When litigation makes sense
- The amount in dispute justifies the cost.
- The claim is supported by the contract, an independent report, and repair bids.
- A demand letter, a Board complaint, or a bond claim did not resolve it.
- The contractor, its insurer, or its bond can actually pay.
Claims commonly brought
- Breach of contract. The contractor did not perform what the agreement required.
- Breach of warranty. Express warranties in the contract, and implied warranties of workmanlike quality.
- Negligence. Careless work that caused damage.
- Constructional defect. For residences, after the Chapter 40 process.
- Consumer fraud and deceptive trade practices. Under NRS 41.600 and Chapter 598, where the facts support it.
- Action on the license bond. Against the surety.
Deadlines
| Claim | General deadline |
|---|---|
| Written contract | 6 years (NRS 11.190) |
| Oral contract | 4 years |
| Deceptive trade practices | 4 years from discovery |
| Fraud | 3 years from discovery |
| Action on the license bond | 2 years from the act (NRS 624.273) |
| Construction defect, outer limit | 10 years from substantial completion (NRS 11.202) |
These are general rules. Which deadline applies, and when it started, depends on the facts. Some run from discovery and some do not.
What litigation involves
A lawsuit begins with a complaint and the contractor's answer, followed by an exchange of documents, written questions, depositions, and expert reports. Most cases go through court-ordered arbitration or mediation, and most settle before trial. We do not quote timelines, because every file differs.
Fees
Contract litigation is handled on a retainer and hourly basis under a separate written agreement. It is not part of the fixed-fee demand letter or Board complaint engagements. In Nevada each side generally pays its own attorney fees unless a contract or statute provides otherwise, which is one reason we weigh the amount at stake carefully before recommending a lawsuit.
This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.