Nevada § 40.6887 - Submission of questions or disputes concerning defects to State Contractors' Board; regulations

§ 40.6887. Submission of questions or disputes concerning defects to State Contractors' Board; regulations

1. A claimant or any contractor, subcontractor, supplier or design professional may

submit a question or dispute to the State Contractors' Board concerning any matter

which may affect or relate to a constructional defect, including, without limitation,

questions concerning the need for repairs, the appropriate method for repairs, the

sufficiency of any repairs that have been made and the respective rights and responsibilities

of homeowners, claimants, contractors, subcontractors, suppliers and design professionals. 2. If a question or dispute is submitted to the State Contractors' Board pursuant

to this section, the State Contractors' Board shall, pursuant to its regulations,

rules and procedures, respond to the question or investigate the dispute and render

a decision. Nothing in this section authorizes the State Contractors' Board to require the owner

of a residence or appurtenance to participate in any administrative hearing which

is held pursuant to this section. 3. Not later than 30 days after a question or dispute is submitted to the State Contractors'

Board pursuant to subsection 1, the State Contractors' Board shall respond to the

question or render its decision. The response or decision of the State Contractors' Board: (a) Is not binding and is not subject to judicial review pursuant to the provisions

of chapters 233B and 624 of NRS; and (b) Is not admissible in any judicial or administrative proceeding brought pursuant

to the provisions of this chapter. 4. The provisions of this chapter do not preclude a claimant or a contractor, subcontractor,

supplier or design professional from pursuing any remedy otherwise available from

the State Contractors' Board pursuant to the provisions of chapter 624 of NRS concerning a constructional defect. 5. If an action for a constructional defect has been commenced, the court shall not

stay or delay any proceedings before the court pending an answer to a question or

decision concerning a dispute submitted to the State Contractors' Board. 6. The State Contractors' Board shall adopt regulations necessary to carry out the

provisions of this section and may charge and collect reasonable fees from licensees

to cover the cost of carrying out its duties pursuant to this section.