In 2015, the Nevada Legislature made significant changes to Nevada’s residential construction defect laws, which are commonly known as NRS Chapter 40. Those changes took away significant legal rights making it harder for Nevada homeowners to have their homes and communities fixed. In 2019, the Nevada Legislature enacted reforms substantially restoring these rights. The changes include:
- Extending the deadline to commence a construction defect action from 6 years to 10 years;
- Providing an unlimited deadline to commence a construction defect action when fraud is involved;
- Allowing for the recovery of all costs, including expert costs (not just the costs for defects proven);
- Granting a homeowners’ association standing to sue for construction defects that involve: (1) common elements, (2) any portion of the common-interest community that the association owns, or (3) any portion of the common-interest community that the association does not own but has an obligation to maintain, repair, insure or replace because the governing documents make such an obligation the responsibility of the association. Prior to this change, a homeowners’ association could only bring a claim for construction defects that pertained exclusively to common elements.
- Requiring a claimant to send a pre-litigation notice to a contractor with reasonable detail of the defects and damages, as opposed to requiring specific detail and the exact location of defects and damages;
- Removing the requirement for a construction expert to be present at a pre-litigation inspection;
- Removing the requirement that a claimant must make a home warranty claim, which must be denied, before initiating a construction defect claim;
- Removing the requirement for a claimant to disclose home warranty information to a contractor after initiating a construction defect claim.
You May Be Entitled to Compensation
Construction defects can turn the American dream of homeownership into a nightmare. If you have concerns about the way your home or community was built, or if homes or communities that you manage have construction problems, please give Canepa Riedy Abele & Fischer a call at (702) 304-2335 for a free case evaluation or fill out our contact form today!