What counts as a constructional defect
Under NRS 40.615, a constructional defect is a defect in the design, construction, manufacture, repair, or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance, that either:
- presents an unreasonable risk of injury to a person or property, or
- is not completed in a good and workmanlike manner and proximately causes physical damage to the residence or an appurtenance.
So the law is not limited to new homes. Additions and remodels can qualify. Whether a simple replacement job qualifies is less clear and depends on the facts.
Who can bring a claim
The owner of a residence or appurtenance, including a subsequent owner, and a homeowners association acting within its authority (NRS 40.610). See HOA construction defect claims.
The required steps
- Written notice. Sent by certified mail to the contractor. It must identify, in reasonable detail, each defect, the damage it caused, and its location, and include a signed statement from the owner verifying that the defects exist (NRS 40.645).
- Inspection. The owner must allow the contractor to inspect and must be present, or have a representative present, to identify the defects (NRS 40.647).
- Response. The contractor has 90 days after receiving the notice to respond. It may offer to repair, offer money, or deny responsibility (NRS 40.6472).
- Opportunity to repair. If the contractor elects to repair, the owner must give a reasonable opportunity to do so.
- Mediation. Required before a lawsuit unless waived in writing (NRS 40.680).
- Lawsuit. Only if the process does not resolve the claim.
If your home is covered by a builder warranty, you must also pursue the warranty claim diligently (NRS 40.650).
What can be recovered
NRS 40.655 limits recovery to damages caused by the defect: the reasonable cost of repairs and temporary housing during repairs, loss of use, damage to other property, reasonably incurred costs including expert fees, and interest. Reduction in market value is recoverable only when it results from structural failure. Attorney fees are not on the list.
Deadlines
No claim may be brought more than ten years after substantial completion of the improvement (NRS 11.202). Shorter limitation periods also apply and often run from when the defect was discovered or should have been. Sending a proper Chapter 40 notice pauses those deadlines for a limited time.
How we handle these claims
Chapter 40 claims depend on expert proof. We start with an independent inspection that identifies each defect and the damage it has caused, then build the statutory notice from that report. Qualifying construction defect claims may be handled on a contingency basis. That is decided case by case after we review the file.
This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.