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After a devastating rear-end collision, April’s world turned upside down. Medical bills piled relentlessly.
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Helping You Get the Medical Care You Need
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Supporting Your Emotional Healing Journey
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Fighting for Your Rightful Compensation
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TINA255 Days Ago
I retained Paul Padda after firing my other lawyer. Best decision I ever made! He did a fantastic job for me in handling my personal injury case. Always courteous and cares about his clients. Great office staff that cares about people. With Mr. Padda, I felt comfortable every step of the way. My first choice for a lawyer!
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S.S.255 Days Ago
Paul Padda is a great attorney that cares about his clients. I hired him and was impressed. Very good in court and handled my case really well. He took the time to understand my case and cared about me as a person. He would be the first person I call if I need an attorney again.
Overview
Getting Justice for Las Vegas Homeowners
Purchasing a home or investing in significant property repairs is a major financial commitment. You trust the builders, contractors, and other professionals involved to meet basic standards of performance. When their work falls short, it can compromise the safety and value of your residence.
If construction work is not completed properly and causes property damage or creates safety risks, you have the right to take action. The law allows you to demand that the defects be corrected and to seek financial recovery from the companies responsible for your property damage.
In Nevada, bringing a construction defect claim requires strict compliance with Chapter 40 of the Nevada Revised Statutes (NRS). This legal framework applies to individual homeowners as well as representatives of homeowners associations. Because the Chapter 40 process is highly complex and technical, seeking justice requires the guidance of a knowledgeable Las Vegas construction defect lawyer.
At Paul Padda Law, our team of attorneys and legal professionals is fully equipped to help you navigate your construction defect claim and protect your most valuable asset.
Why Hire Paul Padda Law for Your Construction Defect Case
Taking on negligent builders, developers, and their insurance companies requires strong legal advocacy and deep industry insight. Paul Padda Law provides the authoritative representation necessary to hold these parties accountable.
We bring highly specialized experience to the table for every property damage case. Attorney Sri Shah of our firm spent many years of her career, prior to joining Paul Padda Law, exclusively handling construction defect claims. She is highly respected in the industry and has earned the deep respect of the judges and opposing attorneys who handle these complex cases in Nevada courtrooms.
When you choose our firm, you gain a team that understands both the technical details of faulty construction and the aggressive legal strategies needed to secure a win. We handle the heavy lifting of the legal process so you can focus on restoring your home and your peace of mind.
If you are a homeowner dealing with a construction defect, do not navigate the legal system alone. Call us today at (702) 707-7000 and let us help you assess your rights.
The Leader of Your Recovery Team
"Being a lawyer allows me to be a voice for the voiceless."
- Paul Padda, J.D.
More About Paul
Table of Contents
What is considered a Construction Defect in Las Vegas?
Nevada law defines “constructional defect” as a defect in the design, construction, manufacture, repair or landscaping of a residence or other building secondary to a residence that:
- presents an unreasonable risk of injury to person or property or
- caused property damage because of poor workmanship
Construction defects can occur at any point during the construction process and may be discovered relatively quickly or not for a considerable period of time.
Common Types of Cases We Handle
Among the most common types of construction defect type cases that our firm handles are the following:
- New Home Construction Defects
- Renovation or Remodeling Defects
- Patent & Latent Defects
- Architectural & Engineering Negligence
- Commercial Property Construction Defects
What are the Causes of Construction Defects in Las Vegas?
There are four main areas in construction where defects most often occur.
- Subsurface defects – if the soil is not properly prepared it may not be stable and the movement can result in damage to the structure.
- Design defects – when the plans for a house or commercial building do not meet legal specifications, they are defective
- Material defects – result when lesser quality materials or materials inappropriate for the construction project are used
- Workmanship defects – occur when those involved in the building process fail to perform their tasks adequately
Types of Construction Defects
Construction defects can be either patent or latent.
- Patent defect – A patent defect is one that is clearly noticeable or discovered upon reasonable inspection.
- Latent defect – A latent defect is one that is concealed or hidden and may not be discovered until damage occurs.
Some of the most common examples of damage caused by construction defects include cracked slabs, defective foundations, water leaks or intrusion, defective stucco, defective soil conditions, existence of mold and electrical and plumbing problems.
"Always held his attention to me. Assisting me with my personal injury case he was prompt to answer questions and great in......"
-Anonymous
"Co-workers and I were targeted by an employer and harassed. Where we had been turned away by other law firms who were afraid..."
-JOHN
What Gives You the Right to Bring a Construction Defect Claim?
Claims for construction defects arise from your agreement with the contractor or because of the behavior of the contractor or others during the performance of the work that was done. And the law often imposes additional responsibilities on those who provide construction-related services. In most construction defect cases, a party sues under a breach of contract theory. This requires the party suing to show (1) the existence of a valid and enforceable contract, (2) plaintiff’s performance under the contract, (3) defendant failed to perform under the contract without excuse or justification and (4) damages to the plaintiff (the party bringing the claim or lawsuit).
If you didn’t get what you were promised in the condition it was supposed to be delivered in or the law has given you other options, you’re entitled to recover from those who did not do what they were supposed to do and caused you damage.
Parties Responsible for Construction Defects in Las Vegas
The persons liable for construction defects are those that had the responsibility for the defect that occurred and can include:
- Contractors – Contractors are responsible for the workmanship of the construction project. They hire the people who complete the work and they often obtain the materials.
- Architects and Engineers – Architects and engineers are the professionals involved in design and site preparation.
- Landowner – The landowner may have provided inaccurate information to the builder or designers and relying on that information resulted in the defect.
- Materials manufacturer – Manufacturers of materials that are defective for their intended purpose can be liable for the resulting damage.
Time Period for Making Construction Defect Claims
You can make a claim for a construction defect up to 10 years after substantial completion of the work. The 10-year period applies to both patent and latent defects but will not apply if acts of fraud caused the defect.
Substantial completion is reached when any of the following occur.
- final building inspection conducted
- notice of completion is recorded
- certificate of occupancy issued
Note: Although Nevada’s 10-year statute of repose applies to construction defect claims generally, your specific type of claim may have a shorter statute of limitations – for instance, a personal injury or wrongful death claim has a 2-year statute of limitations. It’s important to know the exact timeline for the type of claim you are making even if it did arise from a construction defect.
What You’re Entitled to Collect Under a Chapter 40 Claim
The damages you can recover in a Chapter 40 claim are economic and related to property damage only.
- reasonable cost of repairs
- reasonable expert fees
- litigation costs (potentially also attorney fees)
- reduction in market value
- loss of use
- temporary housing/relocation costs
- incidental property damage
- reasonable costs to assess and evaluate the defect
How to Make a Claim for a Construction Defect in Las Vegas
Nevada’s construction defect laws are designed to encourage those with construction defect claims and those against who the claims are made to try and resolve their differences before filing a lawsuit.
When a construction defect is first discovered, written notice must be sent to the contractor detailing the defect, its cause if known, and any resulting damage or injury. The contractor is then allowed to inspect the property and given the opportunity to correct the defect and repair any damage. The contractor may also make an offer of financial compensation to the claimant.
If the parties cannot agree, the matter must be submitted to mediation before filing a lawsuit – unless the contractor agrees to skip the mediation and go right to court.
Chapter 40 claims must follow specific procedures within stated time periods as set out in the statutes. Failing to follow the correct procedure or not acting in good faith can jeopardize a claimant’s ability to recover fully for the expenses associated with a construction defect.
Collecting From Your Contractor and the Nevada Residential Recovery Fund
Your contractor may agree to compensate you or be directed to do so by a court. However, collecting the money may not be all that easy. When all other attempts at collecting from your contractor have failed, Nevada offers a bit of relief to qualified applicants.
As part of their licensing requirements, residential contractors in Nevada are required to contribute to a recovery fund. The fund reimburses homeowners harmed by the failure of their contractors to perform services adequately. Only actual damages can be recovered and the maximum payment on any one claim is $40,000.
Claimants without judgments have only 4 years from the date the work was completed to make their claims to the Nevada State Contractors Board (NSCB). Claimants awarded judgments from a Nevada court have 2 years from the judgment date to make a claim.
Frequently Asked Questions About Nevada Construction Defects
What qualifies as a construction defect in Nevada?
A construction defect is a flaw in the design, workmanship, or materials used to build or alter a home. In Nevada, this includes any failure to construct the property in a reasonably workmanlike manner. Common examples include plumbing leaks, cracked foundations, faulty electrical wiring, and roofing issues that lead to water damage.
How much time do I have to file a construction defect claim in Las Vegas?
Nevada law enforces strict deadlines known as statutes of limitations and statutes of repose. Depending on the type of defect and when it was discovered, you generally have up to ten years from the substantial completion of the project to take legal action. However, some deadlines are much shorter once you discover the issue. You should consult a lawyer immediately to protect your rights before time runs out.
Do I have to let the contractor try to fix the mistake first?
Yes. Under Chapter 40 of the Nevada Revised Statutes (NRS), homeowners are required to send a formal written notice of the defect to the contractor before filing a lawsuit. The builder then has a specific period to inspect the property and offer to repair the damage or provide a financial settlement. A lawyer can manage this highly technical notification process for you.
Can a Homeowners Association (HOA) sue for construction defects?
Yes. An HOA in Nevada can file a construction defect claim on behalf of its members. This typically occurs when the defects affect common areas like community clubhouses, shared roofs, landscaping, or parking structures. The HOA must follow specific legal procedures under NRS Chapter 40 to pursue these claims against developers or contractors.
What compensation can I recover in a construction defect lawsuit?
If your claim is successful, you can recover the reasonable cost of repairing the defect. You may also be entitled to compensation for temporary housing if you must move out during repairs, damage to your personal belongings, loss of property value, and reasonable attorney fees.
Will my homeowner insurance cover poor construction?
Standard homeowner insurance policies typically exclude coverage for faulty workmanship, defective materials, or poor design. Because your insurance provider will likely deny a claim based on builder error, pursuing a legal claim against the responsible contractor or developer is often your best path to financial recovery.
How much does it cost to hire a Las Vegas construction defect attorney?
At Paul Padda Law, we understand that dealing with extensive property damage is already a massive financial burden. We handle construction defect cases on a contingency fee basis. This means you do not pay any upfront legal fees. Our firm only gets paid if we successfully recover financial compensation for your claim.
Contact a Las Vegas Construction Defect Attorney Today
At Paul Padda Law, our attorneys have significant experience handling construction defect cases. These are often complicated cases requiring the selection of appropriate experts that can help make a strong case in your favor. If you’re looking for outstanding construction defect attorneys to represent you, you need to call us today at (702) 707-7000 or get in touch with us through this website.