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Attorney Highlight  

Audren Tawaji


Where did you go to school/obtain your degree?
I obtained my Bachelor of Science in Finance from James Madison University and my juris doctorate from the University of San Francisco. 

What is your primary focus(es) in the practice of law?
My primary focus is anything related to transactional law, including business, corporate, and real estate matters. 

What has been your most fulfilling or rewarding experience in the practice of law?
My most rewarding experience in practicing law has been helping clients succeed, whether it be through setting up a new business or implementing new agreements to help an existing business progress.

Where are you originally from and which MOBO Law office to you based out of?
I grew up in Cold Spring Harbor, New York and I have lived in North Lake Tahoe for the past 7 years. I am based out of the Truckee office located on Donner Pass Road. 

Why did you undertake the practice of law?
During my undergrad, I worked as an intern at a law firm and I thoroughly enjoyed that experience. It remained in the back of my mind and ultimately influenced me to go to law school a few years later. 
  
What made you choose MOBO Law?

MOBO’s location and overall culture of the firm made me decide to choose MOBO Law. I knew that I wanted to remain in the Tahoe area and wanted to join a team of collaborative attorneys, which made MOBO the clear choice.

What is the best part of your job?
The best part of my job is working with and getting to know the kind and intelligent people that make up the MOBO Team.

 

Construction Law: Individuals Authorized to Perform Work Under Licensed Contractor

AB-227 signed by the Nevada Legislature on May 17, 2021, sets forth guidelines regarding persons authorized to perform work that requires a contractor’s license. It also identifies persons who are authorized perform work that does not require a contractor’s license under the direction of a licensed contractor. Further, AB-227 provides a revised list of acts constituting cause for disciplinary action against a licensed contractor.

Pursuant to the clarifications regarding authorization to perform work, persons engaging in work jointly or on behalf of a contractor must work under the direction and control of a contractor. The individuals engaging in such work must be required by the contractor to complete a Form W-4 for withholding of federal income taxes from wages paid to them by the contractor and must be provided a Form W-2 at the end of each year for reporting of wages received.  This bill was said to be heavily influenced by labor unions and may be attempting to hold general contractors liable for contracting with unlicensed subcontractors as a way to promote employment.  

The passage of this bill also revised the list of acts constituting cause for disciplinary action against a licensed contractor. This list was modified to include the act of a licensed contractor entering into an agreement with an individual that is not a licensed contractor and is not an employee of the licensed contractor in which the individual agrees to perform work that requires a contractor’s license on behalf of the licensed contractor. In addition to disciplinary action that may be taken against the licensed contractor, any agreement of this nature is deemed void and unenforceable. We suspect this bill will be revised by the legislature or courts.

For further information regarding the persons authorized to perform work for a contractor and acts constituting disciplinary action, please contact MOBO or visit https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7666/Overview
 

Landlord-Tenant Law: Affirmative Defense to Eviction Proceeding


The passage of AB-486 by the Nevada Legislature on May 29, 2021, provides additional time prior to eviction for tenants awaiting processing of a rental assistance application or tenants whose landlord has refused to accept rental assistance provided or refused to participate in the tenant’s application process. 

In such cases where a tenant has a pending application for rental assistance, the court is required to stay the proceedings until a determination has been made regarding the tenant’s application. Further, the court is required to dismiss the eviction proceedings upon the application being granted and rental assistance being received by the landlord. In the event a landlord has refused to participate in the rental assistance application process or refuses to accept rental assistance as payment, the court is required to deny the eviction proceeding and is authorized to award damages to the tenant based upon the degree of harm caused to the tenant as a result.  

Additionally, if a landlord previously accepted rental assistance on behalf of a tenant who defaulted in payment of rent and the landlord evicted or pursued eviction of a tenant for any reason within the period of the tenant’s default, the tenant is able to file a claim of wrongful eviction. In these cases, the court is authorized to impose civil penalties on the landlord found to have wrongfully evicted the tenant and may require the landlord to pay the tenant’s costs and attorney’s fees resulting from the action.

For further information regarding evictions involving rental assistance, please contact MOBO or visit https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8216/Text

If you have questions regarding construction or landlord-tenant laws, please contact MOBO LAW, LLP.
 
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