§ 40.667 — 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

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.

Legislative History

(Added to NRS by 1995, 2544 ; A 1997, 2723 ; 1999, 1442 ; 2003, 2046 )