Nevada § 40.648 - Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed

§ 40.648. Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed

1. If the response provided pursuant to NRS 40.6472 includes an election to repair the constructional defect: (a) The repairs may be performed by the contractor, subcontractor, supplier or design

professional, if such person is properly licensed, bonded and insured to perform the

repairs and, if such person is not, the repairs may be performed by another person

who meets those qualifications. (b) The repairs must be performed: (1) On reasonable dates and at reasonable times agreed to in advance with the claimant; (2) In compliance with any applicable building code and in a good and workmanlike

manner in accordance with the generally accepted standard of care in the industry

for that type of repair; and (3) In a manner which will not increase the cost of maintaining the residence or appurtenance

than otherwise would have been required if the residence or appurtenance had been

constructed without the constructional defect, unless the contractor and the claimant

agree in writing that the contractor will compensate the claimant for the increased

cost incurred as a result of the repair. (c) Any part of the residence or appurtenance that is not defective but which must

be removed to correct the constructional defect must be replaced. (d) The contractor, subcontractor, supplier or design professional shall prevent,

remove and indemnify the claimant against any mechanics' liens and materialmen's liens. 2. Unless the claimant and the contractor, subcontractor, supplier or design professional

agree to extend the time for repairs, the repairs must be completed: (a) Not later than 105 days after the date on which the notice of the constructional

defect was received by the contractor, subcontractor, supplier or design professional

if the notice of a constructional defect was received from four or fewer owners;

or (b) Not later than 150 days after the date on which the notice of the constructional

defect was received by the contractor, subcontractor, supplier or design professional

if the notice was received from five or more owners or from a representative of a

homeowners' association. 3. If repairs reasonably cannot be completed within the time set forth in subsection

2, the claimant and the contractor, subcontractor, supplier or design professional

shall agree to a reasonable time within which to complete the repair. If the claimant and contractor, subcontractor, supplier or design professional cannot

agree on such a time, any of them may petition the court to establish a reasonable

time for completing the repair. 4. Any election to repair made pursuant to NRS 40.6472 may not be made conditional upon a release of liability. 5. Not later than 30 days after the repairs are completed, the contractor, subcontractor,

supplier or design professional who repaired or caused the repair of a constructional

defect shall provide the claimant with a written statement describing the nature and

extent of the repair, the method used to repair the constructional defect and the

extent of any materials or parts that were replaced during the repair.