What it looks like
- Drywall cracks, nail pops, and separating trim
- Tile and flooring out of level or cracking
- Doors and windows that stick or will not latch
- Stucco cracks and water intrusion at windows and roofs
- Slab cracks, soil movement, and drainage toward the house
- Plumbing leaks and HVAC that cannot keep up
What Nevada law says
Nevada builders must give the buyer of a new home a written warranty of at least one year, and that warranty transfers to later owners (NRS 624.602). If your home is still within a builder warranty, you are expected to pursue the warranty claim diligently before or alongside any legal claim (NRS 40.650).
Beyond the warranty, NRS Chapter 40 governs claims for constructional defects. Before a lawsuit, the owner must send the builder a detailed written notice by certified mail, allow an inspection, and give the builder a reasonable opportunity to repair. The builder generally has 90 days to respond. Mediation is required before suit unless both sides waive it.
The outer deadline, called the statute of repose, is ten years after substantial completion of the home (NRS 11.202). Shorter limitation periods of two to six years also apply and often run from when the defect was discovered, so do not wait for the ten year mark. Subsequent owners can bring claims too.
The facts that matter
These are the questions that decide whether there is a practical path to recovery.
- The date the home was substantially complete and your closing date
- Whether you are the original buyer or a later owner
- Each defect, where it is, and when you first noticed it
- Whether the defect has caused physical damage or creates a safety risk
- What warranty requests you have made and how the builder responded
Proof to gather
- Your purchase agreement and closing documents
- The builder warranty booklet and every warranty request
- A written report from an independent inspector or engineer
- Photographs showing the defects over time
- Repair bids
See our guide to documenting a contractor dispute.
Options that usually fit
Construction defect claims (Chapter 40)
The required process for defects in a new home, addition, or alteration.
HOA construction defect claims
For associations dealing with defects in common elements and association-maintained areas.
Contractors Board complaint
For clear licensing violations: abandonment, code problems, departures from plans, substandard work.
Case review and demand letter
A fixed-fee review of your file and a formal demand, when the breach and the amount are clear.
Common questions
My builder warranty expired. Is it too late?
Not necessarily. The warranty period and the legal deadlines are different things. Chapter 40 claims can be brought after the warranty ends, within the limitation periods and no later than ten years after substantial completion.
I am the second owner. Do I have rights against the builder?
Generally yes. Chapter 40 claims belong to the owner of the residence, and the required builder warranty is transferable. The deadlines still run from the original completion of the home.
Can I recover attorney fees in a construction defect claim?
Attorney fees are not among the damages listed in the current version of NRS 40.655. They may be available in limited situations. Recoverable damages do include the reasonable cost of repairs and reasonably incurred expert costs.
This page is general information about Nevada law, not legal advice. Every dispute turns on its own facts and documents.