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2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant:
(a) Must give written notice by certified mail, return receipt requested, to the contractor, at the contractor’s address listed in the records of the State Contractors’ Board or in the records of the office of the county or city clerk or at the contractor’s last known address if the contractor’s address is not listed in those records; and
(b) May give written notice by certified mail, return receipt requested, to any subcontractor, supplier or design professional known to the claimant who may be responsible for the constructional defect, if the claimant knows that the contractor is no longer licensed in this State or that the contractor no longer acts as a contractor in this State.
2. The notice given pursuant to subsection 1 must:
(a) Include a statement that the notice is being given to satisfy the requirements of this section;
(b) Specify in reasonable detail the defects or any damages or injuries to each residence or appurtenance that is the subject of the claim;
(c) Describe in reasonable detail the cause of the defects if the cause is known and the nature and extent that is known of the damage or injury resulting from the defects; and
(d) Include a signed statement, by each named owner of a residence or appurtenance in the notice, that each such owner verifies that each such defect, damage and injury specified in the notice exists in the residence or appurtenance owned by him or her. If a notice is sent on behalf of a homeowners’ association, the statement required by this paragraph must be signed under penalty of perjury by a member of the executive board or an officer of the homeowners’ association.
3. A representative of a homeowners’ association may send notice pursuant to this section on behalf of an association if the representative is acting within the scope of the representative’s duties pursuant to chapter 116 or 117 of NRS.
4. Notice is not required pursuant to this section before commencing an action if:
(a) The contractor, subcontractor, supplier or design professional has filed an action against the claimant; or
(b) The claimant has filed a formal complaint with a law enforcement agency against the contractor, subcontractor, supplier or design professional for threatening to commit or committing an act of violence or a criminal offense against the claimant or the property of the claimant.
(Added to NRS by 1995, 2540; A 1997, 2718; 1999, 1440; 2003, 2042; 2015, 10; 2019, 2259)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 date on which a contractor receives notice of a constructional defect pursuant to NRS 40.645, the contractor shall forward a copy of the notice by certified mail, return receipt requested, to the last known address of each subcontractor, supplier or design professional whom the contractor reasonably believes is responsible for a defect specified in the notice.
2. If a contractor does not provide notice as required pursuant to subsection 1, the contractor may not commence an action against the subcontractor, supplier or design professional related to the constructional defect unless the contractor demonstrates that, after making a good faith effort, the contractor was unable to identify the subcontractor, supplier or design professional whom the contractor believes is responsible for the defect within the time provided pursuant to subsection 1.
3. Not later than 30 days after receiving notice from the contractor pursuant to this section, the subcontractor, supplier or design professional shall inspect the alleged constructional defect in accordance with NRS 40.6462 and provide the contractor with a written statement indicating:
(a) Whether the subcontractor, supplier or design professional has elected to repair the defect for which the contractor believes the subcontractor, supplier or design professional is responsible; and
(b) If the subcontractor, supplier or design professional elects to repair the defect, an estimate of the length of time required for the repair, and at least two proposed dates on and times at which the subcontractor, supplier or design professional is able to begin making the repair.
4. If a subcontractor, supplier or design professional elects to repair the constructional defect, the contractor or claimant may hold the subcontractor liable for any repair which does not eliminate the defect.
(Added to NRS by 2003, 2035; A 2015, 11)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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, supplier or design professional who may be responsible for the alleged defect reasonable access to the residence or appurtenance that is the subject of the notice to determine the nature and extent of a constructional defect and the nature and extent of repairs that may be necessary. To the extent possible, the persons entitled to inspect shall coordinate and conduct the inspections in a manner which minimizes the inconvenience to the claimant.
(Added to NRS by 2003, 2036; A 2015, 12)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 claimant may commence an action or amend a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant must:
(a) Allow an inspection of the alleged constructional defect to be conducted pursuant to NRS 40.6462;
(b) Be present or have a representative of the claimant present at an inspection conducted pursuant to NRS 40.6462 and, to the extent possible, reasonably identify the proximate locations of the defects, damages or injuries specified in the notice; and
(c) Allow the contractor, subcontractor, supplier or design professional a reasonable opportunity to repair the constructional defect or cause the defect to be repaired if an election to repair is made pursuant to NRS 40.6472.
2. If a claimant commences an action without complying with subsection 1 or NRS 40.645, the court shall:
(a) Dismiss the action without prejudice and compel the claimant to comply with those provisions before filing another action; or
(b) If dismissal of the action would prevent the claimant from filing another action because the action would be procedurally barred by the statute of limitations or statute of repose, the court shall stay the proceeding pending compliance with those provisions by the claimant.
(Added to NRS by 2003, 2039; A 2015, 13; 2019, 2260)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 notice of a constructional defect pursuant to NRS 40.645:
(a) By the contractor not later than 90 days after the contractor receives the notice; and
(b) If notice was sent to a subcontractor, supplier or design professional, by the subcontractor, supplier or design professional not later than 90 days after the date that the subcontractor, supplier or design professional receives the notice.
2. The written response sent pursuant to subsection 1 must respond to each constructional defect in the notice and:
(a) Must state whether the contractor, subcontractor, supplier or design professional has elected to repair the defect or cause the defect to be repaired. If an election to repair is included in the response and the repair will cause the claimant to move from the claimant’s home during the repair, the election must also include monetary compensation in an amount reasonably necessary for temporary housing or for storage of household items, or for both, if necessary.
(b) May include a proposal for monetary compensation, which may include contribution from a subcontractor, supplier or design professional.
(c) May disclaim liability for the constructional defect and state the reasons for such a disclaimer.
3. If the claimant is a homeowners’ association, the association shall send a copy of the response to each member of the association not later than 30 days after receiving the response.
4. If the contractor, subcontractor, supplier or design professional has elected not to repair the constructional defect, the claimant or contractor may bring a cause of action for the constructional defect or amend a complaint to add a cause of action for the constructional defect.
5. If the contractor, subcontractor, supplier or design professional has elected to repair the constructional defect, the claimant must provide the contractor, subcontractor, supplier or design professional with a reasonable opportunity to repair the constructional defect.
(Added to NRS by 2003, 2037; A 2015, 13)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 to an insurer which has issued a policy of insurance that covers all or any portion of the business of the contractor, subcontractor, supplier or design professional.
2. If the contractor, subcontractor, supplier or design professional presents the claim to the insurer pursuant to this section, the insurer:
(a) Must treat the claim as if a civil action has been brought against the contractor, subcontractor, supplier or design professional; and
(b) Must provide coverage to the extent available under the policy of insurance as if a civil action has been brought against the contractor, subcontractor, supplier or design professional.
3. A contractor, subcontractor, supplier or design professional is not required to present a claim to the insurer pursuant to this section, and the failure to present such a claim to the insurer does not relieve the insurer of any duty under the policy of insurance to the contractor, subcontractor, supplier or design professional.
(Added to NRS by 2003, 2040)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 response pursuant to paragraph (b) of subsection 2 of NRS 40.6472 and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, the court in which the action is commenced may:
(a) Deny the claimant’s attorney’s fees and costs; and
(b) Award attorney’s fees and costs to the contractor.
Any sums paid under a builder’s warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.
2. If a contractor, subcontractor, supplier or design professional fails to:
(a) Comply with the provisions of NRS 40.6472;
(b) Make an offer of settlement;
(c) Make a good faith response to the claim asserting no liability;
(d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680; or
(e) Participate in mediation,
the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive, do not apply and the claimant may commence an action or amend a complaint to add a cause of action for a constructional defect without satisfying any other requirement of NRS 40.600 to 40.695, inclusive.
3. If a residence or appurtenance that is the subject of the claim is covered by a builder’s warranty, a claimant shall diligently pursue a claim under the builder’s warranty.
4. Nothing in this section prohibits an offer of judgment pursuant to Rule 68 of the Nevada Rules of Civil Procedure or NRS 17.117 or 40.652.
(Added to NRS by 1995, 2541; A 1997, 2719; 1999, 1442; 2003, 2044; 2015, 15, 2565; 2019, 275, 2260)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 any repairs already made that were necessary and of any repairs yet to be made that are necessary to cure any constructional defect that the contractor failed to cure and the reasonable expenses of temporary housing reasonably necessary during the repair;
(b) The reduction in market value of the residence or accessory structure, if any, to the extent the reduction is because of structural failure;
(c) The loss of the use of all or any part of the residence;
(d) The reasonable value of any other property damaged by the constructional defect;
(e) Any additional costs reasonably incurred by the claimant, including, but not limited to, any costs and fees incurred for the retention of experts to:
(1) Ascertain the nature and extent of the constructional defects;
(2) Evaluate appropriate corrective measures to estimate the value of loss of use; and
(3) Estimate the value of loss of use, the cost of temporary housing and the reduction of market value of the residence; and
(f) Any interest provided by statute.
2. If a contractor complies with the provisions of NRS 40.600 to 40.695, inclusive, the claimant may not recover from the contractor, as a result of the constructional defect, any damages other than damages authorized pursuant to NRS 40.600 to 40.695, inclusive.
3. This section must not be construed as impairing any contractual rights between a contractor and a subcontractor, supplier or design professional.
4. As used in this section, "structural failure" means physical damage to the load-bearing portion of a residence or appurtenance caused by a failure of the load-bearing portion of the residence or appurtenance.
(Added to NRS by 1995, 2541; A 1997, 2720; 2003, 2045; 2015, 16; 2019, 2261)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 clear and understandable statement notifying the claimant of the consequences of the claimant’s failure to respond or otherwise accept or reject the offer of settlement. An affidavit certifying rejection of an offer of settlement under this section may be filed with the court.
(Added to NRS by 1995, 2542; A 1999, 1442; 2003, 2045)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 claim by repurchasing the claimant’s residence and the real property upon which it is located. The agreement may include provisions which reimburse the claimant for:
1. The market value of the residence as if no constructional defect existed, except that if a residence is less than 2 years of age and was purchased from the contractor against whom the claim is brought, the market value is the price at which the residence was sold to the claimant;
2. The value of any improvements made to the property by a person other than the contractor;
3. Reasonable attorney’s fees and fees for experts; and
4. Any costs, including costs and expenses for moving and costs, points and fees for loans.
Any offer of settlement made that includes the items listed in this section shall be deemed reasonable for the purposes of subsection 1 of NRS 40.650.
(Added to NRS by 1995, 2542; A 1997, 2721; 2003, 2046)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 executed by a claimant after a contractor has corrected or otherwise repaired a constructional defect does not bar a claim for the constructional defect if it is determined that the contractor failed to correct or repair the defect properly.
2. The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1, unless:
(a) The claimant has obtained the opinion of an expert concerning the constructional defect;
(b) The claimant has provided the contractor with a written notice of the defect pursuant to NRS 40.645 and a copy of the expert’s opinion; and
(c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in NRS 40.600 to 40.695, inclusive.
3. The provisions of this section do not apply to repairs which are made pursuant to an election to repair pursuant to NRS 40.6472.
4. If a claimant does not prevail in any action which is not barred pursuant to this section, the court may:
(a) Deny the claimant’s attorney’s fees, fees for an expert witness or costs; and
(b) Award attorney’s fees and costs to the contractor.
(Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1442; 2003, 2046)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 claimant may not commence an action against a subdivider or master developer for a constructional defect in an appurtenance constructed on behalf of the subdivider or master developer in a planned unit development, to the extent that the appurtenance was constructed by or through a licensed general contractor, unless:
(a) The subdivider or master developer fails to provide to the claimant the name, address and telephone number of each contractor hired by the subdivider or master developer to construct the appurtenance within 30 days of the receipt by the subdivider or master developer of a request from the claimant for such information; or
(b) After the claimant has made a good faith effort to obtain full recovery from the contractors hired by the subdivider or master developer to construct the appurtenance, the claimant has not obtained a full recovery.
2. All statutes of limitation or repose applicable to a claim governed by this section are tolled from the time the claimant notifies a contractor hired by the subdivider or master developer of the claim until the earlier of the date:
(a) A court determines that the claimant cannot obtain a full recovery against those contractors; or
(b) The claimant receives notice that those contractors are bankrupt, insolvent or dissolved.
Tolling pursuant to this subsection applies only to the subdivider or master developer. Notwithstanding any applicable statute of limitation or repose, the claimant may commence an action against the subdivider or master developer for the claim within 1 year after the end of the tolling described in this subsection.
3. Nothing in this section prohibits the commencement of an action against a subdivider or master developer for a constructional defect in a residence sold, designed or constructed by or on behalf of the subdivider or master developer.
4. Nothing in this section prohibits a person other than the claimant from commencing an action against a subdivider or master developer to enforce the person’s own rights.
5. The provisions of this section do not apply to a subdivider or master developer who acts as a general contractor or uses the subdivider’s or master developer’s license as a general contractor in the course of constructing the appurtenance that is the subject of the action.
6. As used in this section:
(a) "Master developer" means a person who buys, sells or develops a planned unit development, including, without limitation, a person who enters into a development agreement pursuant to NRS 278.0201.
(b) "Planned unit development" has the meaning ascribed to it in NRS 278A.065.
(c) "Subdivider" has the meaning ascribed to it in NRS 278.0185.
(Added to NRS by 1999, 1438)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 contractor, subcontractor, supplier or design professional which creates an imminent threat to the health or safety of the inhabitants of the residence shall take reasonable steps to cure the defect as soon as practicable. The contractor, subcontractor, supplier or design professional shall not cure the defect by making any repairs for which such person is not licensed or by causing any repairs to be made by a person who is not licensed to make those repairs. If the contractor, subcontractor, supplier or design professional fails to cure the defect in a reasonable time, the owner of the residence may have the defect cured and may recover from the contractor, subcontractor, supplier or design professional the reasonable cost of the repairs plus reasonable attorney’s fees and costs in addition to any other damages recoverable under any other law.
2. A contractor, subcontractor, supplier or design professional who does not cure a defect pursuant to this section because such person has determined, in good faith and after a reasonable inspection, that there is not an imminent threat to the health or safety of the inhabitants is not liable for attorney’s fees and costs pursuant to this section, except that if a building inspector, building official or other similar authority employed by a governmental body with jurisdiction certifies that there is an imminent threat to the health and safety of the inhabitants of the residence, the contractor, subcontractor, supplier or design professional is subject to the provisions of subsection 1.
(Added to NRS by 1995, 2542; A 1997, 2721; 2001, 1249; 2003, 2046)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 defect not more than 1 year after the close of escrow of the initial purchase of the residence, the contractor, subcontractor, supplier or design professional shall make the repairs within 45 days after receiving the written notice unless completion is delayed by the claimant or by other events beyond the control of the contractor, subcontractor, supplier or design professional, or timely completion of repairs is not reasonably possible. The contractor, subcontractor, supplier or design professional and claimant may agree in writing to extend the period prescribed by this section. If a contractor or subcontractor fails to comply with this section, the contractor or subcontractor is immediately subject to discipline pursuant to NRS 624.300.
(Added to NRS by 1999, 1437; A 2003, 2047)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 inspection and repair are in addition to any rights of inspection and settlement provided by common law or by another statute.
(Added to NRS by 1995, 2542)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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, all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes, technical reports, soil and other engineering reports and other documents or materials relating to the claim that are not privileged.
(Added to NRS by 2003, 2041)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 attend the settlement conference. If a representative of an insurer is ordered to attend the settlement conference, the insurer shall ensure that the representative is authorized, on behalf of the insurer, to:
(a) Bind the insurer to any settlement agreement relating to the claim;
(b) Enter into any agreement relating to coverage that may be available under the party’s policy of insurance which is required to carry out any settlement relating to the claim; and
(c) Commit for expenditure money or other assets available under the party’s policy of insurance.
2. If a representative of an insurer who is ordered to attend a settlement conference pursuant to subsection 1 fails to attend the settlement conference or attends but is substantially unprepared to participate, or fails to participate in good faith, the special master or the judge may, on the special master’s or the judge’s own motion or that of a party, issue any order with regard thereto that is just under the circumstances.
3. In lieu of or in addition to any other sanction, the special master or the judge may require the insurer to pay any reasonable expenses or attorney’s fees incurred by a party because of the failure of the insurer or its representative to comply with the provisions of this section or any order issued pursuant to this section, unless the special master or the judge finds that the failure to comply was substantially justified or that any other circumstances make the award of such expenses or fees unjust.
4. Any insurer which conducts business in this State and which insures a party against liability for the claim shall be deemed to have consented to the jurisdiction of the special master or the judge for the purposes of this section.
5. The authority conferred upon the special master or the judge pursuant to this section is in addition to any other authority conferred upon the special master or the judge pursuant to any other statute or any court rule.
(Added to NRS by 2003, 2040)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 information about insurance agreements that may be obtained by discovery pursuant to rule 26(b)(2) of the Nevada Rules of Civil Procedure. Such disclosure does not affect the admissibility at trial of the information disclosed.
2. Except as otherwise provided in subsection 3, if the contractor fails to provide the information required pursuant to subsection 1 within the time allowed, the claimant may petition the court to compel production of the information. Upon receiving such a petition, the court may order the contractor to produce the required information and may award the claimant reasonable attorney’s fees and costs incurred in petitioning the court pursuant to this subsection.
3. The parties may agree to an extension of time for the contractor to produce the information required pursuant to this section.
4. For the purposes of this section, "information about insurance agreements" is limited to any declaration sheets, endorsements and contracts of insurance issued to the contractor from the commencement of construction of the residence of the claimant to the date on which the request for the information is made and does not include information concerning any disputes between the contractor and an insurer or information concerning any reservation of rights by an insurer.
(Added to NRS by 1997, 2716; A 1999, 1443; 2019, 2262)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 governed by NRS 40.600 to 40.695, inclusive, the claimant shall disclose, in writing, to any prospective purchaser of the residence, not less than 30 days before the close of escrow for the sale of the residence or, if escrow is to close less than 30 days after the execution of the sales agreement, then immediately upon the execution of the sales agreement or, if a claim is initiated less than 30 days before the close of escrow, within 24 hours after giving written notice to the contractor pursuant to NRS 40.645:
(a) All notices given by the claimant to the contractor pursuant to NRS 40.600 to 40.695, inclusive, that are related to the residence;
(b) All opinions the claimant has obtained from experts regarding a constructional defect that is or has been the subject of the claim;
(c) The terms of any settlement, order or judgment relating to the claim; and
(d) A detailed report of all repairs made to the residence by or on behalf of the claimant as a result of a constructional defect that is or has been the subject of the claim.
2. Before taking any action on a claim pursuant to NRS 40.600 to 40.695, inclusive, the attorney for a claimant shall notify the claimant in writing of the provisions of this section.
(Added to NRS by 1999, 1439; A 2003, 2048)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 Session, 66; A 2003, 2049)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, if the attorney for the complainant fails to:
(a) File an affidavit required pursuant to NRS 40.6884;
(b) File a report required pursuant to subsection 3 of NRS 40.6884; or
(c) Name the expert consulted in the affidavit required pursuant to subsection 1 of NRS 40.6884.
2. The fact that an attorney for a complainant has complied or failed to comply with the provisions of NRS 40.6884 is admissible in the action.
(Added to NRS by 2001 Special Session, 67)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 which may affect or relate to a constructional defect, including, without limitation, questions concerning the need for repairs, the appropriate method for repairs, the sufficiency of any repairs that have been made and the respective rights and responsibilities of homeowners, claimants, contractors, subcontractors, suppliers and design professionals.
2. If a question or dispute is submitted to the State Contractors’ Board pursuant to this section, the State Contractors’ Board shall, pursuant to its regulations, rules and procedures, respond to the question or investigate the dispute and render a decision. Nothing in this section authorizes the State Contractors’ Board to require the owner of a residence or appurtenance to participate in any administrative hearing which is held pursuant to this section.
3. Not later than 30 days after a question or dispute is submitted to the State Contractors’ Board pursuant to subsection 1, the State Contractors’ Board shall respond to the question or render its decision. The response or decision of the State Contractors’ Board:
(a) Is not binding and is not subject to judicial review pursuant to the provisions of chapters 233B and 624 of NRS; and
(b) Is not admissible in any judicial or administrative proceeding brought pursuant to the provisions of this chapter.
4. The provisions of this chapter do not preclude a claimant or a contractor, subcontractor, supplier or design professional from pursuing any remedy otherwise available from the State Contractors’ Board pursuant to the provisions of chapter 624 of NRS concerning a constructional defect.
5. If an action for a constructional defect has been commenced, the court shall not stay or delay any proceedings before the court pending an answer to a question or decision concerning a dispute submitted to the State Contractors’ Board.
6. The State Contractors’ Board shall adopt regulations necessary to carry out the provisions of this section and may charge and collect reasonable fees from licensees to cover the cost of carrying out its duties pursuant to this section.
(Added to NRS by 2003, 2039; A 2005, 477)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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; and
(b) The court may assign an action commenced pursuant to NRS 40.600 to 40.695, inclusive, to a senior judge.
2. If the action is assigned to a senior judge upon petition by a party:
(a) Any additional expenses caused by the assignment must be borne equally by each party involved; or
(b) The judge may distribute any additional expenses among the parties as the judge deems appropriate.
(Added to NRS by 1997, 2716)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 contractor against a government, governmental agency or political subdivision of a government, during the period in which a claim for a constructional defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive. The settlement of such a claim does not affect the rights or obligations of the claimant or contractor in any action brought by the claimant or contractor against a third party.
2. A contractor or claimant may require a party against whom the contractor or claimant asserts a claim governed by NRS 40.600 to 40.695, inclusive, to appear and participate in proceedings held pursuant to those sections as if the party were a contractor and the party requiring the appearance were a claimant. The party must receive notice of the proceedings from the contractor or claimant.
(Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1443)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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. If such a person becomes a party to the action:
1. For the purposes of NRS 40.645, the person shall be deemed to have been given notice of the defect by the claimant on the date on which the person becomes a party to the action; and
2. The provisions of NRS 40.600 to 40.695, inclusive, apply to the person after that date.
(Added to NRS by 1999, 1438; A 2003, 2049)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 time notice of the claim is given, until the earlier of:
(a) One year after notice of the claim is given; or
(b) Thirty days after mediation is concluded or waived in writing pursuant to NRS 40.680.
2. Statutes of limitation and repose may be tolled under this section for a period longer than 1 year after notice of the claim is given only if, in an action for a constructional defect brought by a claimant after the applicable statute of limitation or repose has expired, the claimant demonstrates to the satisfaction of the court that good cause exists to toll the statutes of limitation and repose under this section for a longer period.
3. Tolling under this section applies to a third party regardless of whether the party is required to appear in the proceeding.
(Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1444; 2003, 2049; 2015, 17)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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 union, thrift company, savings and loan association or savings bank, or any subsidiary or affiliate of a bank, mortgage company, mortgage servicer, credit union, thrift company, savings and loan association or savings bank, which is authorized to transact business in this State and which makes or acquires, in whole or in part, any loan of the kind described in subsection 2.
2. Except as otherwise provided in subsection 5, a person who, for the purpose of obtaining a loan secured by a lien on real property, knowingly conceals a material fact, or makes a false statement concerning a material fact knowing that the statement is false, is liable to any financial institution or other lender which relied upon the absence of that concealed fact or on that false statement for any damages it sustains because of the fraud.
3. In addition to its actual damages, a financial institution or other lender may recover exemplary or punitive damages in an amount not to exceed 50 percent of the actual damages awarded.
4. The cause of action provided by this section:
(a) Is not, for the purposes of NRS 40.430, an action for the recovery of any debt or an action for the enforcement of any right secured by mortgage or lien upon real estate.
(b) Is in addition to and not in substitution for any right of foreclosure existing in favor of the financial institution or other lender. Any recovery pursuant to this section does not limit the amount of a judgment awarded pursuant to NRS 40.459, but the financial institution or other lender is not entitled to recover actual damages more than once for the same loss.
5. The provisions of this section do not apply to any loan which is secured by a lien on real property used for residential purposes if:
(a) The residence is a single-family dwelling occupied by the person obtaining the loan, as represented by the person in connection with the person’s application for the loan; and
(b) The loan is for the principal amount of $150,000 or less.
(Added to NRS by 1987, 1346; A 1999, 3802; 2003, 3570; 2007, 2850; 2015, 2810; 2017, 3084)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.770 - Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property.

1. Except as otherwise provided in subsection 6, in any sale, lease or rental of real property, the fact that the property is or has been:
(a) The site of a homicide, suicide or death by any other cause, except a death that results from a condition of the property;
(b) The site of any crime punishable as a felony other than a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or
(c) Occupied by a person exposed to or suffering from any disease that is not known to be transmitted through occupancy of the property,
is not material to the transaction.
2. In any sale, lease or rental of real property, the fact that a sex offender, as defined in NRS 179D.095, resides or is expected to reside in the community is not material to the transaction, and the seller, lessor or landlord or any agent of the seller, lessor or landlord does not have a duty to disclose such a fact to a buyer, lessee or tenant or any agent of a buyer, lessee or tenant.
3. In any sale, lease or rental of real property, the fact that a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS is located near the property being sold, leased or rented is not material to the transaction.
4. A seller, lessor or landlord or any agent of the seller, lessor or landlord is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1, 2 or 3 that is not material to the transaction or of which the seller, lessor or landlord or agent of the seller, lessor or landlord had no actual knowledge.
5. Except as otherwise provided in an agreement between a buyer, lessee or tenant and that person’s agent, an agent of the buyer, lessee or tenant is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1, 2 or 3 that is not material to the transaction or of which the agent of the buyer, lessee or tenant had no actual knowledge.
6. For purposes of this section, the fact that the property is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine is not material to the transaction if:
(a) All materials and substances involving methamphetamine have been removed from or remediated on the property by an entity certified or licensed to do so; or
(b) The property has been deemed safe for habitation by the board of health.
7. As used in this section:
(a) "Board of health" has the meaning ascribed to it in NRS 439.4797.
(b) "Facility for transitional living for released offenders" has the meaning ascribed to it in NRS 449.0055.
(Added to NRS by 1989, 629; A 1995, 845; 1997, 1674; 2003, 1338; 2005, 2353; 2007, 2772; 2009, 826; 2021, 3190)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.010 - Commencement of action; service of summons upon State Controller.

An officer or person who has presented a claim against the State:
1. For services or advances authorized by law, and for which an appropriation has been made, but of which the amount has not been fixed by law; or
2. For refund of an overpayment,
which claim the State Board of Examiners or the State Controller has refused to allow, in whole or in part, may commence an action in any court having jurisdiction of the amount, for the recovery of such portion of the claim as has been rejected. In such action, the State of Nevada must be named as defendant, and the summons must be served upon the State Controller, and the action must proceed as other civil actions to final judgment.
[1911 CPA § 711; RL § 5653; NCL § 9200]—(NRS A 1967, 720; 1969, 1117; 2003, 627)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.020 - Attorney General to defend; appeals.

The Attorney General shall defend all such actions on the part of the State. The State Controller shall cause to be subpoenaed and examined such witnesses and procure and cause to be introduced such documentary evidence as the State Controller shall deem necessary for the defense. Appeals may be taken in all such actions by the State Controller or the Attorney General in behalf of the State.
[1911 CPA § 712; RL § 5654; NCL § 9201]—(NRS A 1969, 1117)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.030 - State Controller to draw warrant upon final judgment.

Upon the presentation of a certified copy of a final judgment in favor of the claimant in any such action, the State Controller shall draw a warrant in favor of the claimant for the amount awarded by the judgment.
[1911 CPA § 713; RL § 5655; NCL § 9202]