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
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 a1-2
new section to read as follows:1-3
1. Except as otherwise provided in subsection 2 and NRS 11.202 and1-4
11.203, no action may be commenced against the owner, developer, local1-5
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 required1-8
to be built as a prerequisite to subdividing land more than 3 years after1-9
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; or1-13
(c) Injury to or the wrongful death of a person caused by such a1-14
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 of1-17
such an improvement, an action for damages for injury to property or1-18
person, for a wrongful death that results from such an injury or for2-1
breach of contract may be commenced within 3 years after the date of the2-2
injury.2-3
3. For the purposes of this section:2-4
(a) "Latent deficiency" means a deficiency which is not apparent by2-5
reasonable inspection.2-6
(b) "Patent deficiency" means a deficiency which is apparent by2-7
reasonable inspection.2-8
Sec. 2. NRS 11.204 is hereby amended to read as follows: 11.204 1. Except as otherwise provided in subsection 3 and NRS2-10
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 an2-13
improvement to real property more than 8 years after the substantial2-14
completion of such an improvement, for the recovery of damages for:2-15
(a) Any latent deficiency in the design, planning, supervision or2-16
observation of construction or the construction of such an improvement;2-17
(b) Injury to real or personal property caused by any such deficiency; or2-18
(c) Injury to or the wrongful death of a person caused by any such2-19
deficiency.2-20
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of2-21
this section, where injury occurs in the eighth year after the substantial2-22
completion of such an improvement, an action for damages for injury to2-23
property or person, damages for wrongful death resulting from such injury2-24
or damages for breach of contract may be commenced within 2 years after2-25
the date of such injury, irrespective of the date of death, but in no event may2-26
an action be commenced more than 10 years after the substantial completion2-27
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 a2-31
prerequisite to subdividing land.2-32
4. For the purposes of this section, "latent deficiency" means a2-33
deficiency which is not apparent by reasonable inspection. 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 NRS2-36
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 an2-39
improvement to real property more than 6 years after the substantial2-40
completion of such an improvement, for the recovery of damages for:2-41
(a) Any patent deficiency in the design, planning, supervision or2-42
observation of construction or the construction of such an improvement;2-43
(b) Injury to real or personal property caused by any such deficiency; or3-1
(c) Injury to or the wrongful death of a person caused by any such3-2
deficiency.3-3
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of3-4
this section, where injury occurs in the sixth year after the substantial3-5
completion of such an improvement, an action for damages for injury to3-6
property or person, damages for wrongful death resulting from such injury3-7
or damages for breach of contract may be commenced within 2 years after3-8
the date of such injury, irrespective of the date of death, but in no event may3-9
an action be commenced more than 8 years after the substantial completion3-10
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 a3-14
prerequisite to subdividing land.3-15
4. For the purposes of this section, "patent deficiency" means a3-16
deficiency which is apparent by reasonable inspection.3-17
Sec. 4. NRS 11.206 is hereby amended to read as follows: 11.206 The limitations respectively prescribed by NRS 11.203, 11.2043-19
and 11.205 and section 1 of this act are not a defense in an action brought3-20
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 an3-23
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 of3-26
limitation on actions set forth in section 1 of this act applies retroactively to3-27
actions in which the substantial completion of the improvement to the real3-28
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 before3-31
October 1, 2000; or3-32
(b) If so doing would constitute an impairment of the obligation of3-33
contracts under the Constitution of the United States or the constitution of3-34
the State of Nevada.~