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What Types of Damages Can Be Recovered in a Construction Defect Case in Nevada?

When construction defects lead to litigation in Nevada, several types of damages may be recoverable. General contractors may pursue litigation against subcontractors for defects after the subcontractors have been given an opportunity to repair the defects. Similarly, homeowners must first give contractors an opportunity to repair discovered defects before claims may be filed in Court. If the repairs are insufficient, the contractors or homeowners may then pursue claims to recover damages.

Right to Repair

When a construction defect is discovered, the contractor or homeowner must first notify the responsible party about the problem and give the party the right to make repairs to correct it by way of an NRS Chapter 40 notice. While the subcontractor or contractor has a right to repair the defect, doing so might not release him or her from liability. 

Under Nevada law, there is a very clear preliltigation process that must be completed before a construction defect lawsuit can be filed, which includes not only the right to repair, but also a prelitigation mediation to help promote settlement without the need for a lawsuit.  Construction defect claims are often complex because of the number of parties that may be involved and the intertwined nature of the work of various subcontractors and insurance companies. 

Recoverable Damages

Depending on the individual circumstance, the damages that may be available in a construction defect claim include:

  • Litigation costs
  • Expert fees
  • Reasonable attorneys’ fees
  • Costs to repair the defective conditions and resultant damage
  • Temporary housing costs
  • Interest
  • The amount the property reduced in value because of the defect
  • Loss of the use of any part of the property and the value of any other property damaged because of the defect

To recover damages, the party that files the claim must first prove that the defect exists and that it was caused by the contractor or subcontractor against whom the claim was filed. The claimant must also prove the losses that were suffered because of the defect.  At trial, either a judge or jury will determine whether there was in fact the existence of a construction defect and the amount of damages caused by the same.  

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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