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 experts 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 claimants attorneys fees, fees for an expert witness or costs; and (b) Award attorneys fees and costs to the contractor.
‹ 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.