AB505
AN ACT relating to constructional defects; requiring a written response to a notice of a constructional defect to include certain information; requiring a contractor, subcontractor and certain related professionals to maintain a policy of insurance which covers liability for constructional defects; revising provisions relating to certain settlement offers concerning constructional defects; clarifying certain provisions relating to the recovery of damages proximately caused by a constructional defect; revising provisions relating to certain required mediation; revising the definitions of certain terms related to actions resulting from constructional defects; and providing other matters properly relating thereto. Close title AN ACT relating to constructional defects; requiring a written response to a notice of a constructional defect to include certain information; requiring a contractor, subcontractor and certain related professionals to maintain a policy of insurance which covers liability for constructional defects; revising provisions relating to certain settlement offers concerning constructional defects; clarifying certain provisions relating to the recovery of damages proximately caused by a constructional defect; revising provisions relating to certain required mediation; revising the definitions of certain terms related to actions resulting from constructional defects; and providing other matters properly relating thereto.
Introduction Date
Monday, March 24, 2025
Primary Sponsor
Assembly Committee on Judiciary
Public exhibits
0
Support 0 · Opp 0 · Neutral 0
Auditor findings
0
recusal 0 · QPQ 0
AN ACT relating to constructional defects; requiring a written response to a notice of a constructional defect to includ
Existing law authorizes an owner of a residence or appurtenance and certain other persons to commence a civil action against a contractor, subcontractor, supplier or design professional for certain constructional defects in the residence or appurtenance. (NRS 40.610, 40.640, 40.645) Under existing law, before a claimant commences an action or amends a complaint to add a cause of action for a constructional defect, the claimant must give written notice to the contractor and the matter must be submitted to mediation unless mediation is waived in writing. (NRS 40.645) Existing law also requires a contractor, subcontractor, supplier or design professional who receives notice of a constructional defect to send a written response to the claimant within 90 days after receiving the notice. (NRS 40.6472) Section 3 of this bill: (1) requires the written response to state whether the contractor, subcontractor, supplier or design professional has elected to enter into mediation or waive mediation in writing; and (2) provides that failure to include such a statement shall be deemed a written waiver of the requirement to submit the matter to mediation. Section 3 also requires the written response to include certain additional information if the contractor, subcontractor, supplier or design professional has elected to repair the constructional defect. Section 8 of this bill revises provisions governing the mediation required by existing law by: (1) providing that such mediation must be waiv
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