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

Nev. Rev. Stat. § 40.695

Tolling of statutes of limitation or repose; applicability

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NRS 40.695  Tolling of statutes of limitation or repose; applicability.

      1.  Except as otherwise provided in subsections 2 and 3, statutes of limitation or repose applicable to a claim based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, are tolled from the time notice of the claim is given, until the earlier of:

      (a) One year after notice of the claim is given; or

      (b) Thirty days after mediation is concluded or waived in writing pursuant to NRS 40.680.

      2.  Statutes of limitation and repose may be tolled under this section for a period longer than 1 year after notice of the claim is given only if, in an action for a constructional defect brought by a claimant after the applicable statute of limitation or repose has expired, the claimant demonstrates to the satisfaction of the court that good cause exists to toll the statutes of limitation and repose under this section for a longer period.

      3.  Tolling under this section applies to a third party regardless of whether the party is required to appear in the proceeding.

      (Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1444; 2003, 2049; 2015, 17)

MISCELLANEOUS PROVISIONS

     

Notes of Decisions
Cited in 13 cases, 2004–2020 · leading case: Desert Fireplaces Plus, Inc. v. Eighth Judicial District Court of the State of Nevada
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Desert Fireplaces Plus, Inc. v. Eighth Judicial District Court of the State of Nevada (2004) nev · cites it 13× “Second, we address whether the two-year statute of limitations for commencing a cause of action against a dissolved corporation for claims arising before the corporation’s dissolution is tolled under NRS 40.695 during mediation when the claims are for construction defects and…”
Olson v. Richard (2004) nev · cites it 2× “600 to NRS 40.695 deal with negligence or the economic loss doctrine; thus, the Legislature neither created a cause of action nor eliminated a defense.”
Westpark Owners' Ass'n v. Eighth Judicial District Court (2007) nev “600 through NRS 40.695. In general, this legislation sets *352 forth rights and remedies of homeowners, developers, and building contractors when disputes over constructional defects arise in connection with new homes or modifications to existing residential dwellings.”
ANSE, Inc. v. Eighth Judicial District Court Ex Rel. County of Clark (2008) nev “600 through NRS 40.695. After answering real parties in interest’s complaint, Del Webb instituted a third-party action against various subcontractors with which it had contracted to perform work in the Sun City Summerlin community during its construction, including petitioners…”
BYRNE VS. SUNRIDGE BUILDERS, INC. (2020) nev · cites it 2× “See NRS 40.695(1) (providing that the statute of repose tolls from the time an NRS Chapter 40 Notice is served for either 1 year, or 30 days after mediation is concluded or waived").”
DYKEMA VS. DEL WEBB COMMUNITIES, INC. (2016) nev · cites it 2× “Under NRS 40.695(1)(a), the statute of repose is tolled for "folne year after notice of the claim is given.”
WESTPARK OWNERS'ASS'N v. Dist. Ct. (2007) nev “600 through NRS 40.695. In general, this legislation sets forth rights and remedies of homeowners, developers, and building contractors when disputes over constructional defects arise in connection with new homes or modifications to existing residential dwellings.”
D.R. HORTON, INC. VS. DIST. CT. (ARLINGTON RANCH HOMEOWNERS ASS'N.) (2015) nev · cites it 2× “9 8 We recognize that NRS 40.695 generally tolls statutes of limitation or repose for constructional defect claims during the prelitigation process.”
DYKEMA VS. DEL WEBB COMMUNITIES, INC. (2016) nev “Under NRS 40.695(1)(a), the statute of repose is tolled for "folne year after notice of the claim is given.”
D.R. Horton, Inc. v. Eighth Jud. Dist. Ct (2015) nev “9 8 We recognize that NRS 40.695 generally tolls statutes of limitation or repose for constructional defect claims during the prelitigation process.”
D.R. HORTON, INC. VS. DIST. CT. (ARLINGTON RANCH HOMEOWNERS ASS'N.) (2015) nev “9 8 We recognize that NRS 40.695 generally tolls statutes of limitation or repose for constructional defect claims during the prelitigation process.”
D.R. HORTON, INC. VS. DIST. CT. (ARLINGTON RANCH HOMEOWNERS ASS'N.) (2015) nev “9 8 We recognize that NRS 40.695 generally tolls statutes of limitation or repose for constructional defect claims during the prelitigation process.”
Show all 13 citing cases →
— Nev. Rev. Stat. § 40.695(1) — 1 case
BYRNE VS. SUNRIDGE BUILDERS, INC. (2020) nev “See NRS 40.695(1) (providing that the statute of repose tolls from the time an NRS Chapter 40 Notice is served for either 1 year, or 30 days after mediation is concluded or waived").”
— Nev. Rev. Stat. § 40.695(1)(a) — 2 cases
DYKEMA VS. DEL WEBB COMMUNITIES, INC. (2016) nev “Under NRS 40.695(1)(a), the statute of repose is tolled for "folne year after notice of the claim is given.”
DYKEMA VS. DEL WEBB COMMUNITIES, INC. (2016) nev “Under NRS 40.695(1)(a), the statute of repose is tolled for "folne year after notice of the claim is given.”
— Nev. Rev. Stat. § 40.695(2) — 1 case
Desert Fireplaces Plus, Inc. v. Eighth Judicial District Court of the State of Nevada (2004) nev “Second, we address whether the two-year statute of limitations for commencing a cause of action against a dissolved corporation for claims arising before the corporation’s dissolution is tolled under NRS 40.695 during mediation when the claims are for construction defects and…”
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