Nevada § 40.6472 - Response to notice of defect: Time for sending; content; effect of election to repair or not to repair

§ 40.6472. Response to notice of defect: Time for sending; content; effect of election to repair or not to repair

1. Except as otherwise provided in NRS 40.670 and 40.672 , a written response must be sent by certified mail, return receipt requested, to

a claimant who gives notice of a constructional defect pursuant to NRS 40.645 : (a) By the contractor not later than 90 days after the contractor receives the notice;

and (b) If notice was sent to a subcontractor, supplier or design professional, by the

subcontractor, supplier or design professional not later than 90 days after the date

that the subcontractor, supplier or design professional receives the notice. 2. The written response sent pursuant to subsection 1 must respond to each constructional

defect in the notice and: (a) Must state whether the contractor, subcontractor, supplier or design professional

has elected to repair the defect or cause the defect to be repaired. If an election to repair is included in the response and the repair will cause the

claimant to move from the claimant's home during the repair, the election must also

include monetary compensation in an amount reasonably necessary for temporary housing

or for storage of household items, or for both, if necessary. (b) May include a proposal for monetary compensation, which may include contribution

from a subcontractor, supplier or design professional. (c) May disclaim liability for the constructional defect and state the reasons for

such a disclaimer. 3. If the claimant is a homeowners' association, the association shall send a copy

of the response to each member of the association not later than 30 days after receiving

the response. 4. If the contractor, subcontractor, supplier or design professional has elected not

to repair the constructional defect, the claimant or contractor may bring a cause

of action for the constructional defect or amend a complaint to add a cause of action

for the constructional defect. 5. If the contractor, subcontractor, supplier or design professional has elected to

repair the constructional defect, the claimant must provide the contractor, subcontractor,

supplier or design professional with a reasonable opportunity to repair the constructional

defect.