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

Nev. Rev. Stat. § 40.650 (2026)

Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty

✓ current as of July 2026
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NRS 40.650  Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty.

      1.  If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response pursuant to paragraph (b) of subsection 2 of NRS 40.6472 and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, the court in which the action is commenced may:

      (a) Deny the claimant’s attorney’s fees and costs; and

      (b) Award attorney’s fees and costs to the contractor.

Ê Any sums paid under a builder’s warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.

      2.  If a contractor, subcontractor, supplier or design professional fails to:

      (a) Comply with the provisions of NRS 40.6472;

      (b) Make an offer of settlement;

      (c) Make a good faith response to the claim asserting no liability;

      (d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680; or

      (e) Participate in mediation,

Ê the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive, do not apply and the claimant may commence an action or amend a complaint to add a cause of action for a constructional defect without satisfying any other requirement of NRS 40.600 to 40.695, inclusive.

      3.  If a residence or appurtenance that is the subject of the claim is covered by a builder’s warranty, a claimant shall diligently pursue a claim under the builder’s warranty.

      4.  Nothing in this section prohibits an offer of judgment pursuant to Rule 68 of the Nevada Rules of Civil Procedure or NRS 17.117 or 40.652.

      (Added to NRS by 1995, 2541; A 1997, 2719; 1999, 1442; 2003, 2044; 2015, 15, 2565; 2019, 275, 2260)

     

Notes of Decisions
Cited in 6 cases, 2005–2016 · leading case: Albios v. Horizon Communities, Inc., 132 P.3d 1022 (Nev. 2006).
Sort: Relevance Newest Treatment
Albios v. Horizon Communities, Inc., 132 P.3d 1022 (Nev. 2006). · cites it 3× “Except as otherwise provided in NRS 40.650, in a claim governed by NRS 40.”
Shuette v. Beazer Homes Holdings Corp., 124 P.3d 530 (Nev. 2005). “, NRS 40.650; NRS 40.665. 55 NRS 40.655(1).”
Skender v. Brunsonbuilt Constr. & Dev. Co., 148 P.3d 710 (Nev. 2006). “695, inclusive, the claimant may recover only the following damages to the extent proximately caused by a constructional defect: *1436 (a) Any reasonable attorney’s fees; (b) The reasonable cost of any repairs already made that were necessary and of any repairs yet to be made…”
Garmong v. Rogney & Sons Constr. (Nev. 2016). · cites it 2× “Appellant next contends that respondents were not entitled to appellate attorney fees because their offers of judgment were less than a $34,000 repair estimate that appellant had obtained when the offers were made, which, according to appellant, made those offers "prohibited"…”
Gunderson v. D.R. Horton, Inc., 2014 NV 9 (Nev. 2014). “Conversely, the homeowners contend that they are entitled to costs pursuant to NRS 40.650. In response, D.R. Horton argues that it is entitled to costs and attorney fees under NRCP 68 and NRS 17.”
Gunderson v. D.R. Horton, Inc., 2014 NV 9 (Nev. 2014). “Conversely, the homeowners contend that they are entitled to costs pursuant to NRS 40.650. In response, D.R. Horton argues that it is entitled to costs and attorney fees under NRCP 68 and NRS 17.”
— Nev. Rev. Stat. § 40.650(1) — 1 case
Albios v. Horizon Communities, Inc., 132 P.3d 1022 (Nev. 2006). “Except as otherwise provided in NRS 40.650, in a claim governed by NRS 40.”
— Nev. Rev. Stat. § 40.650(4) — 2 cases
Albios v. Horizon Communities, Inc., 132 P.3d 1022 (Nev. 2006). “Except as otherwise provided in NRS 40.650, in a claim governed by NRS 40.”
Garmong v. Rogney & Sons Constr. (Nev. 2016). “Appellant next contends that respondents were not entitled to appellate attorney fees because their offers of judgment were less than a $34,000 repair estimate that appellant had obtained when the offers were made, which, according to appellant, made those offers "prohibited"…”
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