40.647 - Claimant required to allow inspection of and reasonable opportunity to repair defect; effect of noncompliance. - Nevada Statutes

40.647  Claimant required to allow inspection of and reasonable opportunity to repair defect; effect of noncompliance.

      1.  Except as otherwise provided in NRS 40.6452, after notice of a constructional defect is given pursuant to NRS 40.645, before a claimant may commence an action or amend a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant must:

      (a) Allow an inspection of the alleged constructional defect to be conducted pursuant to NRS 40.6462; and

      (b) Allow the contractor, subcontractor, supplier or design professional a reasonable opportunity to repair the constructional defect or cause the defect to be repaired if an election to repair is made pursuant to NRS 40.6472.

      2.  If a claimant commences an action without complying with subsection 1 or NRS 40.645, the court shall:

      (a) Dismiss the action without prejudice and compel the claimant to comply with those provisions before filing another action; or

      (b) If dismissal of the action would prevent the claimant from filing another action because the action would be procedurally barred by the statute of limitations or statute of repose, the court shall stay the proceeding pending compliance with those provisions by the claimant.

      (Added to NRS by 2003, 2039)