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

Nev. Rev. Stat. § 40.647 (2026)

Claimant required to allow inspection of and reasonable opportunity to repair defect; claimant or claimant’s expert required to be present at inspection; effect of noncompliance

✓ current as of July 2026
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NRS 40.647  Claimant required to allow inspection of and reasonable opportunity to repair defect; claimant or claimant’s expert required to be present at inspection; effect of noncompliance.

      1.  After notice of a constructional defect is given pursuant to NRS 40.645, before a claimant may commence an action or amend a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant must:

      (a) Allow an inspection of the alleged constructional defect to be conducted pursuant to NRS 40.6462;

      (b) Be present or have a representative of the claimant present at an inspection conducted pursuant to NRS 40.6462 and, to the extent possible, reasonably identify the proximate locations of the defects, damages or injuries specified in the notice; and

      (c) Allow the contractor, subcontractor, supplier or design professional a reasonable opportunity to repair the constructional defect or cause the defect to be repaired if an election to repair is made pursuant to NRS 40.6472.

      2.  If a claimant commences an action without complying with subsection 1 or NRS 40.645, the court shall:

      (a) Dismiss the action without prejudice and compel the claimant to comply with those provisions before filing another action; or

      (b) If dismissal of the action would prevent the claimant from filing another action because the action would be procedurally barred by the statute of limitations or statute of repose, the court shall stay the proceeding pending compliance with those provisions by the claimant.

      (Added to NRS by 2003, 2039; A 2015, 13; 2019, 2260)

     

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 2007–2021 · leading case: D.R. Horton, Inc. v. Eighth Jud. Dist. Court, 168 P.3d 731 (Nev. 2007).
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D.R. Horton, Inc. v. Eighth Jud. Dist. Court, 168 P.3d 731 (Nev. 2007). · cites it 3× “Horton further argues that the inadequacy of First Light’s notice frustrates its opportunity to repair under NRS 40.647. In its answer, First Light contends that its notice is sufficient and that D.”
Waterfall Homeowners Ass'n v. Viega, Inc., 283 F.R.D. 571 (D. Nev. 2012). · cites it 7× “647(1), a court must dismiss the case without prejudice and compel the plaintiff to file such a notice before filing another action. See Nev.Rev.”
Westpark Owners' Ass'n v. Eighth Jud. Dist. Court, 167 P.3d 421 (Nev. 2007). “645 (notice requirements); NRS 40.647 (opportunity to inspect and repair the alleged defect); NRS 40.”
ANSE, Inc. v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 192 P.3d 738 (Nev. 2008). “645; NRS 40.647; NRS 40.655; D.R. Horton v. Dist.”
Cincinnati Ins. v. AMSCO Windows, 921 F. Supp. 2d 1226 (D. Utah 2013). “See Nev. Rev. Stat § 40.647 ("If a claimant commences an action without” meeting Chapter 40's procedural requirements, the "the court shall dismiss the action.”
Byrne Vs. Sunridge Builders, Inc., 2020 NV 69 (Nev. 2020). · cites it 6× “See NRS 40.647(1). If a claimant fails to comply with the prelitigation process before filing his or her lawsuit, the court must dismiss the action without prejudice.”
D.R. Horton, Inc. Vs. Dist. Ct. (arlington Ranch Homeowners Ass'n.), 2015 NV 86 (Nev. 2015). · cites it 22× “645; NRS 40.647. D.R. Horton also argues ...continued D.”
D.R. Horton, Inc. Vs. Dist. Ct. (arlington Ranch Homeowners Ass'n.), 2015 NV 86 (Nev. 2015). · cites it 11× “645; NRS 40.647. D.R. Horton also argues ...continued D.”
Barrett v. Eighth Jud. Dist. Ct., 2014 NV 65 (Nev. 2014). · cites it 10× “646; NRS 40.647. A claimant "may" give notice to a subcontractor, supplier, or design professional, if the contractor is unavailable, but the claimant is not required to do so.”
D.R. Horton, Inc. v. Eighth Jud. Dist. Ct, 2015 NV 86 (Nev. 2015). · cites it 10× “645; NRS 40.647. D.R. Horton also argues ...continued D.”
D.R. Horton, Inc. Vs. Dist. Ct. (arlington Ranch Homeowners Ass'n.), 2015 NV 86 (Nev. 2015). · cites it 10× “645; NRS 40.647. D.R. Horton also argues ...continued D.”
D.R. Horton, Inc. Vs. Dist. Ct. (arlington Ranch Homeowners Ass'n.), 2015 NV 86 (Nev. 2015). · cites it 10× “645; NRS 40.647. D.R. Horton also argues ...continued D.”
Show all 21 citing cases →
— Nev. Rev. Stat. § 40.647(1) — 5 cases
D.R. Horton, Inc. v. Eighth Jud. Dist. Court, 168 P.3d 731 (Nev. 2007). “Horton further argues that the inadequacy of First Light’s notice frustrates its opportunity to repair under NRS 40.647. In its answer, First Light contends that its notice is sufficient and that D.”
Waterfall Homeowners Ass'n v. Viega, Inc., 283 F.R.D. 571 (D. Nev. 2012). “647(1), a court must dismiss the case without prejudice and compel the plaintiff to file such a notice before filing another action. See Nev.Rev.”
Byrne Vs. Sunridge Builders, Inc., 2020 NV 69 (Nev. 2020). “See NRS 40.647(1). If a claimant fails to comply with the prelitigation process before filing his or her lawsuit, the court must dismiss the action without prejudice.”
Dr Horton v. Dist. Ct., 168 P.3d 731 (Nev. 2007).
Barrett v. Eighth Jud. Dist. Ct., 2014 NV 65 (Nev. 2014). “646; NRS 40.647. A claimant "may" give notice to a subcontractor, supplier, or design professional, if the contractor is unavailable, but the claimant is not required to do so.”
— Nev. Rev. Stat. § 40.647(2) — 3 cases
D.R. Horton, Inc. v. Eighth Jud. Dist. Court, 168 P.3d 731 (Nev. 2007). “Horton further argues that the inadequacy of First Light’s notice frustrates its opportunity to repair under NRS 40.647. In its answer, First Light contends that its notice is sufficient and that D.”
Barrett v. Eighth Jud. Dist. Ct., 2014 NV 65 (Nev. 2014). “646; NRS 40.647. A claimant "may" give notice to a subcontractor, supplier, or design professional, if the contractor is unavailable, but the claimant is not required to do so.”
Dr Horton v. Dist. Ct., 168 P.3d 731 (Nev. 2007).
— Nev. Rev. Stat. § 40.647(2)(a) — 2 cases
Waterfall Homeowners Ass'n v. Viega, Inc., 283 F.R.D. 571 (D. Nev. 2012). “647(1), a court must dismiss the case without prejudice and compel the plaintiff to file such a notice before filing another action. See Nev.Rev.”
Byrne Vs. Sunridge Builders, Inc., 2020 NV 69 (Nev. 2020). “See NRS 40.647(1). If a claimant fails to comply with the prelitigation process before filing his or her lawsuit, the court must dismiss the action without prejudice.”
— Nev. Rev. Stat. § 40.647(2)(b) — 10 cases
Waterfall Homeowners Ass'n v. Viega, Inc., 283 F.R.D. 571 (D. Nev. 2012). “647(1), a court must dismiss the case without prejudice and compel the plaintiff to file such a notice before filing another action. See Nev.Rev.”
D.R. Horton, Inc. Vs. Dist. Ct. (arlington Ranch Homeowners Ass'n.), 2015 NV 86 (Nev. 2015). “645; NRS 40.647. D.R. Horton also argues ...continued D.”
Byrne Vs. Sunridge Builders, Inc., 2020 NV 69 (Nev. 2020). “See NRS 40.647(1). If a claimant fails to comply with the prelitigation process before filing his or her lawsuit, the court must dismiss the action without prejudice.”
D.R. Horton, Inc. Vs. Dist. Ct. (arlington Ranch Homeowners Ass'n.), 2015 NV 86 (Nev. 2015). “645; NRS 40.647. D.R. Horton also argues ...continued D.”
D.R. Horton, Inc. v. Eighth Jud. Dist. Ct, 2015 NV 86 (Nev. 2015). “645; NRS 40.647. D.R. Horton also argues ...continued D.”
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