of trial for $2.1 Million. 1998-2001.
- Clark County School District v. Harris Associates. General contractor sued to recover alleged delay damages. The public entity successfully defeated a related subcontractor pass-through claim and all delay claims sponsored by the contractor’s expert. 2002-2007.
- State of Nevada v. Addison Construction. Representation focused on ensuring the general contractor’s performance and payment surety participated in the arbitration in case the arbitrators found against the general contractor. After significant law and motion work, the District Court compelled the surety to participate in arbitration. 2004-2006.
- Clark County Public Works v. Meadow Valley Construction and Target Construction. Subcontractor pass-through claim for delays and extra work stemming from a flood control project. The contractors recovered only 5% of their claimed damages. 2007-2008.
- County of Clark v. Southern Nevada Health District. [Contest between entities over governmental power, Dillon’s Rule, Local Government Status and Power Under NRS Chapter 354 and Interpretation of Legislation, NRS 439.365 creating a health district fund within the County Treasury and formula for allocation of certain monies.] (Case Nos. A-11-643953-W and A-11-643802-C. ) The County won a resounding victory in the real property case which aided in keeping the SNHD in check with its claims of parity with the County in fiscal matters involving subsidiary entities. The real property matter was concluded by settlement on the cusp of victory in the Supreme Court of Nevada, keeping the SNHD in check on its financial demands in the tax revenue allocation suit.
- Clark County v. City of North Las Vegas [Sloan Channel Trespass/Encroachment Upon County Owned improvements.] (Case Nos. A-11-643529-C and 2:11-cv-01012-PMP–GWF). The City of North Las Vegas ignored environmental law and the County’s real property interests in discharging effluent into a County-owned storm water channel and initiated litigation legally postured to put its Water Reclamation Plant into operation as a political expedient. The matter concluded by the City’s recognition of the County’s interest and the abatement of the nuisance by the construction of an enclosed pipeline to transport effluent into the Las Vegas Wash, in an environmentally responsible manner and at its cost. The authority and primacy of the County were conceded by the City as evidenced by its agreement to build the separate conveyance to dispose of the effluent.
- Alan is a member of the Board of Advisors of the Saint Thomas More Society of Nevada. He is a sustaining member of the Federalist Society, Las Vegas Chapter. Lefebvre is active in civic and cultural affairs.
- Lefebvre is an avid collector of horological devices (1950 to 2000) and unique Colt Revolvers, manufactured from 1930 to the end of production.