Nev. Rev. Stat. » NRS: CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY

Nev. Rev. Stat. § 40.615

“Constructional defect” defined

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NRS 40.615  “Constructional defect” defined.  “Constructional defect” means 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 and includes, without limitation, 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:

      1.  Which presents an unreasonable risk of injury to a person or property; or

      2.  Which is not completed in a good and workmanlike manner and proximately causes physical damage to the residence, an appurtenance or the real property to which the residence or appurtenance is affixed.

      (Added to NRS by 1995, 2539; A 2003, 2041; 2015, 9)

     

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2005–2022 · leading case: Westpark Owners' Ass'n v. Eighth Judicial District Court
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Westpark Owners' Ass'n v. Eighth Judicial District Court (2007) nev · cites it 17× “630 and be either “new” or include newly completed improvements under NRS 40.615. Because title to the condominium units constructed by Westpark transferred to individual purchasers at the time of sale, we conclude that the 108 units clearly qualified as “residences” under the…”
ANSE, Inc. v. Eighth Judicial District Court Ex Rel. County of Clark (2008) nev · cites it 18× “Petitioners moved the district court for partial summary judgment with respect to approximately 700 of those residences, arguing that they did not constitute “new residences” for constructional defect purposes under NRS 40.615, which limits NRS Chapter 40 “constructional defect”…”
Pankopf v. Peterson (2008) nev · cites it 7× “In its order, the district court ultimately granted Peterson’s motion, concluding that because NRS 40.615 defines a constructional defect as a “defect in the design .”
Shuette v. Beazer Homes Holdings Corp. (2005) nev · cites it 2× “81 See NRS 40.615 (defining “constructional defect”).”
WESTPARK OWNERS'ASS'N v. Dist. Ct. (2007) nev · cites it 17× “630 and be either "new" or include newly completed improvements under NRS 40.615. Because title to the condominium units constructed by Westpark transferred to individual purchasers at the time of sale, we conclude that the 108 units clearly qualified as "residences" under the…”
Oxbow Constr. v. Eighth Jud. Dist. Ct. (2014) nev · cites it 18× “NRS 40.615 limits NRS Chapter 40 construction-defect remedies for residences to defects in "new residence[s]" or in alterations or additions to existing residences.”
1059 Lakeshore Boulevard LLC v. Pulver (2021) nvd · cites it 6× “9 10 NRS § 40.615. Notably, the statute includes both defects which pose an “unreasonable 11 risk” of harm to either person or property, as well as damage that has already occurred.”
HIGH NOON AT ARLINGTON RANCH HOMEOWNERS ASS'N VS. DIST. CT. (D.R. HORTON, INC.) (2017) nev · cites it 4× “Under NRS 40.615, "[c] onstructional defect" is defined as 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 and includes, without limitation, the design,…”
HIGH NOON AT ARLINGTON RANCH HOMEOWNERS ASS'N VS. DIST. CT. (D.R. HORTON, INC.) (2017) nev · cites it 2× “Under NRS 40.615, "[c] onstructional defect" is defined as 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 and includes, without limitation, the design,…”
Safeco Insurance Company Of America v. Air Vent, Inc. (2022) nvd · cites it 2× “” Nev. Rev. Stat. § 40.615 . 11 ECF No. 62 at 7–8.”
Pulver v. Kane (2022) nvd · cites it 2× “17 18 NRS § 40.615. “It is well established that when the statute’s language is plain, the sole 19 function of the courts—at least where the disposition required by the text is not absurd— 20 is to enforce it according to its terms.”
Skender v. Brunsonbuilt Const. (2007) nev “3d at 535-37 ; NRS 40.615 (defining "constructional defect").”
— Nev. Rev. Stat. § 40.615(1) — 1 case
1059 Lakeshore Boulevard LLC v. Pulver (2021) nvd “9 10 NRS § 40.615. Notably, the statute includes both defects which pose an “unreasonable 11 risk” of harm to either person or property, as well as damage that has already occurred.”
— Nev. Rev. Stat. § 40.615(3) — 2 cases
HIGH NOON AT ARLINGTON RANCH HOMEOWNERS ASS'N VS. DIST. CT. (D.R. HORTON, INC.) (2017) nev “Under NRS 40.615, "[c] onstructional defect" is defined as 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 and includes, without limitation, the design,…”
HIGH NOON AT ARLINGTON RANCH HOMEOWNERS ASS'N VS. DIST. CT. (D.R. HORTON, INC.) (2017) nev “Under NRS 40.615, "[c] onstructional defect" is defined as 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 and includes, without limitation, the design,…”
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