Construction Defects in Nevada Homes and Condos

A law firm is investigating allegations of construction defects in properties located in the state of Nevada. The following information is being provided for both educational uses, and to help people determine if they wish to investigate a potential legal action regarding home defects, also known as residential construction defects.

What is a Construction Defect?

If something in your home doesn't work the way it's supposed to, say the window leaks, or the roof leaks, or there's a cracked foundation, these are examples of construction defects. Whether the residence is a high-rise, single family house, townhouse, or condominium, it should function in the manner in which people would ordinarily expect a home to function.

What if my Warranty Has Expired?

The Nevada Supreme Court has determined that homeowners in Nevada have "implied warranties" - meaning that homes built in Nevada should work the way they are supposed to work. As long as the owner's claim is filed within the timeframe of the applicable statute of limitations (deadline to file), the claim is valid.

How Much Time Do I Have?

The statute of limitations on construction defects in Nevada is not a simple issue. Here are some basic guidelines: First, you have four years from the date you knew or should have known about the existence of the defect. Second, for defects that are not immediately apparent at the time you purchased your home, you have eight years or possibly longer from the date of the completion of your home. Because there are so many variables, competent legal advice is critical as soon as you become aware of a serious problem.

What Costs Can Be Recovered?

Nevada Law allows for the recovery of the following costs: a) any reasonable attorney fees; b) the cost of repairs that are necessary to cure any defect; c) any reduction in the fair market value of the home due to structural failure; d) the value of the loss of use of all or any portion of the residence caused by the defect; e) the reasonable value of any other property damaged by the defect; f) any related expert fees; g) interest on the amount of the claim.

What Should I Do?

In addition to completing the form below, you can take the following steps:

Make Notes - Keep Records: Most serious construction defects take time to resolve. Memories can fade over time. It's always a good idea to keep notes regarding all aspects of the matter. Items to note - if and when you talked to the builder and what response you got, if they showed up when agreed, if they attempted repairs and they failed, basically all the things that are relevant to the matter. Also, if the builder does repairs, make sure you keep all work orders the builder provides you for those repairs.

Take Photographs: Take photos of the defect, the damage it caused and the damage to any personal items caused by the defect. If repairs are being made, it's a good idea to take photos at various stages of the repair process - before, during and after.

Talk to Your Neighbors: Are your neighbors experiencing similar problems? How has the builder resolved their problems, if at all? How many neighbors appear to be having construction problems?

Know Your Rights: Nevada law protects homeowners against construction defects, in some cases up to eight years or more. Proper resolution of a defect is not limited to the home warranty. Many variables apply, so be sure to seek good legal advice.

A list of some Nevada home builders and property development companies:

American Nevada Company, American Premiere Homes, American West, Amstar Homes, Aqua Blue, Astoria Homes, Avante, Beazer, Bramble Development, Carina, Centex, Chandler Construction, Christopher Homes, Concordia Homes, Del American, Del Webb, Desert Cove Homes, Desert Wind Homes, Distinctive Homes, Diversified Real Estate, DR Horton, E A Collins, Engle Homes, Gemstone Development LLC, Greystone, Heller Development, KB Home, Kimball Hill Homes, Lennar, Marquis Homes, Meritage Homes, Nevada Homes Group, Pageantry, Pardee, Performance Marketing Associates, Perma Built, Pulte, R/S Development, Rhodes Homes, Richmond American, Ryland Homes, Signature Homes, Spinnaker Homes, StoryBook Homes, SunVest Communities, Toll Brothers, Trophy Homes, Turnberry Associates, US Home, Vegas Grand, Warmington Homes, William Lyon Homes, Woodside Homes

How It Works

Once we are informed of a residential construction defect that appears to have merit, a representative from the firm will contact you to discuss your problem. If it appears that there is serious merit to the matter, he or she will meet with you. You will need to provide the legal assistant with all the records you have kept regarding the purchase of your home and the problems you have experienced. If your problem warrants further investigation, an inspection of the damage will follow, along with appropriate documenting including photographs, video tapes, etc. Experts may be called in to survey the damage or determine the cause of the damage. If necessary, various tests will be ordered and performed.

Before a lawsuit can be filed, a formal claim has to be presented to the builder. The builder can elect to perform a repair. If the builder does not choose to repair the damage, or if the repair is inadequate, the next step is mediation (negotiation to settle). If mediation does not resolve the matter, a lawsuit can be filed on your behalf and on behalf of your neighbors experiencing similar problems. There is not only strength in numbers but the fee arrangement with experts retained on your behalf can become more favorable when more claimants are involved.

Before your case can go to trial, a substantial amount of evidence must be uncovered and properly prepared for presentation in court. This is the discovery process. Once all evidence is prepared, a trial date can be set.

The objective of the trial is to win reasonable compensation for you, the plaintiffs, to properly repair your home and to cover all costs related to the lawsuit - attorney fees, expert fees, tests, etc. Not all trials conclude with a verdict. Sometimes either party may offer an amount or settlement to end the case before a verdict is reached. The mission is to get defective homes repaired correctly at no cost to the homeowner.

Register your Nevada Construction Defects Complaint

If the home is located in Nevada and you have encountered a construction defect in your residence, whether it be a high-rise, home, townhouse, or a condominium, please complete the form below and a law firm that is investigating these matters will review your complaint in detail.

At LawyersandSettlements.com, it is our goal to keep you informed about important legal cases and settlements. We are dedicated to helping you resolve your legal complaints.

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