1. Except as otherwise provided in subsection 2, not later than 30 days after the date on which a contractor receives notice of a constructional defect pursuant to NRS 40.645, the contractor shall forward a copy of the notice by certified mail, return receipt requested, to the last known address of each subcontractor, supplier or design professional whom the contractor reasonably believes is responsible for a defect specified in the notice.
2. If a contractor does not provide notice as required pursuant to subsection 1, the contractor may not commence an action against the subcontractor, supplier or design professional related to the constructional defect unless the contractor demonstrates that, after making a good faith effort, the contractor was unable to identify the subcontractor, supplier or design professional whom the contractor believes is responsible for the defect within the time provided pursuant to subsection 1.
3. Not later than 30 days after receiving notice from the contractor pursuant to this section, the subcontractor, supplier or design professional shall inspect the alleged constructional defect in accordance with NRS 40.6462 and provide the contractor with a written statement indicating:
(a) Whether the subcontractor, supplier or design professional has elected to repair the defect for which the contractor believes the subcontractor, supplier or design professional is responsible; and
(b) If the subcontractor, supplier or design professional elects to repair the defect, an estimate of the length of time required for the repair, and at least two proposed dates on and times at which the subcontractor, supplier or design professional is able to begin making the repair.
4. If a subcontractor, supplier or design professional elects to repair the constructional defect, the contractor or claimant may hold the subcontractor liable for any repair which does not eliminate the defect.
(Added to NRS by 2003, 2035; A 2015, 11)
Structure Nevada Revised Statutes
Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property
NRS 40.002 - "Federal worker" defined.
NRS 40.0025 - "Household member" defined.
NRS 40.003 - "Qualified Indian tribe" defined.
NRS 40.0035 - "Shutdown" defined.
NRS 40.004 - "State worker" defined.
NRS 40.0045 - "Tribal worker" defined.
NRS 40.005 - Zoning requirements to be considered by court.
NRS 40.010 - Actions may be brought against adverse claimants.
NRS 40.020 - Plaintiff not entitled to costs on default judgment or disclaimer.
NRS 40.040 - Value of permanent improvements to be allowed as setoff.
NRS 40.050 - Mortgage not deemed conveyance.
NRS 40.060 - Court may enjoin injury to property during foreclosure.
NRS 40.070 - Damages may be recovered for injury to possession after sale and before delivery.
NRS 40.080 - Action not to be prejudiced by alienation pending suit.
NRS 40.110 - Court to hear case; must not enter judgment by default; effect of final judgment.
NRS 40.120 - Remedy is cumulative.
NRS 40.130 - Adverse action on mining claim.
NRS 40.140 - Nuisance defined; action for abatement and damages; exceptions.
NRS 40.150 - Action for waste; judgment may be for treble damages.
NRS 40.160 - Action for trespass for cutting or carrying away trees or wood; treble damages.
NRS 40.180 - Manner of working mine or mining claim; assessment of damages.
NRS 40.190 - Continuation of judgment lien.
NRS 40.220 - Entry to be made only when legal and in peaceable manner.
NRS 40.250 - Unlawful detainer: Possession after expiration of term.
NRS 40.2512 - Unlawful detainer: Possession after default in payment of rent; exception.
NRS 40.260 - Tenant of agricultural lands may hold over if not notified.
NRS 40.270 - Tenant has similar remedies against subtenant.
NRS 40.290 - Parties defendant; persons bound by judgment.
NRS 40.310 - Issue of fact to be tried by jury if proper demand made.
NRS 40.320 - Proof required of plaintiff and defendant on trial.
NRS 40.330 - Amendment of complaint to conform to proof; continuance.
NRS 40.350 - Trial not to be adjourned when plaintiff admits evidence in affidavit would be given.
NRS 40.360 - Judgment; damages; execution and enforcement.
NRS 40.370 - Verification of complaint and answer.
NRS 40.380 - Provisions governing appeals.
NRS 40.390 - Appellate court not to dismiss or quash proceedings for want of form.
NRS 40.400 - Rules of practice.
NRS 40.420 - Form of writ of restitution; execution.
NRS 40.425 - Notice of execution on writ of restitution.
NRS 40.427 - "Foreclosure sale" defined.
NRS 40.428 - Mortgage or other lien" defined.
NRS 40.429 - Sale in lieu of a foreclosure sale" defined.
NRS 40.439 - Limitations on foreclosure sales involving certain members of military or dependents.
NRS 40.4395 - Limitations on foreclosure sales involving shutdown.
NRS 40.440 - Disposition of proceeds of foreclosure sale.
NRS 40.450 - Proceedings when debt secured falls due at different times.
NRS 40.451 - "Indebtedness" defined.
NRS 40.457 - Hearing before award of deficiency judgment; appraisal of property sold.
NRS 40.459 - Limitations on amount of money judgment.
NRS 40.462 - Distribution of proceeds of foreclosure sale.
NRS 40.4636 - Limitations on amount of money judgment.
NRS 40.4638 - Circumstances under which action to enforce obligation is prohibited.
NRS 40.4639 - Period of limitation on commencement of civil action.
NRS 40.465 - "Indebtedness" defined.
NRS 40.485 - Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness.
NRS 40.502 - "Environmental provision" defined.
NRS 40.503 - "Environmentally impaired" defined.
NRS 40.504 - "Hazardous substance" defined.
NRS 40.505 - "Release" defined.
NRS 40.506 - "Secured lender" defined.
NRS 40.507 - Right of entry and inspection of real collateral.
NRS 40.508 - Action by secured lender concerning environmental provision.
NRS 40.511 - Exceptions to applicability of NRS 40.507 and 40.508.
NRS 40.515 - Petition, notice, hearing and order; alternative method of terminating interest.
NRS 40.525 - Petition; notice; hearing and order; alternative method.
NRS 40.535 - Affidavit or petition may be filed in probate proceeding.
NRS 40.603 - "Amend a complaint to add a cause of action for a constructional defect" defined.
NRS 40.605 - "Appurtenance" defined.
NRS 40.607 - "Builder’s warranty" defined.
NRS 40.610 - "Claimant" defined.
NRS 40.615 - "Constructional defect" defined.
NRS 40.620 - "Contractor" defined.
NRS 40.623 - "Design professional" defined.
NRS 40.630 - "Residence" defined.
NRS 40.632 - "Subcontractor" defined.
NRS 40.634 - "Supplier" defined.
NRS 40.635 - Applicability; effect on other defenses.
NRS 40.640 - Liability of contractor.
NRS 40.649 - Notice of defect may be presented to insurer; duties of insurer.
NRS 40.652 - Offer of judgment.
NRS 40.655 - Limitation on recovery.
NRS 40.660 - Nonacceptance of offer of settlement deemed rejection.
NRS 40.665 - Settlement by repurchase; certain offers of settlement deemed reasonable.
NRS 40.675 - Inspection of repairs.
NRS 40.681 - Premediation discovery.
NRS 40.684 - Duties of insurer with respect to settlement conference.
NRS 40.6882 - Complainant" defined.
NRS 40.6885 - Effect of compliance with or failure to comply with NRS 40.6884.
NRS 40.692 - Notice not required to be given to intervener in action.
NRS 40.695 - Tolling of statutes of limitation or repose; applicability.