Nevada Code § 40.646

Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair
Open in Lexace · Ask the AI about this section
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.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.