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

Nev. Rev. Stat. § 40.640 (2026)

Liability of contractor

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NRS 40.640  Liability of contractor.  In a claim to recover damages resulting from a constructional defect, a contractor is liable for the contractor’s acts or omissions or the acts or omissions of the contractor’s agents, employees or subcontractors and is not liable for any damages caused by:

      1.  The acts or omissions of a person other than the contractor or the contractor’s agent, employee or subcontractor;

      2.  The failure of a person other than the contractor or the contractor’s agent, employee or subcontractor to take reasonable action to reduce the damages or maintain the residence;

      3.  Normal wear, tear or deterioration;

      4.  Normal shrinkage, swelling, expansion or settlement; or

      5.  Any constructional defect disclosed to an owner before the owner’s purchase of the residence, if the disclosure was provided in language that is understandable and was written in underlined and boldfaced type with capital letters.

      (Added to NRS by 1995, 2540; A 1997, 2718)

     

Notes of Decisions
Cited in 10 cases, 2004–2018 · 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 6× “[5] NRS 40.640 states that a contractor is liable for any construction defects resulting from his acts or omissions or the acts or omissions of his agents, employees, or subcontractors.”
Westpark Owners' Ass'n v. Eighth Jud. Dist. Court, 167 P.3d 421 (Nev. 2007). · cites it 3× “NRS 40.640. NRS 40.615. As explained infra, the district court erred in its conclusion of law that the 108 units were not “residences” under the statute, but it correctly determined that the units were not “new.”
Terracon Consultants W., Inc. v. Mandalay Resort Grp., 206 P.3d 81 (Nev. 2009). “8 Subsequently, we addressed whether a residential property owner could assert a negligence claim in a construction defect action brought under NRS Chapter 40 when purely economic losses were at stake and determined that, notwithstanding our decision in Calloway, such a claim…”
Skender v. Brunsonbuilt Constr. & Dev. Co., 148 P.3d 710 (Nev. 2006). “First, the language of NRS 40.640, which defines the scope of a contractor’s liability, does not limit a homeowner’s recovery to defects covered by contract or warranty.”
Regent at Town Ctr. Homeowners' Ass'n. v. Oxbow Constr., LLC C/W 70296, No. 69777 (Nev. May 24, 2018). · cites it 7× “See NRS 40.640. In Oxbow Construction, LLC v.”
Regent at Town Ctr. Homeowners' Ass'n. v. Oxbow Constr., LLC C/W 70296, No. 69777 (Nev. May 24, 2018). · cites it 7× “See NRS 40.640. In Oxbow Construction, LLC v.”
Westpark Owners'ass'n v. Dist. Ct., 167 P.3d 421 (Nev. 2007). · cites it 3× “[4] NRS 40.640. [5] NRS 40.615. [6] As explained infra, the district court erred in its conclusion of law that the 108 units were not "residences" under the statute, but it correctly determined that the units were not "new.”
Skender v. Brunsonbuilt Const., 171 P.3d 745 (Nev. 2007). · cites it 10× “Skender specifically contends that NRS 40.640 does not allow for shared liability for the same constructional defect.”
High Noon at Arlington Ranch Homeowners Ass'n Vs. Dist. Ct. (d.r. Horton, Inc.), 2017 NV 66 (Nev. 2017). · cites it 2× “Horton also argues that subsequent purchasers cannot recover for construction defects under NRS 40.640(5) if the owner disclosed the defect.”
High Noon at Arlington Ranch Homeowners Ass'n Vs. Dist. Ct. (d.r. Horton, Inc.), 2017 NV 66 (Nev. 2017). “Horton also argues that subsequent purchasers cannot recover for construction defects under NRS 40.640(5) if the owner disclosed the defect.”
Nev. Rev. Stat. § 40.640(1): 1 case
Skender v. Brunsonbuilt Const., 171 P.3d 745 (Nev. 2007). “Skender specifically contends that NRS 40.640 does not allow for shared liability for the same constructional defect.”
Nev. Rev. Stat. § 40.640(5): 6 cases
Westpark Owners' Ass'n v. Eighth Jud. Dist. Court, 167 P.3d 421 (Nev. 2007). “NRS 40.640. NRS 40.615. As explained infra, the district court erred in its conclusion of law that the 108 units were not “residences” under the statute, but it correctly determined that the units were not “new.”
Regent at Town Ctr. Homeowners' Ass'n. v. Oxbow Constr., LLC C/W 70296, No. 69777 (Nev. May 24, 2018). “See NRS 40.640. In Oxbow Construction, LLC v.”
Regent at Town Ctr. Homeowners' Ass'n. v. Oxbow Constr., LLC C/W 70296, No. 69777 (Nev. May 24, 2018). “See NRS 40.640. In Oxbow Construction, LLC v.”
High Noon at Arlington Ranch Homeowners Ass'n Vs. Dist. Ct. (d.r. Horton, Inc.), 2017 NV 66 (Nev. 2017). “Horton also argues that subsequent purchasers cannot recover for construction defects under NRS 40.640(5) if the owner disclosed the defect.”
Westpark Owners'ass'n v. Dist. Ct., 167 P.3d 421 (Nev. 2007). “[4] NRS 40.640. [5] NRS 40.615. [6] As explained infra, the district court erred in its conclusion of law that the 108 units were not "residences" under the statute, but it correctly determined that the units were not "new.”
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