Nevada § 40.652 - Offer of judgment

§ 40.652. Offer of judgment

1. At any time after a claimant has given notice pursuant to NRS 40.645 and before the claimant commences an action or amends a complaint to add a cause

of action for a constructional defect against a contractor, subcontractor, supplier

or design professional, the claimant or any contractor, subcontractor, supplier or

design professional who has received notice pursuant to NRS 40.645 or 40.646 may serve upon one or more other parties a written offer to allow judgment to be

entered without action in accordance with the terms and conditions of the offer of

judgment. 2. Except as otherwise provided in subsection 7, if, within 10 days after the date

of service of an offer of judgment, the party to whom the offer was made serves written

notice that the offer is accepted, the party who made the offer or the party who accepted

the offer may file the offer, the notice of acceptance and proof of service with the

clerk of the district court. Upon receipt by the clerk, the clerk shall enter a judgment according to the terms

of the offer. Any judgment entered pursuant to this section shall be deemed a compromise settlement. The judgment, the offer, the notice of acceptance and proof of service, with the

judgment endorsed, become the judgment roll. 3. If the offer of judgment is not accepted pursuant to subsection 2 within 10 days

after the date of service, the offer shall be deemed rejected by the party to whom

it was made and withdrawn by the party who made it. The rejection of an offer does not preclude any party from making another offer

pursuant to this section. Evidence of a rejected offer is not admissible in any proceeding other than a proceeding

to determine costs and fees. 4. Except as otherwise provided in this section, if a party who rejects an offer of

judgment fails to obtain a more favorable judgment in an action for a constructional

defect, the court: (a) May not award to the party any costs or attorney's fees; (b) May not award to the party any interest on the judgment for the period from the

date of service of the offer to the date of entry of the judgment; (c) Shall order the party to pay the taxable costs incurred by the party who made

the offer; and (d) May order the party to pay to the party who made the offer any or all of the following: (1) A reasonable sum to cover any costs incurred by the party who made the offer for

each expert witness whose services were reasonably necessary to prepare for and conduct

the trial of the case. (2) Any applicable interest on the judgment for the period from the date of service

of the offer to the date of entry of the judgment. (3) Reasonable attorney's fees incurred by the party who made the offer for the period

from the date of service of the offer to the date of entry of the judgment. If the attorney of the party who made the offer is collecting a contingent fee,

the amount of any attorney's fees awarded to the party pursuant to this subparagraph

must be deducted from that contingent fee. 5. To determine whether a party who rejected an offer of judgment failed to obtain

a more favorable judgment: (a) If the offer provided that the court would award costs, the court must compare

the amount of the offer with the principal amount of the judgment, without inclusion

of costs. (b) If the offer precluded a separate award of costs, the court must compare the amount

of the offer with the sum of: (1) The principal amount of the judgment; and (2) The amount of taxable costs that the claimant who obtained the judgment incurred

before the date of service of the offer. 6. Multiple parties may make a joint offer of judgment pursuant to this section. 7. A party may make to two or more other parties pursuant to this section an apportioned

offer of judgment that is conditioned upon acceptance by all the parties to whom the

apportioned offer is made. Each party to whom such an offer is made may serve upon the party who made the offer

a separate written notice of acceptance of the offer. If any party rejects the apportioned offer: (a) The action must proceed as to all parties to whom the apportioned offer was made,

whether or not the other parties accepted or rejected the offer; and (b) The sanctions set forth in subsection 4: (1) Apply to each party who rejected the apportioned offer. (2) Do not apply to any party who accepted the apportioned offer. 8. The sanctions set forth in subsection 4 do not apply to: (a) An offer of judgment made to multiple parties who received a notice pursuant to NRS 40.645 or 40.646 unless the same person is authorized to decide whether to settle the claims against

all the parties to whom the offer is made and: (1) There is a single common theory of liability against all the parties to whom the

offer is made; (2) The liability of one or more of the parties to whom the offer is made is entirely

derivative of the liability of the remaining parties to whom the offer is made; or (3) The liability of all the parties to whom the offer is made is entirely derivative

of a common act or omission by another person. (b) An offer of judgment made to multiple claimants unless the same person is authorized

to decide whether to settle the claims of all the claimants to whom the offer is made

and: (1) There is a single common theory of liability claimed by all the claimants to whom

the offer is made; (2) The damages claimed by one or more of the claimants to whom the offer is made

are entirely derivative of an injury to the remaining claimants to whom the offer

is made; or (3) The damages claimed by all the claimants to whom the offer is made are entirely

derivative of an injury to another person.