Alan Lefebvre fled California for Reno while in high school and painted apartments for his older brother Doug during summer breaks. He worked at Harrah’s as a cashier and later as a law clerk at the Washoe County District Attorney’s office when Judge Larry Hicks was Washoe DA. After admission to the Nevada Bar, Alan worked as a law clerk in the Eighth Judicial District Court and eventually entered the private practice of law in Las Vegas. His practice has taken him statewide to urban and rural courts alike including two tribal courts. His practice before the Supreme Court as an advocate started early in his career and continues today. His emphasis is in resolving disputes for private parties in state and federal trial courts, or arbitration. As private counsel, Alan has been trusted to represent Nevada governments of all levels in cases in which the hiring of private lawyers with specialized litigation abilities has been required.
Alan and his wife Eileen have been married for 32 years. Their daughter Rachel is a junior at Southern Utah University. Eileen has been a Realtor for 28 years and an active real estate investor and landlord, she is instrumental in Alan’s campaign for Nevada Supreme Court. Like Alan, Eileen is a Nevadan by choice. A former New Yorker, she was raised on Long Island and is a graduate of Columbia University. Nevada has been good to the Lefebvre family and they have all looked for ways to show their gratitude for living in this state where opportunity, liberty, and freedom flourish.
Alan and Eileen have both seen great change in the state over the years, some good and some not so good. In Alan’s service on the Supreme Court, he hopes for opportunities to ensure that the “good” changes to our state can be enjoyed by all through protecting our way of life and the precious liberty we take for granted. Alan will not use the position as a judge to “legislate from the bench,” but to give the law its best effect in the resolving disputes appealed by fairly and faithfully interpreting the law and not substituting his beliefs and preferences for what the law says.
From 1991 to 1999, Alan served on Nevada’s constitutional court of judicial performance, the Nevada Commission on Judicial Discipline. As a Commissioner, he presided over hearings conducted as trials when citizens sought review of claimed misconduct of judges, which corrupted the judicial process, undermining the public’s confidence in a fair and impartial judiciary.
Alan was elected to the Board of Governors of the State bar of Nevada in 2000; he became the 89th president of the State Bar of Nevada in 2013. His endeavors as president included a renewed effort to re-instill civility to the law practice and the beginnings of an overhaul of the bar’s system of the discipline of lawyers who do harm to the public. His term office was punctuated by the bar’s efforts to forestall the unauthorized practice of law by those exploiting the poor and maximizing funding available for legal services to those who could not afford it. He led the bar’s educational efforts supporting the establishment of the Court of Appeals by the voters in 2014. The purpose of the creation of that Court is to enable our appellate courts to secure control over a backlogged the Nevada Supreme Court’s docket, hopping to ensure that justice is not delayed and thus denied.
Those efforts spurred him to enter into this campaign to become a Justice of the Supreme Court of Nevada, Seat C.
Overview of Alan’s Law Practice
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.
Some of the cases Alan argued before appellate courts.
- 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.
Representative Complex Litigation
DEFENSE OF OWNERS IN CONSTRUCTION LITIGATION:
- Mervyn’s Department Stores v. Robert L. Smith Construction. This is a mechanic’s lienaction. 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.
- University of San Francisco School of Law, Juris Doctor, 1978
- University of California – Santa Barbara, Bachelor of Arts (Political Science), Outstanding Graduating Senior, summa cum laude, 1975
Honors & Awards
- Peer-rated AV lawyer for two decades
- Recognized as a SuperLawyer in the Western States