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Nevada’s Construction Defect Law – Mandatory Prelitigation Process

Before homeowners in Nevada can file lawsuits for construction defects, they must first complete a mandatory prelitigation process. This process requires giving proper notice and allowing the contractors and subcontractors time and the right to make repairs. The mandatory prelitigation process is designed to provide a way for construction defects to be resolved without the need for litigation. This helps reduce the number of cases that are filed while providing relief to affected homeowners.

Notice Requirement

When homeowners discover construction defects, they are required to send a notice of the defects to the contractor prior to commencing litigation. Under the statutory definition of a defect, the defective condition must either create unreasonable risks of injury to the property or person; or they must not have been completed in a good, workmanlike manner and are causing damage. The notice under NRS Chapter 40 must include reasonable details about the defects, including the injury to the property, and the damage it has caused. The notice must also include information about the defect’s location. Finally, the notice must include a signed statement by the homeowner verifying the existence of each claimed deficiency. 

Once the notice is completed, the homeowner must send the notice by certified, return-receipt mail to the contractor at the address listed with the State Contractor’s Board. Once the contractor receives the notice of defect, it must forward a copy to each subcontractor, designer, or supplier whose scope of work may be implicated by the defects detailed in the notice.  

Inspection and Repair

Within 90 days of receiving the notice, the contractor may request an inspection of the property. The homeowner must provide the subcontractor, supplier, contractor, or designer with reasonable access so that the inspection can be completed. In the contractor’s written response to the notice, he or she must include either an election to repair or declination of repair. If the contractor elects to repair the defect, an estimate of the time it will take to complete the repair and the available dates should be included. Any repair cannot be conditioned upon a homeowner’s settlement or release. If a repair is made, the contractor must provide a statement of repairs to the homeowner for disclosure purposes. If the repair is declined, a prelitigation mediation must be conducted unless it is waived in writing. 

An attorney can assist homeowners with the NRS Chapter 40 prelitigation process to adequately preserve the construction defect claims.

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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