Nevada Revised Statutes

Nev. Rev. Stat. § 40.646 (2026)

Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair

✓ current as of July 2026

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NRS 40.646 Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair.

1. Except as otherwise provided in subsection 2, not later than 30 days after the date on which a contractor receives notice of a constructional defect pursuant to NRS 40.645, the contractor shall forward a copy of the notice by certified mail, return receipt requested, to the last known address of each subcontractor, supplier or design professional whom the contractor reasonably believes is responsible for a defect specified in the notice.

2. If a contractor does not provide notice as required pursuant to subsection 1, the contractor may not commence an action against the subcontractor, supplier or design professional related to the constructional defect unless the contractor demonstrates that, after making a good faith effort, the contractor was unable to identify the subcontractor, supplier or design professional whom the contractor believes is responsible for the defect within the time provided pursuant to subsection 1.

3. Not later than 30 days after receiving notice from the contractor pursuant to this section, the subcontractor, supplier or design professional shall inspect the alleged constructional defect in accordance with NRS 40.6462 and provide the contractor with a written statement indicating:

(a) Whether the subcontractor, supplier or design professional has elected to repair the defect for which the contractor believes the subcontractor, supplier or design professional is responsible; and

(b) If the subcontractor, supplier or design professional elects to repair the defect, an estimate of the length of time required for the repair, and at least two proposed dates on and times at which the subcontractor, supplier or design professional is able to begin making the repair.

4. If a subcontractor, supplier or design professional elects to repair the constructional defect, the contractor or claimant may hold the subcontractor liable for any repair which does not eliminate the defect.

(Added to NRS by 2003, 2035; A 2015, 11)

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2005–2022 · leading case: Shuette v. Beazer Homes Holdings Corp., 124 P.3d 530 (Nev. 2005).

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Shuette v. Beazer Homes Holdings Corp., 124 P.3d 530 (Nev. 2005). “6452 (governing actions concerning common constructional defects within a single development); NRS 40.646 (governing responsibilities for defects allegedly caused or contributed to by subcontractors, suppliers, or design professionals); NRS 40.”

Cincinnati Ins. v. AMSCO Windows, 921 F. Supp. 2d 1226 (D. Utah 2013). “” Nev.Rev. Stat. § 40.646. AMSCO received Chapter 40 notices for each of the Homeowner Claims at issue in this case.”

Pulver v. Kane (D. Nev. 2022). · cites it 10× “” NRS § 40.646 then requires that 12 “not later than 30 days after .”

Barrett v. Eighth Jud. Dist. Ct., 2014 NV 65 (Nev. 2014). · cites it 6× “645, NRS 40.646, NRS 40.647(2), NRS 40.690, and the overall purpose of the notice requirement underlying these statutes This court reviews issues of statutory construction de novo, even in the context of a writ petition.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.