Constuction Defect Attorney| Northern and Southern Nevada

What is a Construction Defect? Do you assume your HOA will take care of construction defect issues? Think again.

construction defect questions

Q. Won’t the homeowners association take care of any construction problems existing within my single family home?
A. No. In Nevada, a homeowners association cannot initiate a legal action for a construction defect issues within a single-family home.

Q. If construction defects exist within my single-family home wouldn’t my HOA let me know?
A. Not necessarily. Although some HOAs take action to advise homeowners within their community of problems, many do not communicate with owners about such issues.

Q. What is a Construction Defect?
A. It is a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance, which include a failure to meet code requirements, a failure to complete the construction in a workmanlike manner in accordance with the generally accepted standard of care in the industry, or which presents an unreasonable risk of injury to a person or property. The complete definition of construction defect is codified under NRS 40.615.

Q. How can I determine whether construction defects exist in my home?
A. If you or your neighbor has experienced problems with your homes that lead you to be concerned that construction defects may exist in your home you may contact our office and request that our team of experts examine your home. Our team of experts includes roofers, electrical engineers, structural engineers, architects, soils engineers and civil engineers. They will inspect your property to determine what, if anything, is wrong and how it can be repaired.

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Q. It seems like all of my neighbors are complaining about problems in their homes. I haven’t experienced any in mine, but I’m concerned that I may experience the same problems in the future. Should I have my home inspected for defects?
A. If you believe you may have the same problems in your home that your neighbors have and you wait too long to investigate the time may run out to make a claim against the real party responsible, your developer. That would leave you stuck with the bill for your developer’s shoddy construction practices.

Q. Is there a limitation on when a homeowner/association must make a claim against its developer for construction defects?
A. Yes. Homeowners/associations construction defect claims may be barred by Statutes of Limitation/Repose.

Q. My developer is bankrupt or no longer exists; may I still recover for construction defects?
A. The developer’s insurance company will usually provide coverage even after the development corporation has dissolved and a bankruptcy may be able to be set aside. Also, reimbursement may be sought from the subcontractors who worked on the property.

Q. Can I sell or refinance my home during construction defect litigation?
A. Yes. However, there are certain disclosures you must make prior to selling your home (NRS 40.688 states the required disclosures, which must also be made after the litigation has concluded) and some lenders have policies against lending to homes in litigation while others do not.

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