Nev. Rev. Stat. § 40.667
This is the official text of Nev. Rev. Stat. § 40.667, part of Nevada’s Rev. Stat — part of the compiled statutory law of Nevada, published by the state as "Rev. Stat." Browse the sections below, each linked to its official government source.
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Effect of written waiver or settlement agreement when contractor fails to correct or repair defect properly; conditions to bringing action; effect of failure to prevail in action
Official statutory text
1. Except as otherwise provided in subsection 2, a written waiver or settlement agreement executed by a claimant after a contractor has corrected or otherwise repaired a constructional defect does not bar a claim for the constructional defect if it is determined that the contractor failed to correct or repair the defect properly.
2. The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1, unless: (a) The claimant has obtained the opinion of an expert concerning the constructional defect; (b) The claimant has provided the contractor with a written notice of the defect pursuant to NRS 40.645 and a copy of the expert's opinion; and (c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in NRS 40.600 to 40.695 , inclusive.
3. The provisions of this section do not apply to repairs which are made pursuant to an election to repair pursuant to NRS 40.6472 .
4. If a claimant does not prevail in any action which is not barred pursuant to this section, the court may: (a) Deny the claimant's attorney's fees, fees for an expert witness or costs; and (b) Award attorney's fees and costs to the contractor.
2. The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1, unless: (a) The claimant has obtained the opinion of an expert concerning the constructional defect; (b) The claimant has provided the contractor with a written notice of the defect pursuant to NRS 40.645 and a copy of the expert's opinion; and (c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in NRS 40.600 to 40.695 , inclusive.
3. The provisions of this section do not apply to repairs which are made pursuant to an election to repair pursuant to NRS 40.6472 .
4. If a claimant does not prevail in any action which is not barred pursuant to this section, the court may: (a) Deny the claimant's attorney's fees, fees for an expert witness or costs; and (b) Award attorney's fees and costs to the contractor.
Status: in_force · Read it on the official government site
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