Navigating construction defect claims under NRS Chapter 40 in Nevada demands a strategic approach. A...
Purchasers of commercial buildings or homes may still be able to file claims against the original builder/contractor for construction defects, even though they were not the original buyer. Even though there may be no contract between a subsequent buyer and the builder, the construction company could still be liable to anyone at some point in the future for errors in their work, depending on the facts. A person or entity whose interest in the property has been harmed may have the ability to file a lawsuit against the builder.
Remedies Apply to the Owner of the Property
The law is written generally to apply to an owner of the property. There is no requirement in the law that the owner must be the original one. Instead, it would be someone who holds the title and privileges of property ownership. This makes sense because any owner can be impacted by a builder’s negligence or willful misconduct. If the law were not this way, people would hesitate to buy homes in the secondary market for anything other than new construction.
Lawsuits Must Be Filed Within the Applicable Statute of Limitations and Statute of Repose Time Periods
The main restrictions on one’s ability to file a Nevada lawsuit are the statute of limitations and statute of repose. Here, the time limit depends on the reason for the lawsuit. The property owner has ten years from the date of substantial completion to file a construction defect lawsuit – this is the statute of repose time period. There is no statute of repose time limit in actions for fraud. However, within the ten-year statute of repose, certain statutes of limitations will apply as well and must be considered. While the statute of repose period triggers from the substantial completion date, the statute of limitations triggers from the time a property owner knew or should have known of the defective condition. There is a different statute of limitations time period depending on the cause of action being pursued in the lawsuit. For example, in Nevada, there is a six year statute of limitations for breach of a written contract. Different limitation periods apply for negligence, breach of warranty, etc…
Consulting with a Construction Defect Lawyer
Subsequent purchasers could have a claim against the original builder, but it will depend on the specific facts of each case. A subsequent purchaser dealing with construction defects should contact a construction defect attorney to learn more about their legal options and how they may file a lawsuit against the builder/contractor. There are different requirements under Nevada law for residential versus commercial construction. Most construction defect cases are very technical, and they require thorough investigations before filing a claim against a builder. This generally involves hiring experts and generating written reports and costs of repair. An experienced construction defect attorney can help guide a property owner through this complex process.
