In re Fontainebleau Las Vegas Holdings

In In re Fontainebleau Las Vegas Holdings, 289 P.3d 1199, 1212 (Nev. 2012), a developer sought to construct a multi-billion dollar casino project in Las Vegas. 289 P.3d at 1207. Bank of America loaned the developer $150 million secured by a first position deed of trust. Id. at 1207-08. Over 300 contractors began performing work, many of whom recorded mechanics' liens against the property. Id. at 1208. The developer then obtained a $1.85 billion construction loan from Bank of America, to be disbursed in three phases. Id. As partial security for the loan, the developer agreed to execute a deed of trust in favor of Bank of America to be recorded in first priority position. Id. Work on the project ceased and the developer filed for bankruptcy. Id. The property was eventually sold, with the liens attached to the proceeds. Id. Wilmington, which succeeded Bank of America as administrative agent for the lenders, filed an adversary proceeding against the contractors to determine the priority of their mechanics' liens. Id. The bankruptcy court certified several questions to the Nevada Supreme Court, including whether Nevada's mechanics' lien priority statute would prohibit the application of equitable subrogation against mechanics' lien claimants. Id. Although the Nevada court had applied the doctrine of equitable subrogation in other contexts, it had never considered how equitable subrogation interacts with Nevada's statute governing the priority of mechanics' liens. Id. at 1209.