Senate Bill No. 17–Committee on Judiciary

Prefiled January 18, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing limitations on civil actions pertaining to certain public improvements. (BDR 2-166)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the limitation of actions; revising the period in which a person may bring a civil action pertaining to certain public improvements; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 11 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in subsection 2 and NRS 11.202 and

1-4 11.203, no action may be commenced against the owner, developer, local

1-5 government or a person performing or furnishing the design, planning,

1-6 supervision, construction or observation of construction of a street,

1-7 sidewalk, curb, gutter, sewer or other public improvement that is required

1-8 to be built as a prerequisite to subdividing land more than 3 years after

1-9 the substantial completion of the improvement for:

1-10 (a) A latent or patent deficiency in the design, planning, supervision,

1-11 construction or observation of construction of such an improvement;

1-12 (b) Injury to real or personal property caused by such a deficiency; or

1-13 (c) Injury to or the wrongful death of a person caused by such a

1-14 deficiency.

1-15 2. Notwithstanding the provisions of subsection 1 and NRS 11.190,

1-16 where injury occurs in the third year after the substantial completion of

1-17 such an improvement, an action for damages for injury to property or

1-18 person, for a wrongful death that results from such an injury or for

2-1 breach of contract may be commenced within 3 years after the date of the

2-2 injury.

2-3 3. For the purposes of this section:

2-4 (a) "Latent deficiency" means a deficiency which is not apparent by

2-5 reasonable inspection.

2-6 (b) "Patent deficiency" means a deficiency which is apparent by

2-7 reasonable inspection.

2-8 Sec. 2. NRS 11.204 is hereby amended to read as follows:

2-9 11.204 1. Except as otherwise provided in subsection 3 and NRS

2-10 11.202 and 11.203, no action may be commenced against the owner,

2-11 occupier or any person performing or furnishing the design, planning,

2-12 supervision or observation of construction, or the construction, of an

2-13 improvement to real property more than 8 years after the substantial

2-14 completion of such an improvement, for the recovery of damages for:

2-15 (a) Any latent deficiency in the design, planning, supervision or

2-16 observation of construction or the construction of such an improvement;

2-17 (b) Injury to real or personal property caused by any such deficiency; or

2-18 (c) Injury to or the wrongful death of a person caused by any such

2-19 deficiency.

2-20 2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of

2-21 this section, where injury occurs in the eighth year after the substantial

2-22 completion of such an improvement, an action for damages for injury to

2-23 property or person, damages for wrongful death resulting from such injury

2-24 or damages for breach of contract may be commenced within 2 years after

2-25 the date of such injury, irrespective of the date of death, but in no event may

2-26 an action be commenced more than 10 years after the substantial completion

2-27 of the improvement.

2-28 3. This section does not apply to the design, planning, supervision,

2-29 construction or observation of construction of a street, sidewalk, curb,

2-30 gutter, sewer or other public improvement that is required to be built as a

2-31 prerequisite to subdividing land.

2-32 4. For the purposes of this section, "latent deficiency" means a

2-33 deficiency which is not apparent by reasonable inspection.

2-34 Sec. 3. NRS 11.205 is hereby amended to read as follows:

2-35 11.205 1. Except as otherwise provided in subsection 3 and NRS

2-36 11.202 and 11.203, no action may be commenced against the owner,

2-37 occupier or any person performing or furnishing the design, planning,

2-38 supervision or observation of construction, or the construction of an

2-39 improvement to real property more than 6 years after the substantial

2-40 completion of such an improvement, for the recovery of damages for:

2-41 (a) Any patent deficiency in the design, planning, supervision or

2-42 observation of construction or the construction of such an improvement;

2-43 (b) Injury to real or personal property caused by any such deficiency; or

3-1 (c) Injury to or the wrongful death of a person caused by any such

3-2 deficiency.

3-3 2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of

3-4 this section, where injury occurs in the sixth year after the substantial

3-5 completion of such an improvement, an action for damages for injury to

3-6 property or person, damages for wrongful death resulting from such injury

3-7 or damages for breach of contract may be commenced within 2 years after

3-8 the date of such injury, irrespective of the date of death, but in no event may

3-9 an action be commenced more than 8 years after the substantial completion

3-10 of the improvement.

3-11 3. This section does not apply to the design, planning, supervision,

3-12 construction or observation of construction of a street, sidewalk, curb,

3-13 gutter, sewer or other public improvement that is required to be built as a

3-14 prerequisite to subdividing land.

3-15 4. For the purposes of this section, "patent deficiency" means a

3-16 deficiency which is apparent by reasonable inspection.

3-17 Sec. 4. NRS 11.206 is hereby amended to read as follows:

3-18 11.206 The limitations respectively prescribed by NRS 11.203, 11.204

3-19 and 11.205 and section 1 of this act are not a defense in an action brought

3-20 against:

3-21 1. The owner or keeper of any hotel, inn, motel, motor court,

3-22 boardinghouse or lodginghouse in this state on account of his liability as an

3-23 innkeeper.

3-24 2. Any person on account of a defect in a product.

3-25 Sec. 5. 1. Except as otherwise provided in subsection 2, the period of

3-26 limitation on actions set forth in section 1 of this act applies retroactively to

3-27 actions in which the substantial completion of the improvement to the real

3-28 property occurred before October 1, 1999.

3-29 2. The provisions of subsection 1 do not limit an action:

3-30 (a) That accrued before October 1, 1999, and was commenced before

3-31 October 1, 2000; or

3-32 (b) If so doing would constitute an impairment of the obligation of

3-33 contracts under the Constitution of the United States or the constitution of

3-34 the State of Nevada.

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