CONSTRUCTION DEFECT DEMAND LETTER
STATE OF NEVADA
NOTICE PURSUANT TO NEVADA REVISED STATUTES CHAPTER 40
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Nevada Contractor License No.: [LICENSE NUMBER]
Re: STATUTORY NOTICE OF CONSTRUCTION DEFECTS PURSUANT TO NRS 40.645
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]
Dear Sir or Madam:
This firm represents [OWNER NAME] ("Owner" or "Claimant") regarding construction defects at the above-referenced property. This letter constitutes formal notice of construction defects pursuant to Nevada Revised Statutes Chapter 40 (NRS 40.600 et seq.), and serves as the required pre-litigation notice providing you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.
THIS IS A STATUTORY NOTICE REQUIRED UNDER NEVADA LAW PURSUANT TO NRS 40.645. YOUR TIMELY RESPONSE IS REQUIRED.
I. NEVADA-SPECIFIC LEGAL FRAMEWORK
A. Nevada Construction Defect Law
This notice is provided pursuant to NRS 40.600 et seq., Nevada's comprehensive Construction Defect Law, which establishes mandatory pre-litigation procedures for construction defect claims.
Under the Law:
- The claimant must provide written notice of claimed defects at least 120 days before filing suit (NRS 40.645)
- The notice must describe each alleged construction defect in reasonable detail
- Contractors and subcontractors have 90 days to inspect and respond with repair offer
- Mandatory mediation may be required
- Failure to comply with the notice requirements may bar or limit the action
B. Statute of Limitations
Nevada law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Written Contract | 6 years | NRS 11.190(1)(b) |
| Oral Contract | 4 years | NRS 11.190(2)(c) |
| Property Damage (Construction) | 6 years from completion | NRS 11.202 |
| Breach of Warranty | 4 years (UCC) | NRS 104.2725 |
C. Statute of Repose
Nevada has a tiered statute of repose system:
- NRS 11.202: 6 years for patent defects (obvious on reasonable inspection)
- NRS 11.203: 10 years for latent defects (not apparent on reasonable inspection)
- NRS 11.204: 10 years from substantial completion for construction defects
D. Warranties Under Nevada Law
Nevada provides the following warranties in residential construction:
-
Statutory Express Warranties: Under NRS 40.640, contractors must provide express warranties.
-
Implied Warranty of Habitability: Builders impliedly warrant that new homes are fit for habitation. Westpark Owners' Ass'n v. Eighth Judicial District Court, 123 Nev. 349 (2007).
-
Implied Warranty of Workmanlike Construction: Radaker v. Scott, 109 Nev. 435 (1993).
E. Contractor Licensing Requirements
Under NRS 624.010 et seq., contractors must be licensed by the Nevada State Contractors Board. Unlicensed contracting is a crime and contracts may be unenforceable.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], Nevada |
| Property Type | [ ] Single-family home [ ] Condominium [ ] Townhouse [ ] Multi-family |
| Year Built | [YEAR] |
| Square Footage | [SQUARE FEET] |
| Current Owner(s) | [NAME(S)] |
| Date of Purchase | [DATE] |
| Purchase Price | $[AMOUNT] |
B. Project Information
| Item | Details |
|---|---|
| Project Type | [ ] New construction [ ] Remodel [ ] Addition [ ] Repair |
| General Contractor | [NAME] |
| NV Contractor License No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Final Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- License Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors: (List all subcontractors whose work is believed defective)
| Trade | Company Name | License No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to NRS 40.645, the following is a detailed description of each claimed construction defect:
DEFECT #1: [TITLE - e.g., STUCCO CRACKING AND MOISTURE INTRUSION]
Location: [Specific location within the property]
Description: [Detailed description of the defect, including how it manifests, when it was discovered, and any progression]
Classification Under NRS 40.615:
[ ] Category 1 - Affecting health and safety
[ ] Category 2 - Materially affecting functionality
[ ] Category 3 - Aesthetic impairment
Building Components Affected:
[ ] Foundation/Slab [ ] Framing [ ] Roofing [ ] Exterior walls/Siding [ ] Windows/Doors
[ ] Plumbing [ ] Electrical [ ] HVAC [ ] Insulation [ ] Drywall/Interior finishes
[ ] Flooring [ ] Waterproofing [ ] Drainage [ ] Stucco/EIFS [ ] Other: [SPECIFY]
Evidence Supporting Defect:
[Describe supporting evidence - expert reports, photographs, testing results, etc.]
Standards Violated:
[ ] Nevada Building Code
[ ] Clark County/Washoe County Building Code
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
[ ] NRS 40.640 Standards of Conduct
Date First Observed: [DATE]
Estimated Cost to Repair: $[AMOUNT]
DEFECT #2: [TITLE]
[REPEAT FORMAT ABOVE FOR EACH DEFECT]
IV. SUMMARY OF DEFECTS AND DAMAGES
| Defect | Location | Category | Est. Repair Cost | Related Damages |
|---|---|---|---|---|
| [DEFECT 1] | [LOCATION] | [1/2/3] | $[AMOUNT] | $[AMOUNT] |
| [DEFECT 2] | [LOCATION] | [1/2/3] | $[AMOUNT] | $[AMOUNT] |
| SUBTOTAL - Repair Costs | $[AMOUNT] | |||
| Consequential Damages | $[AMOUNT] | |||
| Expert/Investigation Costs | $[AMOUNT] | |||
| Temporary Housing | $[AMOUNT] | |||
| TOTAL ESTIMATED DAMAGES | $[AMOUNT] |
V. LEGAL BASIS FOR CLAIMS
A. NRS Chapter 40 Claims
You have violated the statutory standards of conduct set forth in NRS 40.640.
B. Breach of Contract
You failed to perform construction in accordance with the contract terms, plans, specifications, and applicable building codes.
C. Breach of Express Warranty
You provided express warranties regarding quality and durability of construction which you have breached.
D. Breach of Implied Warranty of Habitability
Under Nevada law, builders impliedly warrant that new homes are fit for habitation. Westpark Owners' Ass'n v. Eighth Judicial District Court, 123 Nev. 349 (2007).
E. Negligence
You owed a duty of care to perform construction in accordance with the applicable standard of care and breached that duty.
F. Violation of Building Codes
The construction violates the Nevada Building Code and/or local building codes.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under NRS Chapter 40
Pursuant to NRS 40.647, upon receipt of this notice, you have the right to:
- Inspect the Property: Request an inspection within 30 days of receiving this notice
- Conduct Testing: Perform reasonable testing to evaluate defects
- Offer to Repair: Within 90 days, make a written offer to repair or settle
- Request Additional Information: Request documents supporting the claim
- Dispute Claims: Deny responsibility for the claimed defects in writing
B. Response Deadline
You must respond within NINETY (90) DAYS of receipt of this notice pursuant to NRS 40.6472.
Your response should include:
1. Whether you accept or dispute the claimed defects
2. Whether you wish to inspect the property
3. Your offer, if any, to repair or compensate
4. Any documentation supporting your position
C. Pre-Suit Waiting Period
Nevada law requires a 120-day waiting period from the date of this notice before commencing litigation (NRS 40.645).
D. Consequences of Non-Response
Failure to respond within the statutory period may result in:
- Owner proceeding to litigation after 120-day waiting period
- Waiver of your right to inspect and repair
- Adverse inference at trial
- Potential enhancement of damages
VII. DEMAND FOR INSPECTION ACCESS
Pursuant to NRS 40.6474, we hereby offer you the opportunity to inspect the property. To schedule an inspection:
- Contact our office in writing within 30 days of receipt of this notice
- Propose inspection dates during reasonable business hours
- Identify all persons who will attend
- Identify any experts who will participate
- Identify any destructive testing you wish to conduct
Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
VIII. PRESERVATION OF EVIDENCE
You are hereby directed to preserve all documents and materials relating to the construction, including:
- All contracts and subcontracts
- Plans, specifications, and drawings
- Inspection reports and quality control records
- Correspondence with owner and subcontractors
- Photographs taken during construction
- Daily logs and progress reports
- Warranties from manufacturers
- Insurance policies and certificates
- OSHA logs and safety records
Spoliation Warning: Failure to preserve evidence may result in adverse inference instructions and sanctions.
IX. SETTLEMENT DEMAND
To resolve this matter without litigation, we demand:
Option A - Repair by Contractor:
1. Complete repair of all identified defects within [NUMBER] days
2. All repairs warranted for minimum of [NUMBER] years
3. Payment of investigation and expert costs: $[AMOUNT]
4. Payment of attorney's fees incurred to date: $[AMOUNT]
Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.
X. CONCLUSION
Please respond in writing within 90 days of receipt of this notice as required by NRS 40.6472. If we do not receive a satisfactory response or if the parties cannot reach resolution within the 120-day statutory period, our client will proceed with litigation and seek all available remedies including attorney's fees as authorized by NRS 40.655.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
Nevada Bar No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [OWNER NAME]
ENCLOSURES:
[ ] Photographs of defects
[ ] Expert report(s)
[ ] Repair estimates
[ ] Copy of construction contract
[ ] Correspondence history
cc: [OWNER NAME]
[INSURANCE CARRIER]
Nevada State Contractors Board (if applicable)
NEVADA-SPECIFIC PRACTICE NOTES
NRS Chapter 40 Requirements:
- Mandatory 120-day pre-suit notice (NRS 40.645)
- Contractor has 90 days to respond with repair offer
- Mandatory mediation may be ordered
- Attorney's fees available to prevailing party (NRS 40.655)
- Comprehensive statutory scheme governs all construction defect claims
Tiered Defect Classification (NRS 40.615):
- Category 1: Health and safety defects
- Category 2: Functional defects
- Category 3: Aesthetic defects
- Classification affects remedies and damages
Statute of Repose:
- 6 years for patent defects (NRS 11.202)
- 10 years for latent defects (NRS 11.203)
- Discovery rule applies (NRS 11.204)
Contractor Licensing:
- Mandatory licensing under NRS 624
- Verify license with Nevada State Contractors Board
- Unlicensed contracting is criminal offense
- Contract may be unenforceable if unlicensed
HOA/Condominium Claims:
- Special procedures for common interest communities
- NRS Chapter 116 governs HOA claims
- Association has standing for common element defects
Attorney's Fees:
- Prevailing party may recover fees (NRS 40.655)
- Offers of judgment affect fee recovery
- Consider strategic implications
Expert Requirements:
- Expert testimony typically required
- Licensed design professionals for design defects
- Licensed contractors for construction methodology
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Nevada attorney before use.