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Can Subsequent Purchasers Of Real Property Pursue Claims Against Original Contractors for Construction Defects?

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. 

What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
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