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

Nev. Rev. Stat. § 40.635 (2026)

Applicability; effect on other defenses

✓ current as of July 2026
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NRS 40.635  Applicability; effect on other defenses.  NRS 40.600 to 40.695, inclusive:

      1.  Apply to any claim that arises before, on or after July 1, 1995, as the result of a constructional defect, except a claim for personal injury or wrongful death, if the claim is the subject of an action commenced on or after July 1, 1995.

      2.  Prevail over any conflicting law otherwise applicable to the claim or cause of action.

      3.  Do not bar or limit any defense otherwise available, except as otherwise provided in those sections.

      4.  Do not create a new theory upon which liability may be based, except as otherwise provided in those sections.

      (Added to NRS by 1995, 2540; A 1997, 2717; 2003, 2041; 2015, 10)

Conditions and Limitations on Actions

     

Notes of Decisions
Cited in 13 cases, 2004–2017 · leading case: Olson v. Richard, 89 P.3d 31 (Nev. 2004).
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Olson v. Richard, 89 P.3d 31 (Nev. 2004). · cites it 10× “In fact, it flies in the face of the plain language of the remaining provisions of NRS 40.635. Sections 3 and 4 of the statute state just the opposite.”
Gonski v. Second Jud. Dist. Court Ex Rel. Cnty. of Washoe, 245 P.3d 1164 (Nev. 2010). · cites it 4× “NRS Chapter 40's provisions apply to "any" construction defect claims, NRS 40.635(1) (exempting personal injury and wrongful death claims from NRS Chapter 40's purview); Olson, 120 Nev.”
Skender v. Brunsonbuilt Constr. & Dev. Co., 148 P.3d 710 (Nev. 2006). · cites it 3× “10 Second, because NRS 40.635(2) states, “Chapter 40 prevails ‘over any conflicting law otherwise applicable to the claim or cause of action,’ ” we concluded that the Legislature’s adoption of NRS 40.”
Westpark Owners' Ass'n v. Eighth Jud. Dist. Court, 167 P.3d 421 (Nev. 2007). · cites it 2× “640 (setting forth liability of “contractor”), specifically provides, In a claim to recover damages resulting from a constructional defect, a contractor is liable for his acts or omissions or the acts or omissions of his agents, employees or subcontractors and is not liable for…”
D.R. Horton, Inc. v. Eighth Jud. Dist. Court, 168 P.3d 731 (Nev. 2007). “After its amendment in 2003, NRS 40.635(1) states that “NRS 40.600 to 40.”
Centerpoint Builders Gp, LLC & Centerpoint Builders, Ltd. v. Trussway, Ltd., 496 S.W.3d 33 (Tex. 2016). “”), superseded by statute on other grounds, Nev. Rev. Stat. § 40.635 , as recognized in Olson v.”
High Noon at Arlington Ranch Homeowners Ass'n Vs. Dist. Ct. (d.r. Horton, Inc.), 2017 NV 66 (Nev. 2017). · cites it 4× “See NRS 40.635(2) (stating that the provisions of "NRS 40.”
Westpark Owners'ass'n v. Dist. Ct., 167 P.3d 421 (Nev. 2007). · cites it 2× “640 (setting forth liability of "contractor"), specifically provides, In a claim to recover damages resulting from a constructional defect, a contractor is liable for his acts or omissions or the acts or omissions of his agents, employees or subcontractors and is not liable for…”
High Noon at Arlington Ranch Homeowners Ass'n Vs. Dist. Ct. (d.r. Horton, Inc.), 2017 NV 66 (Nev. 2017). · cites it 2× “Regardless of High Noon stating that the claims for relief arise under NRS Chapter 116, the district court's order analyzed High Noon's standing to assert the unit owner's claims as if the claims were construction defect claims under NRS Chapter 40.”
Dr Horton v. Dist. Ct., 168 P.3d 731 (Nev. 2007). “[25] Id. [26] Id. [27] NRS 40.655(f) provides that claimants may recover the reasonable costs they incur in the preparation of their pre-litigation notice if the defects alleged are verified.”
Lafrieda v. Black Eagle Consulting (Nev. 2014). · cites it 2× “" NRS 40.635(1). We have previously interpreted similar statutory language in the context of nonresidential construction defect statutes to include negligent misrepresentation claims.”
D.R. Horton, Inc. Vs. Dist. Ct. (arlington Ranch Homeowners Ass'n.), 2015 NV 86 (Nev. 2015). · cites it 2× “Further, NRS 40.635(3) provides that NRS Chapter 40 does not "bar or limit any defense otherwise available, except as otherwise provided in those sections.”
Show all 13 citing cases →
— Nev. Rev. Stat. § 40.635(1) — 4 cases
Gonski v. Second Jud. Dist. Court Ex Rel. Cnty. of Washoe, 245 P.3d 1164 (Nev. 2010). “NRS Chapter 40's provisions apply to "any" construction defect claims, NRS 40.635(1) (exempting personal injury and wrongful death claims from NRS Chapter 40's purview); Olson, 120 Nev.”
D.R. Horton, Inc. v. Eighth Jud. Dist. Court, 168 P.3d 731 (Nev. 2007). “After its amendment in 2003, NRS 40.635(1) states that “NRS 40.600 to 40.”
Dr Horton v. Dist. Ct., 168 P.3d 731 (Nev. 2007). “[25] Id. [26] Id. [27] NRS 40.655(f) provides that claimants may recover the reasonable costs they incur in the preparation of their pre-litigation notice if the defects alleged are verified.”
Lafrieda v. Black Eagle Consulting (Nev. 2014). “" NRS 40.635(1). We have previously interpreted similar statutory language in the context of nonresidential construction defect statutes to include negligent misrepresentation claims.”
— Nev. Rev. Stat. § 40.635(2) — 7 cases
Olson v. Richard, 89 P.3d 31 (Nev. 2004). “In fact, it flies in the face of the plain language of the remaining provisions of NRS 40.635. Sections 3 and 4 of the statute state just the opposite.”
Skender v. Brunsonbuilt Constr. & Dev. Co., 148 P.3d 710 (Nev. 2006). “10 Second, because NRS 40.635(2) states, “Chapter 40 prevails ‘over any conflicting law otherwise applicable to the claim or cause of action,’ ” we concluded that the Legislature’s adoption of NRS 40.”
Gonski v. Second Jud. Dist. Court Ex Rel. Cnty. of Washoe, 245 P.3d 1164 (Nev. 2010). “NRS Chapter 40's provisions apply to "any" construction defect claims, NRS 40.635(1) (exempting personal injury and wrongful death claims from NRS Chapter 40's purview); Olson, 120 Nev.”
Westpark Owners' Ass'n v. Eighth Jud. Dist. Court, 167 P.3d 421 (Nev. 2007). “640 (setting forth liability of “contractor”), specifically provides, In a claim to recover damages resulting from a constructional defect, a contractor is liable for his acts or omissions or the acts or omissions of his agents, employees or subcontractors and is not liable for…”
High Noon at Arlington Ranch Homeowners Ass'n Vs. Dist. Ct. (d.r. Horton, Inc.), 2017 NV 66 (Nev. 2017). “See NRS 40.635(2) (stating that the provisions of "NRS 40.”
— Nev. Rev. Stat. § 40.635(3) — 2 cases
D.R. Horton, Inc. Vs. Dist. Ct. (arlington Ranch Homeowners Ass'n.), 2015 NV 86 (Nev. 2015). “Further, NRS 40.635(3) provides that NRS Chapter 40 does not "bar or limit any defense otherwise available, except as otherwise provided in those sections.”
D.R. Horton, Inc. Vs. Dist. Ct. (arlington Ranch Homeowners Ass'n.), 2015 NV 86 (Nev. 2015).
— Nev. Rev. Stat. § 40.635(4) — 2 cases
Westpark Owners' Ass'n v. Eighth Jud. Dist. Court, 167 P.3d 421 (Nev. 2007). “640 (setting forth liability of “contractor”), specifically provides, In a claim to recover damages resulting from a constructional defect, a contractor is liable for his acts or omissions or the acts or omissions of his agents, employees or subcontractors and is not liable for…”
Westpark Owners'ass'n v. Dist. Ct., 167 P.3d 421 (Nev. 2007). “640 (setting forth liability of "contractor"), specifically provides, In a claim to recover damages resulting from a constructional defect, a contractor is liable for his acts or omissions or the acts or omissions of his agents, employees or subcontractors and is not liable for…”
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