Title 3

NRS 40.535 Affidavit or petition may be filed in probate proceeding. Any affidavit or petition, such as described in NRS 40.525, may be filed as a part of any probate proceeding. [1(a):18:1939; added 1951, 172]—(NRS A 1965, 665) ACTIONS RESULTING FROM CONSTRUCTIONAL DEFECT Genera…

NRS 40.600 Definitions. As used in NRS 40.600 to 40.695, inclusive, unless the context otherwise requires, the words and terms defined in NRS 40.603 to 40.634, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1995, 2539; A 1997, 2716; 1999, 1440; …

NRS 40.603 “Amend a complaint to add a cause of action for a constructional defect” defined. “Amend a complaint to add a cause of action for a constructional defect” means any act by which a claimant seeks to: 1. Add to the pleadings a defective component that is not otherwise in…

NRS 40.605 “Appurtenance” defined. 1. “Appurtenance” means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more residences, but is not a part of the dwelling unit. The term includes, without limitation, the parcel of rea…

NRS 40.607 “Builder’s warranty” defined. “Builder’s warranty” means a warranty issued or purchased by or on behalf of a contractor for the protection of a claimant. The term: 1. Includes a warranty contract issued by or on behalf of a contractor whose liability pursuant to the wa…

NRS 40.610 “Claimant” defined. “Claimant” means: 1. An owner of a residence or appurtenance; or 2. A representative of a homeowners’ association acting within the scope of the representative’s duties pursuant to chapter 116 or 117 of NRS. (Added to NRS by 1995, 2539; A 1997, 2717…

NRS 40.615 “Constructional defect” defined. “Constructional defect” means a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance and includes, without limitation,…

NRS 40.620 “Contractor” defined. “Contractor” means a person who, with or without a license issued pursuant to chapter 624 of NRS, by himself or herself or through the person’s agents, employees or subcontractors: 1. Develops, constructs, alters, repairs, improves or landscapes a…

NRS 40.623 “Design professional” defined. “Design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS. (Added to NRS by 2003, 2034)

NRS 40.630 “Residence” defined. “Residence” means any dwelling in which title to the individual units is transferred to the owners. (Added to NRS by 1995, 2540; A 1997, 2717)

NRS 40.632 “Subcontractor” defined. “Subcontractor” means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance. (Added to NRS by 2003, 2034)

NRS 40.634 “Supplier” defined. “Supplier” means a person who provides materials, equipment or other supplies for the construction of a residence or appurtenance. (Added to NRS by 2003, 2034)

NRS 40.635 Applicability; effect on other defenses. NRS 40.600 to 40.695, inclusive: 1. Apply to any claim that arises before, on or after July 1, 1995, as the result of a constructional defect, except a claim for personal injury or wrongful death, if the claim is the subject of …

NRS 40.640 Liability of contractor. In a claim to recover damages resulting from a constructional defect, a contractor is liable for the contractor’s acts or omissions or the acts or omissions of the contractor’s agents, employees or subcontractors and is not liable for any damag…

NRS 40.645 Notice of defect: Required before commencement of or addition to certain actions; content; persons authorized to provide notice; exceptions. 1. Except as otherwise provided in this section and NRS 40.670, before a claimant commences an action or amends a complaint to a…

NRS 40.646 Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair. 1. Except as otherwise provided in subsection 2, not later than 30 days after the da…

NRS 40.6462 Access to residence or appurtenance with alleged defect after notice of defect is given. After notice of a constructional defect is given to a contractor pursuant to NRS 40.645, the claimant shall, upon reasonable notice, allow the contractor and each subcontractor, s…

NRS 40.647 Claimant required to allow inspection of and reasonable opportunity to repair defect; claimant or claimant’s expert required to be present at inspection; effect of noncompliance. 1. After notice of a constructional defect is given pursuant to NRS 40.645, before a claim…

NRS 40.6472 Response to notice of defect: Time for sending; content; effect of election to repair or not to repair. 1. Except as otherwise provided in NRS 40.670 and 40.672, a written response must be sent by certified mail, return receipt requested, to a claimant who gives notic…

NRS 40.648 Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed. 1. If the response provided pursuant to NRS 40.6472 includes an election to repair the constructional defect: (…

NRS 40.649 Notice of defect may be presented to insurer; duties of insurer. 1. If a contractor, subcontractor, supplier or design professional receives written notice of a constructional defect, the contractor, subcontractor, supplier or design professional may present the claim …

NRS 40.650 Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty. 1. If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a re…

NRS 40.652 Offer of judgment. 1. At any time after a claimant has given notice pursuant to NRS 40.645 and before the claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design pro…

NRS 40.655 Limitation on recovery. 1. Except as otherwise provided in NRS 40.650, in a claim governed by NRS 40.600 to 40.695, inclusive, the claimant may recover only the following damages to the extent proximately caused by a constructional defect: (a) The reasonable cost of an…

NRS 40.660 Nonacceptance of offer of settlement deemed rejection. An offer of settlement made pursuant to paragraph (b) of subsection 2 of NRS 40.6472 that is not accepted within 35 days after the offer is received by the claimant is considered rejected if the offer contains a cl…

NRS 40.665 Settlement by repurchase; certain offers of settlement deemed reasonable. In addition to any other method provided for settling a claim pursuant to NRS 40.600 to 40.695, inclusive, a contractor may, pursuant to a written agreement entered into with a claimant, settle a…

NRS 40.667 Effect of written waiver or settlement agreement when contractor fails to correct or repair defect properly; conditions to bringing action; effect of failure to prevail in action. 1. Except as otherwise provided in subsection 2, a written waiver or settlement agreement…

NRS 40.668 Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability. 1. Notwithstanding the provisions of NRS 40.600 to 40.695, inclusive, a claiman…

NRS 40.670 Defect which creates imminent threat to health or safety: Duty to cure; effect of failure to cure; exceptions. 1. A contractor, subcontractor, supplier or design professional who receives written notice of a constructional defect resulting from work performed by the co…

NRS 40.672 Defect in new residence: Duty to repair; deadline for repair; extensions; disciplinary action for failure to comply. Except as otherwise provided in NRS 40.670, if a contractor, subcontractor, supplier or design professional receives written notice of a constructional …

NRS 40.675 Inspection of repairs. 1. A contractor who makes or provides for repairs under NRS 40.600 to 40.695, inclusive, may take reasonable steps to prove that the repairs were made and to have them inspected. 2. The provisions of NRS 40.600 to 40.695, inclusive, regarding ins…

NRS 40.680 Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith. 1. Except as otherwise provided in this chapter, before a claimant commences an action or amends a c…

NRS 40.681 Premediation discovery. Not later than 15 days before the commencement of mediation required pursuant to NRS 40.680 and upon providing 15 days’ notice, each party shall provide to the other party, or shall make a reasonable effort to assist the other party to obtain, a…

NRS 40.684 Duties of insurer with respect to settlement conference. 1. If a settlement conference is held concerning a claim for a constructional defect, the special master, if any, or the judge presiding over the claim may order a representative of an insurer of a party to atten…

NRS 40.687 Disclosure of information concerning insurance agreements; compelled production of information. Notwithstanding any other provision of law: 1. A contractor shall, no later than 10 days after a response is made pursuant to this chapter, disclose to the claimant any info…

NRS 40.688 Disclosure of defects by claimant to prospective purchaser of residence required; timing and contents of disclosure; duty of attorney to inform claimant of disclosure requirement. 1. If a claimant attempts to sell a residence that is or has been the subject of a claim …

NRS 40.6882 “Complainant” defined. As used in NRS 40.6884 and 40.6885, unless the context otherwise requires, “complainant” means a person who makes a claim or files an action against a design professional pursuant to NRS 40.600 to 40.695, inclusive. (Added to NRS by 2001 Special…

NRS 40.6884 Attorney required to consult expert; required affidavit of attorney; required report of expert. 1. Except as otherwise provided in subsection 2, in an action governed by NRS 40.600 to 40.695, inclusive, that is commenced against a design professional or a person prima…

NRS 40.6885 Effect of compliance with or failure to comply with NRS 40.6884. 1. The court shall dismiss an action governed by NRS 40.600 to 40.695, inclusive, that is commenced against a design professional or a person primarily engaged in the practice of professional engineering…

NRS 40.6887 Submission of questions or disputes concerning defects to State Contractors’ Board; regulations. 1. A claimant or any contractor, subcontractor, supplier or design professional may submit a question or dispute to the State Contractors’ Board concerning any matter whic…

NRS 40.689 Preference given to action; action may be assigned to senior judge; assessment of additional expenses. 1. Upon petition by a party: (a) The court shall give preference in setting a date for the trial of an action commenced pursuant to NRS 40.600 to 40.695, inclusive; a…

NRS 40.690 Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate. 1. A claim governed by NRS 40.600 to 40.695, inclusive, may not be brought by a claimant or …

NRS 40.692 Notice not required to be given to intervener in action. A claimant who commences an action for a constructional defect is not required to give written notice of a defect pursuant to NRS 40.645 to any person who intervenes in the action as a party after it is commenced…

NRS 40.693 Contractual provisions requiring subcontractor to indemnify controlling party; wrap-up insurance policies. 1. In any action or other proceeding involving a constructional defect asserted by a claimant and governed by NRS 40.600 to 40.695, inclusive: (a) Except as other…

NRS 40.695 Tolling of statutes of limitation or repose; applicability. 1. Except as otherwise provided in subsections 2 and 3, statutes of limitation or repose applicable to a claim based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, are tolled from the …

NRS 40.750 Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property. 1. As used in this section, “financial institution” means a bank, mortgage company, mortgage servicer as that term is defined in NRS 645F.063, credit uni…