DTJ Design, Inc. v. First Republic Bank

Summary

The Nevada Supreme Court held that a foreign architectural firm must itself satisfy the registration requirements of NRS 623.349(2) to bring or maintain an action for compensation under NRS 623.357. Because DTJ Design was not properly registered, the court affirmed summary judgment barring its lien foreclosure and unjust enrichment claims.

Holdings

1. A foreign architectural firm must comply with NRS 623.349(2), including demonstrating compliance with the statutory ownership requirements, qualifying to do business in Nevada, and paying the required registration fee, before it may practice architecture or maintain an action for compensation in Nevada.
2. An individual architect's registration does not permit a separate, unregistered architectural corporation to bring or maintain an action for compensation in the corporation's name.
3. NRS 623.357 barred DTJ from bringing or maintaining its action for compensation, including its mechanic's-lien foreclosure claim, because DTJ failed to prove that it was registered under Chapter 623.
4. DTJ's unjust enrichment claim was also barred by NRS 623.357 because DTJ failed to prove its registration status.

Questions Presented

1. Whether a foreign architectural corporation must itself comply with NRS 623.349(2)'s registration requirements to bring or maintain an action in Nevada for compensation for architectural services.
2. Whether an individual architect's Nevada registration permits an unregistered architectural corporation to foreclose on a mechanic's lien or otherwise pursue compensation in the corporation's name.
3. Whether DTJ's failure to prove firm registration barred its unjust enrichment claim under NRS 623.357.
4. Whether summary judgment was properly granted in First Republic Bank's favor.

Disposition

affirmed