Senate Bill No. 32–Committee on Commerce and Labor
Prefiled January 25, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions concerning constructional defects and insurance for home
protection. (BDR 3-22)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
AN ACT relating to real property; revising certain provisions governing claims against
contractors for constructional defects in residences; revising the statutes of
limitation and statutes of repose relating to certain actions on real property;
requiring specified disclosures on the sale of certain residences; revising certain
provisions governing insurance for home protection; 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 40 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 6, inclusive, of this act.1-3
Sec. 2. Except as otherwise provided in this section and NRS 40.670:1-4
1. Notwithstanding the provisions of subsection 1 of NRS 40.680, a1-5
claimant may commence an action in district court in a complex matter.1-6
If the claimant commences an action in district court he shall:1-7
(a) File and serve the summons and complaint as required by law;1-8
and1-9
(b) At the same time and in the same manner as the claimant serves1-10
the summons and complaint upon the contractor, serve upon the1-11
contractor a written notice specifying in reasonable detail to the extent1-12
known the defects, and any damages or injuries to each residence or1-13
appurtenance that is the subject of the claim. The notice must describe in1-14
reasonable detail each defect, the specific location of each defect, and the1-15
nature and extent that is known of the damage or injury resulting from1-16
each defect. If an expert opinion has been rendered concerning the2-1
existence or extent of the defects, a written copy of the opinion must2-2
accompany the notice. An expert opinion that specifies each defect to the2-3
extent known, the specific location of each defect to the extent known,2-4
and the nature and extent that is known of the damage or injury2-5
resulting from each defect, based on a valid and reliable representative2-6
sample of the residences and appurtenances involved in the action,2-7
satisfies the requirements of this section.2-8
2. The contractor shall file and serve an answer to the complaint as2-9
required by law.2-10
3. Not later than 30 days after the date of service of the answer to the2-11
complaint, the contractor and claimant shall meet to establish a schedule2-12
for:2-13
(a) The exchange of or reasonable access for the other party to all2-14
relevant reports, photos, correspondence, plans, specifications,2-15
warranties, contracts, subcontracts, work orders for repair, videotapes,2-16
technical reports, soil and other engineering reports and other2-17
documents or materials relating to the claim that are not privileged;2-18
(b) The inspection of the residence or appurtenance that is the subject2-19
of the claim to evaluate the defects set forth in the notice served pursuant2-20
to subsection 1; and2-21
(c) The conduct of any tests that are reasonably necessary to2-22
determine the nature and cause of a defect or any damage or injury, and2-23
the nature and extent of repairs necessary to remedy a defect or any2-24
damage or injury. The party conducting the test shall provide reasonable2-25
notice of the test to all other parties and conduct the test at a reasonable2-26
time.2-27
4. At the meeting held pursuant to subsection 3, the claimant and2-28
contractor shall:2-29
(a) Establish a schedule for the addition of any additional parties to2-30
the complaint or to file any third-party complaint against an additional2-31
party who may be responsible for all or a portion of the defects set forth2-32
in the notice served pursuant to subsection 1;2-33
(b) Unless the claimant and contractor agree otherwise in writing,2-34
select a mediator and proceed with mediation as provided in subsections2-35
2 to 6, inclusive, of NRS 40.680; and2-36
(c) If the claimant and contractor agree, select a special master and2-37
jointly petition the court for his appointment pursuant to subsection 7.2-38
5. Each party added to the complaint or against whom a third-party2-39
complaint is filed pursuant to subsection 4 shall file and serve an answer2-40
as required by law.2-41
6. If the claimant or contractor adds a party to the complaint or files2-42
a third-party complaint, then not later than 60 days after the date2-43
determined pursuant to paragraph (a) of subsection 4, the contractor,3-1
claimant and each party added to the complaint or against whom a3-2
third-party complaint is filed shall meet to establish a schedule for the3-3
activities set forth in paragraphs (a), (b) and (c) of subsection 3.3-4
7. If a special master has not been appointed, the contractor,3-5
claimant or a party added to the complaint or against whom a third-party3-6
complaint is filed may petition the court for the appointment of a special3-7
master at any time after the meeting held pursuant to subsection 3. The3-8
special master may:3-9
(a) Take any action set forth in subsection 4 of NRS 40.680;3-10
(b) Exercise any power set forth in Rule 53 of the Nevada Rules of3-11
Civil Procedure; and3-12
(c) Subject to the provisions of NRS 40.680, if the parties fail to3-13
establish a schedule or determine a date as required in subsection 3, 4 or3-14
6, establish the schedule or determine the date.3-15
8. Unless the mediation required pursuant to paragraph (b) of3-16
subsection 4 is completed or the contractor and claimant have agreed in3-17
writing not to mediate the claim pursuant to paragraph (b) of subsection3-18
4, a party shall not propound interrogatories or requests for admission,3-19
take a deposition or file a motion that is dispositive of the action except:3-20
(a) Upon agreement of the parties; or3-21
(b) With the prior approval of the court or special master.3-22
9. If a residence or appurtenance that is the subject of the claim is3-23
covered by a homeowner’s warranty that is purchased by or on behalf of3-24
a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant3-25
shall diligently pursue a claim under the contract.3-26
10. Unless the parties agree otherwise, not less than 60 days before3-27
the date of the mediation pursuant to paragraph (b) of subsection 4 is3-28
convened, the contractor shall make a written response to the claimant3-29
that meets the requirements set forth in subsection 3 of NRS 40.645.3-30
11. If the claimant is a representative of a homeowner’s association,3-31
the association shall submit any response made by the contractor to each3-32
member of the association in writing not more than 30 days after the date3-33
the claimant receives the response.3-34
12. The claimant shall respond to the written response of the3-35
contractor within 45 days after the response of the contractor is mailed to3-36
the claimant.3-37
Sec. 3. Except as otherwise provided in NRS 40.670, if a contractor3-38
receives written notice of a constructional defect that is not part of a3-39
complex matter not more than 1 year after the close of escrow of the3-40
initial purchase of the residence, the contractor shall make the repairs3-41
within 45 days after the contractor receives the written notice unless3-42
completion is delayed by the claimant or by other events beyond the3-43
control of the contractor, or timely completion of repairs is not4-1
reasonably possible. The contractor and claimant may agree in writing to4-2
extend the period prescribed by this section. If the contractor fails to4-3
comply with this section, he is immediately subject to discipline pursuant4-4
to NRS 624.300.4-5
Sec. 4. If, after complying with the procedural requirements of NRS4-6
40.645 and 40.680, or section 2 of this act, a claimant proceeds with an4-7
action for damages arising from a constructional defect:4-8
1. The claimant and each contractor who is named in the original4-9
complaint when the action is commenced are not required, while the4-10
action is pending, to comply with the requirements of NRS 40.645 or4-11
40.680, or section 2 of this act, for any constructional defect that the4-12
claimant includes in an amended complaint, if the constructional defect:4-13
(a) Is attributable, in whole or in part, to such a contractor;4-14
(b) Is located on the same property described in the original4-15
complaint; and4-16
(c) Was not discovered before the action was commenced provided4-17
that a good faith effort had been undertaken by the claimant.4-18
2. The claimant is not required to give written notice of a defect4-19
pursuant to subsection 1 of NRS 40.645 or subsection 1 of section 2 of4-20
this act to any person who is joined to or intervenes in the action as a4-21
party after it is commenced. If such a person becomes a party to the4-22
action:4-23
(a) For the purposes of subsection 1 of NRS 40.645 or subsection 1 of4-24
section 2 of this act, the person shall be deemed to have been given notice4-25
of the defect by the claimant on the date on which the person becomes a4-26
party to the action; and4-27
(b) The provisions of NRS 40.600 to 40.695, inclusive, and sections 24-28
to 6, inclusive, of this act apply to the person after that date.4-29
Sec. 5. 1. Notwithstanding the provisions of NRS 40.600 to 40.695,4-30
inclusive, and sections 2, 3, 4 and 6 of this act, a claimant may not4-31
commence an action against a subdivider or master developer for a4-32
constructional defect in an appurtenance constructed on behalf of the4-33
subdivider or master developer in a planned unit development, to the4-34
extent that the appurtenance was constructed by or through a licensed4-35
general contractor, unless:4-36
(a) The subdivider or master developer fails to provide to the claimant4-37
the name, address and telephone number of each contractor hired by the4-38
subdivider or master developer to construct the appurtenance within 304-39
days of the receipt by the subdivider or master developer of a request4-40
from the claimant for such information; or4-41
(b) After the claimant has made a good faith effort to obtain full4-42
recovery from the contractors hired by the subdivider or master developer5-1
to construct the appurtenance, the claimant has not obtained a full5-2
recovery.5-3
2. All statutes of limitation or repose applicable to a claim governed5-4
by this section are tolled from the time the claimant notifies a contractor5-5
hired by the subdivider or master developer of the claim until the earlier5-6
of the date:5-7
(a) A court determines that the claimant cannot obtain a full recovery5-8
against those contractors; or5-9
(b) The claimant receives notice that those contractors are bankrupt,5-10
insolvent or dissolved.5-11
Tolling pursuant to this subsection applies only to the subdivider or5-12
master developer. Notwithstanding any applicable statute of limitation or5-13
repose, the claimant may commence an action against the subdivider or5-14
master developer for the claim within 1 year after the end of the tolling5-15
described in this subsection.5-16
3. Nothing in this section prohibits the commencement of an action5-17
against a subdivider or master developer for a constructional defect in a5-18
residence sold, designed or constructed by or on behalf of the subdivider5-19
or master developer.5-20
4. Nothing in this section prohibits a person other than the claimant5-21
from commencing an action against a subdivider or master developer to5-22
enforce his own rights.5-23
5. The provisions of this section do not apply to a subdivider or5-24
master developer who acts as a general contractor or uses his license as a5-25
general contractor in the course of constructing the appurtenance that is5-26
the subject of the action.5-27
6. As used in this section:5-28
(a) "Master developer" means a person who buys, sells or develops a5-29
planned unit development, including, without limitation, a person who5-30
enters into a development agreement pursuant to NRS 278.0201.5-31
(b) "Planned unit development" has the meaning ascribed to it in5-32
NRS 278A.065.5-33
(c) "Subdivider" has the meaning ascribed to it in NRS 278.0185.5-34
Sec. 6. 1. If a claimant attempts to sell a residence that is or has5-35
been the subject of a claim governed by NRS 40.600 to 40.695, inclusive,5-36
and sections 2 to 6, inclusive, of this act, he shall disclose, in writing, to5-37
any prospective purchaser of the residence, not less than 30 days before5-38
the close of escrow for the sale of the residence or, if escrow is to close5-39
less than 30 days after the execution of the sales agreement, then5-40
immediately upon the execution of the sales agreement or, if a claim is5-41
initiated less than 30 days before the close of escrow, within 24 hours5-42
after giving written notice to the contractor pursuant to subsection 1 of5-43
NRS 40.645 or subsection 1 of section 2 of this act:6-1
(a) All notices given by the claimant to the contractor pursuant to6-2
NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act6-3
that are related to the residence;6-4
(b) All opinions the claimant has obtained from experts regarding a6-5
constructional defect that is or has been the subject of the claim;6-6
(c) The terms of any settlement, order or judgment relating to the6-7
claim; and6-8
(d) A detailed report of all repairs made to the residence by or on6-9
behalf of the claimant as a result of a constructional defect that is or has6-10
been the subject of the claim.6-11
2. Before taking any action on a claim pursuant to NRS 40.600 to6-12
40.695, inclusive, and sections 2 to 6, inclusive, of this act, the attorney6-13
for a claimant shall notify the claimant in writing of the provisions of6-14
this section.6-15
Sec. 7. NRS 40.600 is hereby amended to read as follows: 40.600 As used in NRS 40.600 to 40.695, inclusive, and sections 2 to6-17
6, inclusive, of this act, unless the context otherwise requires, the words6-18
and terms defined in NRS 40.605 to 40.630, inclusive, have the meanings6-19
ascribed to them in those sections.6-20
Sec. 8. NRS 40.605 is hereby amended to read as follows:6-21
40.605 1. "Appurtenance" means a structure, installation, facility6-22
amenity or other improvement that is appurtenant to6-23
benefits one or more residences, but is not a part of the dwelling unit. The6-24
term includes, without limitation, the parcel of real property, recreational6-25
facilities, golf courses, walls, sidewalks, driveways, landscaping , common6-26
elements and limited common elements other than those described in6-27
NRS 116.2102, and other structures, installations, facilities and amenities6-28
associated with6-29
2. As used in this section:6-30
(a) "Common elements" has the meaning ascribed to it in NRS6-31
116.110318.6-32
(b) "Limited common element" has the meaning ascribed to it in NRS6-33
116.110355.6-34
Sec. 8.5. NRS 40.625 is hereby amended to read as follows: 40.625 "Homeowner’s warranty" means a warranty or policy of6-36
insurance:6-37
1. Issued or purchased by or on behalf of a contractor for the6-38
protection of a claimant; or6-39
2. Purchased by or on behalf of a claimant pursuant to NRS 690B.1006-40
to 690B.180, inclusive.6-41
The term includes a warranty contract issued by a risk retention group that6-42
operates in compliance with chapter 695E of NRS and insures all or any7-1
part of the liability of a contractor for the cost to repair a constructional7-2
defect in a residence.7-3
Sec. 9. NRS 40.645 is hereby amended to read as follows:7-4
40.645 Except as otherwise provided in this section and NRS 40.670:7-5
1.7-6
before a claimant commences an action against a contractor for damages7-7
arising from a constructional defect, the claimant must give written notice7-8
by certified mail, return receipt requested, to the contractor, at the7-9
contractor’s last known address, specifying in reasonable detail the defects7-10
or any damages or injuries to each residence or7-11
7-12
notice must describe in reasonable detail the cause of the defects if the7-13
cause is known,7-14
injury resulting from the defects7-15
location of each defect within each residence or appurtenance to the7-16
extent known. An expert opinion concerning the cause of the defects and7-17
the nature and extent of the damage or injury resulting from the defects7-18
based on a representative sample of the components of the residences7-19
7-20
the action satisfies the requirements of this section. During the7-21
45-day period after the contractor receives the notice, on his written7-22
request, the contractor is entitled to inspect the property that is the subject7-23
of the claim to determine the nature and cause of the defect, damage or7-24
injury and the nature and extent of repairs necessary to remedy the defect.7-25
The contractor shall, before making the inspection, provide reasonable7-26
notice of the inspection and7-27
reasonable time. The contractor may take reasonable steps to establish the7-28
existence of the defect.7-29
2. If7-30
is covered by a homeowner’s warranty7-31
behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a7-32
claimant7-33
contract.7-34
3. Within7-35
contractor7-36
claimant. The7-37
(a) Must be served to the claimant by certified mail, return receipt7-38
requested, at the claimant’s last known address.7-39
(b) Must respond to each constructional defect set forth in the claimant’s7-40
notice, and describe in reasonable detail the cause of the defect, if known,7-41
the nature and extent of the damage or injury resulting from the defect, and,7-42
unless the8-1
compensation, the method, adequacy and estimated cost of8-2
proposed repair.8-3
(c) May include:8-4
(1) A proposal for monetary compensation8-5
contribution from a subcontractor.8-6
(2) If the contractor or his subcontractor is licensed to make the8-7
repairs, an agreement by the contractor or subcontractor to make the8-8
repairs.8-9
(3) An agreement by the contractor to cause the repairs to be made, at8-10
the contractor’s expense, by another contractor who is licensed to make the8-11
repairs, bonded and insured.8-12
The repairs must be made within 45 days after the contractor receives8-13
written notice of acceptance of the8-14
delayed by the claimant or by other events beyond the control of the8-15
contractor8-16
possible. The claimant and the contractor may agree in writing to extend8-17
the periods prescribed by this section.8-18
4.8-19
8-20
8-21
8-22
NRS 40.680 and upon providing 15 days’ notice, each party shall provide8-23
the other party, or shall make a reasonable effort to assist the other party to8-24
obtain, all relevant reports, photos, correspondence, plans, specifications,8-25
warranties, contracts, subcontracts, work orders for repair, videotapes8-26
, technical reports, soil and other engineering reports and other documents8-27
or materials relating to the claim that are not privileged.8-28
8-29
the association shall submit any8-30
contractor to each member of the association.8-31
6. As used in this section, "subcontractor" means a contractor who8-32
performs work on behalf of another contractor in the construction of a8-33
residence or appurtenance.8-34
Sec. 10. NRS 40.650 is hereby amended to read as follows: 40.650 1. If a claimant unreasonably rejects a reasonable written8-36
offer of settlement made as part of a response made pursuant to NRS8-37
40.645 or section 2 of this act or does not permit the contractor or8-38
independent contractor a reasonable opportunity to repair the defect8-39
pursuant to an accepted offer of settlement and thereafter commences an8-40
action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6,8-41
inclusive, of this act, the court in which the action is commenced may:8-42
(a) Deny the claimant’s attorney’s fees and costs; and9-1
(b) Award attorney’s fees and costs to the contractor.9-2
Any sums paid under a homeowner’s warranty, other than sums paid in9-3
satisfaction of claims that are collateral to any coverage issued to or by the9-4
contractor, must be deducted from any recovery.9-5
2. If a contractor fails to:9-6
(a) Make an offer of settlement;9-7
(b) Make a good faith response to the claim asserting no liability;9-8
(c) Complete, in a good and workmanlike manner, the repairs specified9-9
in an accepted offer;9-10
(d) Agree to a mediator or accept the appointment of a mediator9-11
pursuant to NRS 40.6809-12
(e) Participate in mediation,9-13
the limitations on damages and defenses to liability provided in NRS9-14
40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act do9-15
not apply and the claimant may commence an action without satisfying any9-16
other requirement of NRS 40.600 to 40.695, inclusive9-17
to 6, inclusive, of this act.9-18
3. If coverage under a homeowner’s warranty is denied by an insurer in9-19
bad faith, the homeowner and the contractor have a right of action for the9-20
sums that would have been paid if coverage had been provided, plus9-21
reasonable attorney’s fees and costs.9-22
Sec. 11. NRS 40.660 is hereby amended to read as follows: 40.660 An offer of settlement that is not accepted within :9-24
1. In a complex matter, 45 days; or9-25
2. In a matter that is not a complex matter, 25 days ,9-26
after the offer is received by the claimant is considered rejected if the offer9-27
contains a clear and understandable statement notifying the claimant of the9-28
consequences of his failure to respond or otherwise accept or reject the9-29
offer of settlement. An affidavit certifying rejection of an offer of9-30
settlement under this section may be filed with the court.9-31
Sec. 12. NRS 40.685 is hereby amended to read as follows: 40.685 1. Except as otherwise provided in subsection 2, a written9-33
waiver or settlement agreement executed by a claimant after a contractor9-34
has corrected or otherwise repaired a constructional defect does not bar a9-35
claim for the constructional defect if it is determined that the contractor9-36
failed to correct or repair the defect properly.9-37
2. The provisions of subsection 1 do not apply to any written waiver or9-38
settlement agreement described in subsection 1, unless:9-39
(a) The claimant has obtained the opinion of an expert concerning the9-40
constructional defect;9-41
(b) The claimant has provided the contractor with a written notice of the9-42
defect pursuant to NRS 40.645 or section 2 of this act and a copy of the9-43
expert’s opinion; and10-1
(c) The claimant and the contractor have complied with the10-2
requirements for inspection and repair as provided in NRS 40.600 to10-3
40.695, inclusive10-4
3. If a claimant does not prevail in any action which is not barred10-5
pursuant to this section, the court may:10-6
(a) Deny the claimant’s attorney’s fees, fees for an expert witness or10-7
costs; and10-8
(b) Award attorney’s fees and costs to the contractor.10-9
Sec. 12.5. NRS 40.687 is hereby amended to read as follows: 40.687 Notwithstanding any other provision of law:10-11
1. A claimant shall, within 10 days after commencing an action against10-12
a contractor, disclose to the contractor all information about any10-13
homeowner’s warranty that is applicable to the claim.10-14
2. The contractor shall, no later than 10 days after10-15
a response is made pursuant to this chapter, disclose to the claimant any10-16
information about insurance agreements that may be obtained by discovery10-17
pursuant to rule 26(b)(2) of the Nevada Rules of Civil Procedure. Such10-18
disclosure does not affect the admissibility at trial of the information10-19
disclosed.10-20
3. Except as otherwise provided in subsection 4, if either party fails to10-21
provide the information required pursuant to subsection 1 or 2 within the10-22
time allowed, the other party may petition the court to compel production of10-23
the information. Upon receiving such a petition, the court may order the10-24
party to produce the required information and may award the petitioning10-25
party reasonable attorney’s fees and costs incurred in petitioning the court10-26
pursuant to this subsection.10-27
4. The parties may agree to an extension of time to produce the10-28
information required pursuant to this section.10-29
5. For the purposes of this section, "information about insurance10-30
agreements" is limited to any declaration sheets, endorsements and10-31
contracts of insurance issued to the contractor from the commencement of10-32
construction of the residence of the claimant to the date on which the10-33
request for the information is made and does not include information10-34
concerning any disputes between the contractor and an insurer or10-35
information concerning any reservation of rights by an insurer.10-36
Sec. 13. NRS 40.690 is hereby amended to read as follows:10-37
40.690 1. A claim governed by NRS 40.600 to 40.695, inclusive,10-38
and sections 2 to 6, inclusive, of this act may not be brought by a claimant10-39
or contractor against10-40
governmental agency or political subdivision of a government, during the10-41
period in which a claim for a constructional defect is being settled,10-42
mediated or otherwise resolved pursuant to NRS 40.600 to 40.695,10-43
inclusive11-1
such a claim does not affect the rights or obligations11-2
11-3
11-4
action brought by the claimant or contractor against a third party.11-5
2. A contractor or claimant may require11-6
11-7
11-8
claim governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6,11-9
inclusive, of this act to appear and participate in proceedings held pursuant11-10
to11-11
were a contractor11-12
claimant. The party must receive notice of the proceedings from the11-13
contractor or claimant.11-14
Sec. 14. NRS 40.695 is hereby amended to read as follows:11-15
40.695 1.11-16
statutes of limitation or repose applicable to a claim based on a11-17
constructional defect governed by NRS 40.600 to 40.695, inclusive, and11-18
sections 2 to 6, inclusive, of this act are tolled from the time notice of the11-19
claim is given, until 30 days after mediation is concluded or waived in11-20
writing pursuant to NRS 40.68011-21
2. Tolling under this section applies11-22
(a) Only to a claim that is not a complex matter.11-23
(b) To a third party regardless of whether the party is required to appear11-24
in the proceeding. Sec. 15. Chapter 11 of NRS is hereby amended by adding thereto a11-26
new section to read as follows:11-27
1. Except as otherwise provided in subsection 2, for the purposes of11-28
this section and NRS 11.202 to 11.206, inclusive, the date of substantial11-29
completion of an improvement to real property shall be deemed to be the11-30
date on which:11-31
(a) The final building inspection of the improvement is conducted;11-32
(b) A notice of completion is issued for the improvement; or11-33
(c) A certificate of occupancy is issued for the improvement,11-34
whichever occurs later.11-35
2. If none of the events described in subsection 1 occurs, the date of11-36
substantial completion of an improvement to real property must be11-37
determined by the rules of the common law.11-38
Sec. 16. NRS 11.203 is hereby amended to read as follows:11-39
11.203 1. Except as otherwise provided in NRS 11.20211-40
11.206, no action may be commenced against the owner, occupier or any11-41
person performing or furnishing the design, planning, supervision or11-42
observation of construction, or the construction of an improvement to real12-1
property more than 10 years after the substantial completion of such an12-2
improvement, for the recovery of damages for:12-3
(a) Any deficiency in the design, planning, supervision or observation of12-4
construction or the construction of such an improvement which is known or12-5
through the use of reasonable diligence should have been known to him;12-6
(b) Injury to real or personal property caused by any such deficiency; or12-7
(c) Injury to or the wrongful death of a person caused by any such12-8
deficiency.12-9
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of12-10
this section,12-11
substantial completion of such an improvement, an action for damages for12-12
injury to property or person, damages for wrongful death resulting from12-13
such injury or damages for breach of contract may be commenced within 212-14
years after the date of such injury, irrespective of the date of death, but in12-15
no event may an action be commenced more than 12 years after the12-16
substantial completion of the improvement.12-17
3. The provisions of this section do not apply to a claim for12-18
indemnity or contribution.12-19
Sec. 17. NRS 11.204 is hereby amended to read as follows:12-20
11.204 1. Except as otherwise provided in NRS 11.20212-21
, 11.203 and 11.206, no action may be commenced against the owner,12-22
occupier or any person performing or furnishing the design, planning,12-23
supervision or observation of construction, or the construction, of an12-24
improvement to real property more than 8 years after the substantial12-25
completion of such an improvement, for the recovery of damages for:12-26
(a) Any latent deficiency in the design, planning, supervision or12-27
observation of construction or the construction of such an improvement;12-28
(b) Injury to real or personal property caused by any such deficiency; or12-29
(c) Injury to or the wrongful death of a person caused by any such12-30
deficiency.12-31
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of12-32
this section,12-33
substantial completion of such an improvement, an action for damages for12-34
injury to property or person, damages for wrongful death resulting from12-35
such injury or damages for breach of contract may be commenced within 212-36
years after the date of such injury, irrespective of the date of death, but in12-37
no event may an action be commenced more than 10 years after the12-38
substantial completion of the improvement.12-39
3. The provisions of this section do not apply to a claim for12-40
indemnity or contribution.12-41
4. For the purposes of this section, "latent deficiency" means a12-42
deficiency which is not apparent by reasonable inspection.13-1
Sec. 18. NRS 11.205 is hereby amended to read as follows:13-2
11.205 1. Except as otherwise provided in NRS 11.20213-3
, 11.203 and 11.206, no action may be commenced against the owner,13-4
occupier or any person performing or furnishing the design, planning,13-5
supervision or observation of construction, or the construction of an13-6
improvement to real property more than 6 years after the substantial13-7
completion of such an improvement, for the recovery of damages for:13-8
(a) Any patent deficiency in the design, planning, supervision or13-9
observation of construction or the construction of such an improvement;13-10
(b) Injury to real or personal property caused by any such deficiency; or13-11
(c) Injury to or the wrongful death of a person caused by any such13-12
deficiency.13-13
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of13-14
this section,13-15
substantial completion of such an improvement, an action for damages for13-16
injury to property or person, damages for wrongful death resulting from13-17
such injury or damages for breach of contract may be commenced within 213-18
years after the date of such injury, irrespective of the date of death, but in13-19
no event may an action be commenced more than 8 years after the13-20
substantial completion of the improvement.13-21
3. The provisions of this section do not apply to a claim for13-22
indemnity or contribution.13-23
4. For the purposes of this section, "patent deficiency" means a13-24
deficiency which is apparent by reasonable inspection. Sec. 19. Chapter 113 of NRS is hereby amended by adding thereto a13-26
new section to read as follows:13-27
1. Upon signing a sales agreement with the initial purchaser of13-28
residential property that was not occupied by the purchaser for more13-29
than 120 days after substantial completion of the construction of the13-30
residential property, the seller shall:13-31
(a) Provide to the initial purchaser a copy of NRS 11.202 to 11.206,13-32
inclusive, and section 15 of this act and NRS 40.600 to 40.695, inclusive,13-33
and sections 2 to 6, inclusive, of this act;13-34
(b) Notify the initial purchaser of any soil report prepared for the13-35
residential property or for the subdivision in which the residential13-36
property is located; and13-37
(c) If requested in writing by the initial purchaser not later than 513-38
days after signing the sales agreement, provide to the purchaser without13-39
cost each report described in paragraph (b) not later than 5 days after the13-40
seller receives the written request.13-41
2. Not later than 20 days after receipt of all reports pursuant to13-42
paragraph (c) of subsection 1, the initial purchaser may rescind the sales13-43
agreement.14-1
3. The initial purchaser may waive his right to rescind the sales14-2
agreement pursuant to subsection 2. Such a waiver is effective only if it is14-3
made in a written document that is signed by the purchaser.14-4
Sec. 20. NRS 113.100 is hereby amended to read as follows: 113.100 As used in NRS 113.100 to 113.150, inclusive, and section14-6
19 of this act, unless the context otherwise requires:14-7
1. "Defect" means a condition that materially affects the value or use14-8
of residential property in an adverse manner.14-9
2. "Disclosure form" means a form that complies with the regulations14-10
adopted pursuant to NRS 113.120.14-11
3. "Dwelling unit" means any building, structure or portion thereof14-12
which is occupied as, or designed or intended for occupancy as, a residence14-13
by one person who maintains a household or by two or more persons who14-14
maintain a common household.14-15
4. "Residential property" means any land in this state to which is14-16
affixed not less than one nor more than four dwelling units.14-17
5. "Seller" means a person who sells or intends to sell any residential14-18
property.14-19
Sec. 21. NRS 624.300 is hereby amended to read as follows: 624.300 1. Except as otherwise provided in subsection 6, the board14-21
may:14-22
(a) Suspend or revoke licenses already issued;14-23
(b) Refuse renewals of licenses;14-24
(c) Impose limits on the field, scope and monetary limit of the license;14-25
(d) Impose an administrative fine of not more than $10,000;14-26
(e) Order the licensee to take action to correct a condition resulting from14-27
an act which constitutes a cause for disciplinary action, at the licensee’s14-28
cost; or14-29
(f) Reprimand or take other less severe disciplinary action, including,14-30
without limitation, increasing the amount of the surety bond or cash deposit14-31
of the licensee,14-32
if the licensee commits any act which constitutes a cause for disciplinary14-33
action.14-34
2. If the board suspends or revokes the license of a contractor for14-35
failure to establish financial responsibility, the board may, in addition to14-36
any other conditions for reinstating or renewing the license, require that14-37
each contract undertaken by the licensee for a period to be designated by14-38
the board, not to exceed 12 months, be separately covered by a bond or14-39
bonds approved by the board and conditioned upon the performance of and14-40
the payment of labor and materials required by the contract.14-41
3. If a licensee commits a fraudulent act which is a cause for14-42
disciplinary action under NRS 624.3016, the correction of any condition15-1
resulting from the act does not preclude the board from taking disciplinary15-2
action.15-3
4. If the board finds that a licensee has engaged in repeated acts that15-4
would be cause for disciplinary action, the correction of any resulting15-5
conditions does not preclude the board from taking disciplinary action15-6
pursuant to this section.15-7
5. The expiration of a license by operation of law or by order or15-8
decision of the board or a court, or the voluntary surrender of a license by a15-9
licensee, does not deprive the board of jurisdiction to proceed with any15-10
investigation of, or action or disciplinary proceeding against, the licensee15-11
or to render a decision suspending or revoking the license.15-12
6.15-13
board shall not take any disciplinary action pursuant to this section15-14
regarding a constructional defect, as that term is defined in NRS 40.615,15-15
during the period in which any claim arising out of that defect is being15-16
settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695,15-17
inclusive, and sections 2 to 6, inclusive, of this act, unless the disciplinary15-18
action is necessary to protect the public health or safety.15-19
7. If discipline is imposed pursuant to this section, the costs of the15-20
proceeding, including investigative costs and attorney’s fees, may be15-21
recovered by the board.15-22
Sec. 22. NRS 690B.100 is hereby amended to read as follows:15-23
690B.100 As used in NRS 690B.100 to 690B.180, inclusive, unless15-24
the context otherwise requires:15-25
1. "Home" means a structure used primarily for residential purposes15-26
and includes15-27
(a) A single-family dwelling;15-28
(b) A unit in a multiple-family structure15-29
(c) A mobile home15-30
(d) The common elements of a common-interest community, as15-31
defined in NRS 116.110318, and any appurtenance to the common15-32
elements.15-33
2. "Insurance for home protection" means a contract of insurance,15-34
which affords coverage over a specified term for a predetermined fee,15-35
under which a person, other than the manufacturer, builder, seller or lessor15-36
of the home, agrees to repair, replace or indemnify from the cost of repair15-37
or replacement based upon the failure of any structure, component, system15-38
or appliance of the home. The term does not include a contract which15-39
insures against any consequential losses caused by the defects or failures.15-40
Sec. 23. NRS 690B.140 is hereby amended to read as follows:15-41
690B.140 An insurer who issues policies of insurance for home15-42
protection, other than casualty insurance, may make investments in tangible15-43
personal property for use in fulfilling its obligations to repair or replace16-1
components, systems or appliances of the home under its contracts of16-2
insurance for home protection, in an amount not to exceed16-3
of its assets, as determined pursuant to NRS 681B.010, unless the16-4
commissioner, whenever he deems it appropriate, waives this limitation by16-5
regulation.16-6
Sec. 24. NRS 690B.160 is hereby amended to read as follows:16-7
690B.160 1. A contract of insurance for home protection must16-8
specify:16-9
(a) The structures, components, systems and appliances covered by the16-10
provisions of the contract.16-11
(b) Any exclusions from and limitations on coverage.16-12
(c) The period during which the contract will be in effect, and the16-13
renewal terms, if any.16-14
(d) The services to be performed by the insurer and the terms and16-15
conditions of his performance.16-16
(e) The copayment, service fee or deductible charge, if any, to be16-17
charged16-18
(f) All limitations regarding the performance of services, including any16-19
restrictions as to the time during or geographical area within which services16-20
may be requested or will be performed.16-21
(g) That16-22
insurer will commence an investigation of a claim upon a request from16-23
the insured by telephone, without any requirement that claim forms or16-24
applications be filed before the16-25
of the investigation.16-26
(h) That , except in an emergency, including, without limitation, the16-27
loss of heating, cooling, plumbing or electrical service by the insured,16-28
services will be initiated by or under the direction of the insurer within 4816-29
hours after16-30
investigation of a claim. Work must commence on an emergency not16-31
later than 24 hours after the report of the claim. The commissioner may16-32
adopt regulations to define "emergency" for the purposes of this16-33
paragraph.16-34
(i) Other conditions and provisions pertaining to the coverage as16-35
required by the insurance laws of this state or regulations adopted by the16-36
commissioner.16-37
2. Insurance for home protection may not be canceled during the term16-38
for which it is issued, except:16-39
(a) For nonpayment of the fee for the contract.16-40
(b) For fraud or misrepresentation of facts material to the issuance or16-41
renewal of the contract.17-1
(c) Insurance which provides coverage before the home is sold if the17-2
sale is not made. The cancellation must be made in accordance with the17-3
contract provisions.17-4
3. Insurance for home protection is not renewable unless its terms17-5
provide otherwise.17-6
Sec. 25. NRS 690B.180 is hereby amended to read as follows:17-7
690B.180 An insurer who issues policies of insurance for home17-8
protection, other than casualty insurance, shall not:17-9
1. Engage in any other business17-10
insurance17-11
645D, inclusive, of NRS.17-12
2. Assume reinsurance from any other insurer.17-13
Sec. 26. The amendatory provisions of this act do not apply to a claim17-14
initiated or an action commenced pursuant to NRS 40.600 to 40.695,17-15
inclusive, and sections 2 to 6, inclusive, of this act, unless the claim was17-16
initiated or the action was commenced on or after July 1, 1999.17-17
Sec. 27. This act becomes effective on July 1, 1999.~