Nevada Revised Statutes

Nev. Rev. Stat. § 40.690 (2026)

Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate

✓ current as of July 2026
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NRS 40.690  Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate.

      1.  A claim governed by NRS 40.600 to 40.695, inclusive, may not be brought by a claimant or contractor against a government, governmental agency or political subdivision of a government, during the period in which a claim for a constructional defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive. The settlement of such a claim does not affect the rights or obligations of the claimant or contractor in any action brought by the claimant or contractor against a third party.

      2.  A contractor or claimant may require a party against whom the contractor or claimant asserts a claim governed by NRS 40.600 to 40.695, inclusive, to appear and participate in proceedings held pursuant to those sections as if the party were a contractor and the party requiring the appearance were a claimant. The party must receive notice of the proceedings from the contractor or claimant.

      (Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1443)

     

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2004–2022 · leading case: Desert Fireplaces Plus, Inc. v. Eighth Jud. Dist. Court of the State of Nevada, 97 P.3d 607 (Nev. 2004).
Desert Fireplaces Plus, Inc. v. Eighth Jud. Dist. Court of the State of Nevada, 97 P.3d 607 (Nev. 2004). · cites it 2× “8 Additionally, in 1998, NRS 40.690 prohibited a contractor from bringing a construction defect claim against a third party during the time period any construction defect claim was in mediation.”
Pulver v. Kane (D. Nev. 2022). · cites it 6× “) A&E cites to Barrett for the 15 proposition that “NRS 40.690 allows a contractor to be treated as a claimant for purposes 16 of requiring another party to appear and participate in the NRS Chapter 40 proceedings 17 after that party receives notice of the proceedings from the…”
Barrett v. Eighth Jud. Dist. Ct., 2014 NV 65 (Nev. 2014). · cites it 7× “610, NRS 40.690 allows a contractor to be treated as a claimant for purposes of requiring another party to appear and participate in the NRS Chapter 40 proceedings after that party receives notice of the proceedings from the contractor or claimant.”
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