A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Nevada, construction defects are addressed under Nevada Revised Statutes (NRS) Chapter 40, commonly referred to as the 'Nevada Residential Construction Defect Law' or 'Chapter 40.' This law defines a construction defect as a flaw in the design, manufacture, construction, or landscaping of a new residence, caused by a failure to construct the residence in a workmanlike manner and which causes damage to the residence, or the failure of the residence to be constructed in accordance with applicable codes. The law requires homeowners to provide notice to the contractor before filing a lawsuit and allows for the contractor to repair the defect. Additionally, the law sets forth the statute of limitations and repose periods for construction defect claims. Homeowners may be entitled to recover the costs of repairs, the reduction in property value, reasonable attorney's fees, and other damages. It is important for homeowners and contractors to understand their rights and obligations under this law when dealing with construction defects in Nevada.