Category Archives: Small Business

Nevada Employers Must Report Work Fatalities Within 8 Hours and Specified Events in 24 Hours: OSHA

Employers will now be required to report all work-related fatalities within 8 hours and all in-patient hospitalizations, amputations, and losses of an eye within 24 hours of finding about the incident, per a 2015 OSHA release. OSHA states, that “[p]reviously, employers were required to report all workplace fatalities and when three or more workers were hospitalized in the same incident.”

OSHA advises that, “Employers have three options for reporting these severe incidents to OSHA. They can call their nearest area office during normal business hours, call the 24-hour OSHA hotline at 1-800-321-OSHA (1-800-321-6742), or they can report online at www.osha.gov/report_online. For more information and resources, including a new YouTube video, visit OSHA’s webpage on the updated reporting requirements.”

The Nevada Joint Venture License for Contractors Should Be Paired with a Written Joint Venture Agreement

Companies that lack the total expertise to bid on a local or State government contract in California can have the opportunity to bid under certain requests for solicitations and advertisements for bids.  Two or more companies can pair up to bid pursuant to a joint venture agreement, or even a teaming arrangement.

Typically the government customer will ask for a joint venture license prior to award of the contract.  What does a “joint venture license” mean?  This is a specific type of license issued by the Nevada State Contractors Board.  The NSCB answers the question of who must be licensed.  “Licenses may be issued to individuals, general partnerships, limited partnerships, corporations, limited liability companies or joint ventures.”

As of the publication of this article the fee one must include with the application is $300 and then another $600 for the two-year license fee.  Go here for more information at the NSCB.

The license is not the only thing needed to make the “joint venture”.  Responsible companies will enter into a written joint venture agreement, usually drafted by legal counsel.   That agreement will specifically delineate who is responsible for what and how the arrangement will conclude.   Note that applying for the license does not mean you are properly set up as a joint venture as between the parties in the venture.

Be careful to make sure you obtain the license before you submit any bids.  The NSCB states that “It is unlawful for any two or more licensees, whose licenses have been limited by the Board to contracts not exceeding certain monetary sums and each of whom has been issued a license to engage separately in the business or to act separately in the capacity of a contractor within this State, jointly to submit a bid or otherwise act in the capacity of a contractor within this State without first having secured an additional license for acting in the capacity of such a joint venture or combination in accordance with the provisions of this chapter as provided for an individual, copartnership or corporation.”  NRS 624.740.

This should not be taken as specific legal advice.  If you need legal advice specific to your situation or if you need a joint venture agreement drafted, please contact us by any means listed here.

The California Joint Venture License for Contractors Should Be Paired with a Written Joint Venture Agreement

Companies that lack the total expertise to bid on a local or State government contract in California can have the opportunity to bid under certain requests for solicitations and advertisements for bids.  Two or more companies can pair up to bid pursuant to a joint venture agreement, or even a teaming arrangement.

Typically the government customer will ask for a joint venture license prior to award of the contract as in this Alameda County bid advertisement.  What does a “joint venture license” mean?  This is a specific type of license issued by the California State Contractors License Board.  The CSLB indicates that, “[a] joint venture license may be issued to any combination of two or more licenses issued to sole proprietors, partnerships, corporations, limited liability companies, or other joint licenses”, and that “[t]he joint venture license may be issued in any classification held by at least one of the entities”.

As of the publication of this article the fee one must include with the application is $480.  Go here Applying for a Joint Venture License – Contractors State License Board for more information at the CSLB.

The license is not the only thing needed to make the “joint venture”.  Responsible companies will enter into a written joint venture agreement, usually drafted by legal counsel.   That agreement will specifically delineate who is responsible for what and how the arrangement will conclude.   Note that applying for the license does not mean you are properly set up as a joint venture as between the parties in the venture.

Be careful if one of the joint venturer contractors is suspended.  That affects the JV license.  California Business and Professions code states, “An active joint venture license shall be automatically suspended by operation of law during any period in which any member of the entity does not hold a current, active license in good standing.”  Cal. B&P C. sec. 7029.

This should not be taken as specific legal advice.  If you need legal advice specific to your situation or if you need a joint venture agreement drafted, please contact us by any means listed here.

A Limit on Creditor Control of the Nevada LLC

Nevada supports the survival of the LLCOne of the main reasons limited liability companies are formed is to limit the liability of the investors and operators of the company.  In Nevada, unless otherwise provided in the articles of organization or an agreement signed by the member or manager to be charged, no member or manager of any limited-liability company formed under the laws of the State is individually liable for the debts or liabilities of the company.  [NRS 86.371].

What about the reverse?  Can the company become liable or even controlled by a creditor of an individual member or manager of the LLC?  In other words, the individual member (or owner/investor) can incur debt outside of the operation of the LLC, debt which may have nothing to do with the LLC. Continue reading

Organizational Assistance for Small Businesses in Northern Nevada

Generally, what you do within your own organization and market forces will determine how well your business performs and generates profits for the owners.  Typically, there are business tips to be found on any street corner, from Main Street, Wall Street or “Easy Street” (which is an actual street in Stateline, Nevada, believe it or not).

Can outside organizations help your business succeed?  Maybe.  Maybe not.  The Old Testament of the Bible advises, “Without counsel purposes are disappointed: but in the multitude of counselors they are established”.  (Proverbs, chapter 15, verse 22).  Along with consulting with your own family, mentors who know you well, and other individually-retained professionals, you may want to check out some of the offerings by some of the business start-up organizations, both private and publicly-funded.

For Northern/Western Nevada, most of these are based out of Reno, and some Carson City.  Without personal recommendation, we provide a list of some of these outfits:

Nevada’s Center for Entrepreneurship and Technology  Hosts mixers, seminars, issues awards and assists startups with an interface to angel investors.  Reno and Las Vegas chapters exist.

Nevada’s Procurement Outreach, or “POP” will educate the contracting business through seminars and workshops (sponsored or co-sponsored) and one-on-one discussions of a specific or general nature, will brainstorm for specific targets and mechanics of how the purchases are executed and provide bid information to its’ clients with buying offices and prime contractors.  The place to start to get in the state and federal bidding game.

Small Business Administration HUBZone program HUB means “historically underutilized business”.  Several rural counties in Nevada are HUBZone certified, including Douglas, Lyon, Mineral, Esmeralda, Nye and Lincoln.  Certain federal contracts give preferential treatment to businesses operating out of the HUBZone areas.

For more resources, check out this resource page built by Nevada’s Center for Entrepreneurship and Technology.  If you have any other suggested organizations, please let us know on our contact page.

What Happens When the Storage Space Bill is Not Paid, Part II

Many renters (meaning storage space occupants) wonder how long they can go without paying the bill before something negative happens.  The answer is 14 days from the day it is due, in Nevada.  Nevada law provides:

NRS 108.476  Unpaid charges: Termination of occupant’s right to use storage space; notice; imposition of lien.

    1.  If any charges for rent or other items owed by the occupant remain unpaid for 14 days or more, the owner may terminate the occupant’s right to use the storage space at the facility, for which charges are owed, not less than 14 days after sending a notice by verified mail and if available, electronic mail to the occupant at his or her last known address and to the alternative address provided by the occupant in the rental agreement…  .

So, there is not a large grace period here.  Really, it’s two weeks.  At that time the storage facility owner can send out a notice by verified mail and email, if the owner has one, notifying the renter of the issue.

The law provides that the right to use the storage space is terminated another 14 days after the owner sends the notice.

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What Happens When The Storage Space Bill Is Not Paid–Part I

Nevadans have seen some tough financial times.  Record numbers of defaults on houses have resulted in record numbers of foreclosures and property devaluation.  This also happens in the world of private property.  Homes and land are referred to as “real property”, and objects we keep are referred to as “private property”.

Someone storing private property such as antiques, files, photos, furniture, collectibles, antiques, cars, boats, RVs, clothing and more has to pay the monthly bill just like one has to do with the monthly mortgage, or else someone will take the property away.

Nevada statutes and the contracts renters fill out with the storage facility outline the respective rights, duties and obligations of both the storage facility and the renter.  If the renter does not pay the storage unit payment, a series of things occur.  Ultimately, if after the storage facility owner gives the proper notices, it can sell the contents of the storage unit to pay off the bill that continues to accrue for the term of the contract.

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