Nevada § 40.668 - Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability

§ 40.668. Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability

1. Notwithstanding the provisions of NRS 40.600 to 40.695 , inclusive, a claimant may not commence an action against a subdivider or master

developer for a constructional defect in an appurtenance constructed on behalf of

the subdivider or master developer in a planned unit development, to the extent that

the appurtenance was constructed by or through a licensed general contractor, unless: (a) The subdivider or master developer fails to provide to the claimant the name,

address and telephone number of each contractor hired by the subdivider or master

developer to construct the appurtenance within 30 days of the receipt by the subdivider

or master developer of a request from the claimant for such information; or (b) After the claimant has made a good faith effort to obtain full recovery from the

contractors hired by the subdivider or master developer to construct the appurtenance,

the claimant has not obtained a full recovery. 2. All statutes of limitation or repose applicable to a claim governed by this section

are tolled from the time the claimant notifies a contractor hired by the subdivider

or master developer of the claim until the earlier of the date: (a) A court determines that the claimant cannot obtain a full recovery against those

contractors; or (b) The claimant receives notice that those contractors are bankrupt, insolvent or

dissolved. Tolling pursuant to this subsection applies only to the subdivider or master developer.

Notwithstanding any applicable statute of limitation or repose, the claimant may commence

an action against the subdivider or master developer for the claim within 1 year after

the end of the tolling described in this subsection. 3. Nothing in this section prohibits the commencement of an action against a subdivider

or master developer for a constructional defect in a residence sold, designed or constructed

by or on behalf of the subdivider or master developer. 4. Nothing in this section prohibits a person other than the claimant from commencing

an action against a subdivider or master developer to enforce the person’s own rights. 5. The provisions of this section do not apply to a subdivider or master developer

who acts as a general contractor or uses the subdivider’s or master developer’s license

as a general contractor in the course of constructing the appurtenance that is the

subject of the action. 6. As used in this section: (a) “ Master developer ” means a person who buys, sells or develops a planned unit development, including,

without limitation, a person who enters into a development agreement pursuant to NRS 278.0201 . (b) “Planned unit development” has the meaning ascribed to it in NRS 278A.065 . (c) “Subdivider” has the meaning ascribed to it in NRS 278.0185 .