1. Notwithstanding the provisions of subsection 1 of NRS 40.680, a

claimant may commence an action in district court in a complex matter.

If the claimant commences an action in district court he shall:

(a) File and serve the summons and complaint as required by law;

and

(b) At the same time and in the same manner as the claimant serves

the summons and complaint upon the contractor, serve upon the

contractor a written notice specifying in reasonable detail to the extent

known the defects, and any damages or injuries to each residence or

appurtenance that is the subject of the claim. The notice must describe in

reasonable detail each defect, the specific location of each defect, and the

nature and extent that is known of the damage or injury resulting from

each defect. If an expert opinion has been rendered concerning the

existence or extent of the defects, a written copy of the opinion must

accompany the notice. An expert opinion that specifies each defect to the

extent known, the specific location of each defect to the extent known,

and the nature and extent that is known of the damage or injury

resulting from each defect, based on a valid and reliable representative

sample of the residences and appurtenances involved in the action,

satisfies the requirements of this section.

2. The contractor shall file and serve an answer to the complaint as

required by law.

3. Not later than 30 days after the date of service of the answer to the

complaint, the contractor and claimant shall meet to establish a schedule

for:

(a) The exchange of or reasonable access for the other party to all

relevant reports, photos, correspondence, plans, specifications,

warranties, contracts, subcontracts, work orders for repair, videotapes,

technical reports, soil and other engineering reports and other

documents or materials relating to the claim that are not privileged;

(b) The inspection of the residence or appurtenance that is the subject

of the claim to evaluate the defects set forth in the notice served pursuant

to subsection 1; and

(c) The conduct of any tests that are reasonably necessary to

determine the nature and cause of a defect or any damage or injury, and

the nature and extent of repairs necessary to remedy a defect or any

damage or injury. The party conducting the test shall provide reasonable

notice of the test to all other parties and conduct the test at a reasonable

time.

4. At the meeting held pursuant to subsection 3, the claimant and

contractor shall:

(a) Establish a schedule for the addition of any additional parties to

the complaint or to file any third-party complaint against an additional

party who may be responsible for all or a portion of the defects set forth

in the notice served pursuant to subsection 1;

(b) Unless the claimant and contractor agree otherwise in writing,

select a mediator and proceed with mediation as provided in subsections

2 to 6, inclusive, of NRS 40.680; and

(c) If the claimant and contractor agree, select a special master and

jointly petition the court for his appointment pursuant to subsection 7.

5. Each party added to the complaint or against whom a third-party

complaint is filed pursuant to subsection 4 shall file and serve an answer

as required by law.

6. If the claimant or contractor adds a party to the complaint or files

a third-party complaint, then not later than 60 days after the date

determined pursuant to paragraph (a) of subsection 4, the contractor,

claimant and each party added to the complaint or against whom a

third-party complaint is filed shall meet to establish a schedule for the

activities set forth in paragraphs (a), (b) and (c) of subsection 3.

7. If a special master has not been appointed, the contractor,

claimant or a party added to the complaint or against whom a third-party

complaint is filed may petition the court for the appointment of a special

master at any time after the meeting held pursuant to subsection 3. The

special master may:

(a) Take any action set forth in subsection 4 of NRS 40.680;

(b) Exercise any power set forth in Rule 53 of the Nevada Rules of

Civil Procedure; and

(c) Subject to the provisions of NRS 40.680, if the parties fail to

establish a schedule or determine a date as required in subsection 3, 4 or

6, establish the schedule or determine the date.

8. Unless the mediation required pursuant to paragraph (b) of

subsection 4 is completed or the contractor and claimant have agreed in

writing not to mediate the claim pursuant to paragraph (b) of subsection

4, a party shall not propound interrogatories or requests for admission,

take a deposition or file a motion that is dispositive of the action except:

(a) Upon agreement of the parties; o

r

(b) With the prior approval of the court or special master.

9. If a residence or appurtenance that is the subject of the claim is

covered by a homeowner’s warranty that is purchased by or on behalf of

a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant

shall diligently pursue a claim under the contract.

10. Unless the parties agree otherwise, not less than 60 days before

the date of the mediation pursuant to paragraph (b) of subsection 4 is

convened, the contractor shall make a written response to the claimant

that meets the requirements set forth in subsection 3 of NRS 40.645.

11. If the claimant is a representative of a homeowner’s association,

the association shall submit any response made by the contractor to each

member of the association in writing not more than 30 days after the date

the claimant receives the response.

12. The claimant shall respond to the written response of the

contractor within 45 days after the response of the contractor is mailed to

the claimant.

receives written notice of a constructional defect that is not part of a

complex matter not more than 1 year after the close of escrow of the

initial purchase of the residence, the contractor shall make the repairs

within 45 days after the contractor receives the written notice unless

completion is delayed by the claimant or by other events beyond the

control of the contractor, or timely completion of repairs is not

reasonably possible. The contractor and claimant may agree in writing to

extend the period prescribed by this section. If the contractor fails to

comply with this section, he is immediately subject to discipline pursuant

to NRS 624.300.

1. 40.645 and 40.680, or section 2 of this act, a claimant proceeds with an

1. action for damages arising from a constructional defect:

1. 1. The claimant and each contractor who is named in the original

1. complaint when the action is commenced are not required, while the

1. action is pending, to comply with the requirements of NRS 40.645 or

1. 40.680, or section 2 of this act, for any constructional defect that the

1. claimant includes in an amended complaint, if the constructional defect:

1. (a) Is attributable, in whole or in part, to such a contractor;

1. (b) Is located on the same property described in the original

1. complaint; and

1. (c) Was not discovered before the action was commenced provided

1. that a good faith effort had been undertaken by the claimant.

1. 2. The claimant is not required to give written notice of a defect

1. pursuant to subsection 1 of NRS 40.645 or subsection 1 of section 2 of

1. this act to any person who is joined to or intervenes in the action as a

1. party after it is commenced. If such a person becomes a party to the

1. action:
2. (a) For the purposes of subsection 1 of NRS 40.645 or subsection 1 of

1. section 2 of this act, the person shall be deemed to have been given notice

1. of the defect by the claimant on the date on which the person becomes a

1. party to the action; and

(b) The provisions of NRS 40.600 to 40.695, inclusive, and sections 2

to 6, inclusive, of this act apply to the person after that date.

inclusive, and sections 2, 3, 4 and 6 of this act, a claimant may not

commence an action against a subdivider or master developer for a

constructional defect in an appurtenance constructed on behalf of the

subdivider or master developer in a planned unit development, to the

extent that the appurtenance was constructed by or through a licensed

general contractor, unless:

(a) The subdivider or master developer fails to provide to the claimant

the name, address and telephone number of each contractor hired by the

subdivider or master developer to construct the appurtenance within 30

days of the receipt by the subdivider or master developer of a request

from the claimant for such information; or

(b) After the claimant has made a good faith effort to obtain full

recovery from the contractors hired by the subdivider or master developer

to construct the appurtenance, the claimant has not obtained a full

recovery.

2. All statutes of limitation or repose applicable to a claim governed

by this section are tolled from the time the claimant notifies a contractor

hired by the subdivider or master developer of the claim until the earlier

of the date:

(a) A court determines that the claimant cannot obtain a full recovery

against those contractors; or

(b) The claimant receives notice that those contractors are bankrupt,

insolvent or dissolved.

Tolling pursuant to this subsection applies only to the subdivider or

master developer. Notwithstanding any applicable statute of limitation or

repose, the claimant may commence an action against the subdivider or

master developer for the claim within 1 year after the end of the tolling

described in this subsection.

3. Nothing in this section prohibits the commencement of an action

against a subdivider or master developer for a constructional defect in a

residence sold, designed or constructed by or on behalf of the subdivider

or master developer.

4. Nothing in this section prohibits a person other than the claimant

from commencing an action against a subdivider or master developer to

enforce his own rights.

5. The provisions of this section do not apply to a subdivider or

master developer who acts as a general contractor or uses his license as a

general contractor in the course of constructing the appurtenance that is

the subject of the action.

6. As used in this section:

(a) "Master developer" means a person who buys, sells or develops a

planned unit development, including, without limitation, a person who

enters into a development agreement pursuant to NRS 278.0201.

(b) "Planned unit development" has the meaning ascribed to it in

NRS 278A.065.

(c) "Subdivider" has the meaning ascribed to it in NRS 278.0185.

been the subject of a claim governed by NRS 40.600 to 40.695, inclusive,

and sections 2 to 6, inclusive, of this act, he shall disclose, in writing, to

any prospective purchaser of the residence, not less than 30 days before

the close of escrow for the sale of the residence or, if escrow is to close

less than 30 days after the execution of the sales agreement, then

immediately upon the execution of the sales agreement or, if a claim is

initiated less than 30 days before the close of escrow, within 24 hours

after giving written notice to the contractor pursuant to subsection 1 of

NRS 40.645 or subsection 1 of section 2 of this act:

(a) All notices given by the claimant to the contractor pursuant to

NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act

that are related to the residence;

(b) All opinions the claimant has obtained from experts regarding a

constructional defect that is or has been the subject of the claim;

(c) The terms of any settlement, order or judgment relating to the

claim; and

(d) A detailed report of all repairs made to the residence by or on

behalf of the claimant as a result of a constructional defect that is or has

been the subject of the claim.

2. Before taking any action on a claim pursuant to NRS 40.600 to

40.695, inclusive, and sections 2 to 6, inclusive, of this act, the attorney

for a claimant shall notify the claimant in writing of the provisions of

this section.

1. 2. As used in this section

1. :
2. (a) "Common elements" has the meaning ascribed to it in NRS

1. 116.110318.

1. (b) "Limited common element" has the meaning ascribed to it in NRS

1. 116.110355.

1. contribution from a subcontractor.

1. performs work on behalf of another contractor in the construction of a

1. residence or appurtenance.

to 6, inclusive, of this act.

1. claim governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6,

1. claimant. The party must receive notice of the proceedings from the

1. contractor or claimant.

1. this section and NRS 11.202 to 11.206, inclusive, the date of substantial

1. completion of an improvement to real property shall be deemed to be the

1. date on which:

1. (a) The final building inspection of the improvement is conducted;

1. (b) A notice of completion is issued for the improvement; or

1. (c) A certificate of occupancy is issued for the improvement,

1. whichever occurs later.

2. If none of the events described in subsection 1 occurs, the date of

substantial completion of an improvement to real property must be

determined by the rules of the common law.

1. indemnity or contribution.

1. indemnity or contribution.

1. Upon signing a sales agreement with the initial purchaser of

residential property that was not occupied by the purchaser for more

than 120 days after substantial completion of the construction of the

residential property, the seller shall:

(a) Provide to the initial purchaser a copy of NRS 11.202 to 11.206,

inclusive, and section 15 of this act and NRS 40.600 to 40.695, inclusive,

and sections 2 to 6, inclusive, of this act;

(b) Notify the initial purchaser of any soil report prepared for the

residential property or for the subdivision in which the residential

property is located; and

(c) If requested in writing by the initial purchaser not later than 5

days after signing the sales agreement, provide to the purchaser without

cost each report described in paragraph (b) not later than 5 days after the

seller receives the written request.

2. Not later than 20 days after receipt of all reports pursuant to

paragraph (c) of subsection 1, the initial purchaser may rescind the sales

agreement.

3. The initial purchaser may waive his right to rescind the sales

agreement pursuant to subsection 2. Such a waiver is effective only if it is

made in a written document that is signed by the purchaser.

1. of the investigation.

1. investigation of a claim. Work must commence on an emergency not

1. later than 24 hours after the report of the claim. The commissioner may

1. adopt regulations to define "emergency" for the purposes of this

1. paragraph.