Las Vegas Renovation or Remodeling Defect Attorney
So, you’re finally getting to update the kitchen or maybe you’re adding the bonus room over the garage. Whether you’re renovating an existing space or creating a whole new one, you’ll likely need to rely on the services of others to complete your project.
The contractor and design professionals that you hire will likely promise to deliver your project at a certain standard of performance and you’re entitled to receive a completed project that meets your expectations and is free of defects.
However, did you know that renovation and remodeling projects can have many of the same defects as new construction? There are also additional risks of defects occurring when trying to blend new components with existing structures. Sometimes old defects are discovered as changes are being made and there’s damage that needs to be repaired before your project can proceed.
Construction Defect Law in Nevada
In Nevada, an actionable construction defect in your renovation or remodel means that you have a defect in the “design, construction, manufacture, repair or landscaping’ of an alteration of or addition to an existing residence.”
Any defect must:
- Present an unreasonable risk of injury to persons or property
- Or have caused property damage as a result of faulty workmanship
There are two types of construction defects that may be discovered.
- Patent defects – defects that you discover easily because they are obvious
- Latent defects – defects that are concealed from discovery, sometimes for long periods
Any construction defect claim must be made within 10 years after “substantial completion” of the work that was performed. The date of substantial completion is the latest date that any of the following occur:
- Final building inspection
- Notice of completion is recorded
- Certificate of occupancy is issued
Who Is Responsible For An Old Defect Found During Renovation Or Remodel?
What happens if your contractor has begun to remove walls in preparation for the new changes and discovers a defect that was unknown to anyone but has caused considerable damage that will need to be repaired?
To know if you can make a claim for damage from a latent defect, you’ll need to know who is responsible for the work and when it was substantially completed. The contractor in charge of the construction is only liable for any defect for 10 years after completion of the work.
If you learn that the construction was completed within the 10-year window, you may make a claim against the contractor for the property damage.
How To Make A Claim For A Renovation Or Remodeling Defect
When a homeowner in Nevada discovers a construction defect in a home renovation or remodel, there are specific procedures that must be followed. The law encourages homeowners and contractors to try and resolve any issues between themselves before ending up in court. Construction defect laws in Nevada are found in Chapter 40 of the Nevada Revised Statutes (NRS) which sets out the responsibilities of the claimant and the contractor.
- Claimant must provide written notice to the contractor describing the defect and the damage
- Contractor must be allowed to inspect the defect and damage and given an opportunity to repair the damage
- Contractor must reply to the claimant within 90 days and either propose a settlement that includes plans to repair the damage or deny responsibility for the defect and damage
If the parties cannot agree then they must submit their differences to mediation – unless the contractor waives that right – before a lawsuit may be filed.
Damages That Can Be Recovered For A Renovation Or Remodeling Defect
The amounts that can be recovered for the damage caused by a construction defect under Chapter 40 relate to the repair of the property damage and the inconvenience to the homeowner. If the defect also caused personal injury the damages for personal injury would be a separate claim and outside the scope of Chapter 40.
A claimant may recover the following damages for a construction defect:
- Reasonable cost of repairs and temporary housing during repairs
- Reduction in market value of the home due to structural failure
- Loss of use of any part of the residence
- Reasonable value of other property damaged by the defect
- Other reasonable costs incurred to evaluate the defect and determine corrective measures
Sometimes, even though a contractor has agreed to pay a claimant for the damage caused by a construction defect, the homeowner is not able to collect the money from the contractor. The Nevada State Contractors Board (NSCB) has a fund that contractors must pay into for the benefit of homeowners who are harmed by contractors who don’t adequately perform their services.
Homeowners may make a claim to the NSCB for recovery from the Residential Recovery Fund. Claims must be brought within 4 years after completion of the work or within 2 years of obtaining a judgment from a Nevada court. A hearing is scheduled before the NSCB and the decision rendered by the board is final and not subject to review. Payment on a single claim is limited to $40,000.
Contact A Renovation Or Remodeling Defect Attorney At Paul Padda Law
At Paul Padda Law, our attorneys have significant experience handling renovation and remodeling defect cases. These are often complicated cases requiring the selection of appropriate experts that can help make a strong case in your favor. If you’re looking for outstanding legal representation, you need to call us today at (702) 366-1888 or get in touch with us through this website.