Construction Defects

When construction defects occur, we can help. We have already helped tens of thousands of homeowners resolve their construction defect cases.

Our firm appreciates that your home is likely the most significant investment you will ever make.  If your new home has problems and your builder won’t fix them, then we may be able to help.  Nevada has a complex set of laws that must be followed to make a claim or take legal action.  You should consult with experienced construction defect counsel to make sure that your rights are timely and properly protected.We are dedicated and aggressive. That’s what it takes to keep your home safe and your dreams alive. Our firm is made up of Nevada lawyers knowledgeable with and respected within the Nevada Court System.

We have actively protected the rights of homeowners in the courts and at the State Legislature for over 10 years and are generally considered by the courts and legal practitioners statewide to be the preeminent firm in construction defect law. Results are important. Our firm has recovered over $385 million to fix defective homes. We believe in and always maintain the highest degree of professional and ethical standards. We provide regular communication with the Board of Directors and homeowners in your association; attend homeowner association meetings; and help educate homeowners on changes in construction defect laws. After the case is concluded, we assist you in repairing your neighborhoods and homes. If your builder has failed to correct your construction problems, give us a call for a free initial case evaluation.

FREQUENTLY ASKED QUESTIONS: CONSTRUCTION DEFECT CLAIMS

1. What is a construction defect?

Under law, a construction defect occurs when the construction of a home is done in violation of law (including building codes) or causes damage. A defect also includes construction not done in a good and workmanlike manner, or construction that poses a threat of injury to person or property..

2. Wasn't my home inspected by a building inspector?

Building inspectors do the best they can, but see only a small fraction of the construction process. Inspectors do “spot” inspections, and typically see one to two percent of the total construction. Also, building inspectors cannot control what happens after they have performed their inspections and have left the site. By law, an inspection and approval by a building inspector is no guarantee that construction meets the Code, and builders may not avoid a construction defect claim by simply arguing that construction was inspected.

3. Can the city building department be held liable for construction defects?

The short answer is no. Except in extraordinary circumstances, not present in most cases, building departments enjoy governmental immunity..

4. What is the statute of limitations for construction defects?

In Nevada there are statutes of limitation and statutes of repose. Generally, the statute of limitation expires four years after you become aware of a defect. Statutes of repose expire six, eight or ten years after construction of your residence, depending on the type of defect involved. Legal warranties that apply specifically to homeowners associations run six years from the date of completion of the residence, but can be shortened down to two years by agreement of the parties. You should consult with a lawyer about your specific situation.

5. Will a construction defect claim prevent me from selling my home?

No. There is nothing about the existence of a claim that prevents you from selling your property to someone else. While some lenders will not make loans on homes that are the subject of a construction defect claim, other lenders will. It is important to disclose the existence of the claim and all defects of which you are aware so that a purchaser may make an informed decision. Hundreds of our prior clients have successfully sold their properties during the pendency of their construction defect claims.

6. If the builder elects to repair defects, how do I know if the repairs are adequate?

By law, if your builder elects to repair, it is required, 30 days after repairs, to provide a written statement describing the nature and extent of the repairs, the methods used to repair the defects, and any materials or parts that were replaced during the repair. It is also prudent for you to have an independent expert observe the repair process to ensure that the statement of repairs matches actual repairs made by your builder.

7. What if the repairs fail?

By law, an election to repair may not be conditioned upon a release of liability. In other words, if the builder elects to repair defects, then the statutes of limitation start all over again with respect to those repairs. If the repairs fail, a legal claim can be brought against the builder.

8. If my builder doesn't repair the defects, does he have insurance to pay for the repairs?

Although not required by law, most builders carry general liability insurance that covers damages caused by construction defects. A claim against the builder triggers the insurance coverage.

9. What if my builder goes out of business or files for bankruptcy protection?

If a builder ceases to do business or seeks the protection of the bankruptcy courts, it does not effect a construction defect claim against the builder’s available insurance policy. By law, insurance companies have an obligation to pay covered damages even if their insured is out of business or bankrupt.

10. Do I really need a lawyer to help me with my construction defect claim?

Because builders possess superior knowledge of construction codes, workmanship standards, and the law related to construction defect claims, we believe it is good business judgment for homeowners to have competent attorneys on their side to help level the playing field. Some builders try to avoid a comprehensive inspection of a home or want to make band-aid repairs. Lawyers, and the architects and engineers hired by them, can give solid advice on these subjects. Also, under Nevada law, homeowners and Associations are entitled to recover their attorney’s fees and experts’ costs in addition to the costs to repair construction defects.