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Construction Defects
Licensed in Nevada and California
This firm handles many construction defect claims and actions, especially claims or cases involving soils/foundational and structural defects. In Nevada, before filing a lawsuit against a contractor, builder, design professional or subcontractor (builder), a homeowner is required to timely serve a NRS 40.600 et seq. (Chapter 40) Notice on the builder and provide it with an opportunity to inspect and make repairs. If a timely Chapter 40 Notice is not served on the correct entity at the correct address, and if the Chapter 40 Notice does not contain the required information, your rights might be lost.
Under Chapter 40, the builder has a right to repair provided that it complies with the statutes. If a builder fails to comply with the statutes, it may face statutory penalties, including being subject to additional damages and losing defenses. Additionally, if a builder fails to participate in the Chapter 40 process, fails to make a reasonable written offer (or any written offer) or fails to participate in mediation, it may be precluded from seeking an award of attorney's fees and costs. Failing to provide the builder with that opportunity, and otherwise complying with the statutes, will bar a homeowner from suing a builder in court. For example, if a Chapter 40 Notice is not served within applicable statues of limitation and repose, your right to pursue a builder will be lost. If a builder only offers to make a temporary, partial or superficial repair, or if it denies liability or offers an insufficent amount of compensation, it may be sued it court. Before that happens, a required mediation must take place at the builder's cost. Many cases settle during the Chapter 40 process or at required mediation. That avoids the time, expense and cost of prolonged litigation.
The builder has 90 days after receiving the Chapter 40 Notice to inspect a house and provide a written response. In some circumstances, like life/safety and water intrusion/mold conditions, the time period is shorter. If an offer to make repairs is made, and you permit the repair to be made assuming it is an adequate repair, the builder cannot condition the repair work on signing a release of liability. The repairs must be completed within 105 days (or longer depending on the number of claimants in the notice). Upon completion of the repair work, the builder must provide you with a statement of repairs which indicates the defect that was repaired, how it was repaired, showing what was removed or replaced and indicating that the repairs were completed. That statement of repairs can be provided to prospective purchasers for disclosure purposes and to lessen the stigma/risk created due to disclosure obligations. When a Chapter 40 claim is made, the builder cannot ask for a release of liability, must perform work in a workmanlike manner and per code and must use licensed, bonded and insured subcontractors.
Under Chapter 40, a homeowner is entitled to recover the costs to repair past and present construction defects and resulting damage, the costs to repair future defects or damage, relocation costs, per diem for lodging, meals and other expenses or inconvenience (loss of use damages), expert costs, attorney's fees, litigation costs, damages for loss of use, stigma/risk damages due to disclosure obligations and, depending on whether a builder complies with the statues, consequential damages and possibly punitive damages.
It is essential to follow the statutes so that rights and entitlements are not lost. There are many pitfalls for the unweary, the unrepresented and those who are not knowledgeable in construction and this area of the law. If you have construction defects at your house and want legal advice, this firm is available to provide a free consultation and initial inspection of your house. If warranted, an inspection by experts can be arranged without cost to you. This firm will commonly come to your house for an initial inspection, before retention, free of charge. Most of our construction defect claims/cases are handled on a contingent fee basis, which means you pay no attorney's fees or costs (including expert fees) unless there is a recovery.
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