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Overview
New Home Construction Defects in Las Vegas
Buying a brand new home in Las Vegas should be an exciting milestone. You expect a pristine property built to the highest standards and ready for your family to enjoy. Unfortunately, the intense demand and the price of lumber increase for housing in Southern Nevada often pushes builders to rush projects to completion. When contractors face tight deadlines, labor shortages, and ongoing pressure to cut costs, the result is frequently substandard workmanship.
Moving into your dream home only to discover cracked foundations, plumbing leaks, or electrical issues is devastating. You might feel completely overwhelmed and unsure of how to hold the builder accountable for their mistakes. You do not have to face massive repair bills and endless excuses from the construction company on your own. If you are dealing with poorly constructed features or failing systems in your newly built house, you need an experienced Las Vegas construction defect attorney to protect your financial investment and your peace of mind.
Why Choose Paul Padda Law for Your Construction Defect Claim?
Taking on a major residential builder or development company requires aggressive legal representation. Builders and their insurance companies have powerful legal teams ready to minimize your complaints, deny your claims, or offer completely inadequate “band-aid” repairs. At Paul Padda Law, we level the playing field.
Our Las Vegas legal team has a proven track record of holding negligent contractors, subcontractors, and developers responsible for their poor workmanship. We understand the complex building codes of Nevada and know exactly how to investigate structural failures, hidden water damage, and severe material defects.
When you choose us, you get a dedicated advocate who will fight to secure the compensation you need to properly repair your home. We handle the stressful negotiations and complex civil litigation so you can focus on getting your life back to normal.
Do not let a negligent builder ignore your rights. Call Paul Padda Law today at (702) 707-7000 and assess your legal options.
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"Being a lawyer allows me to be a voice for the voiceless."
- Paul Padda, J.D.
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Table of Contents
What Qualifies as a New Home Construction Defect?
Construction defects in new home construction are governed by Chapter 40 of the Nevada Revised Statutes (NRS). A “construction defect” is a defect in a home involving one of the following issues:
- design
- construction
- manufacture
- repair
- landscaping
The defect must either present an unreasonable risk of injury to a person or property or it must be the result of inadequate workmanship and have caused physical damage to your residence.
Two Types of New Home Construction Defects
Construction defects will be one of two types.
- Patent – a defect that is clearly visible or easily discovered
- Latent – a defect that is concealed or hidden and not easily discoverable
How to Make a Claim for New Home Construction Defects
Nevada law provides a mandatory process for new homeowners who have discovered construction defects to alert their contractor and try to resolve the situation without going to court. If the matter can’t be resolved through a “Chapter 40” process then a lawsuit may be the last recourse.
Thanks to recent changes in the law, Nevada new home owners have up to 10-years to bring claims for damages relating to either patent or latent construction defects. The 10-year period begins to run from the date of “substantial completion” of the construction.
The claims process under Chapter 40 goes like this:
- A homeowner provides written notice to the contractor detailing the defect, its cause, and the damage.
- The homeowner then allows the contractor to inspect the defect and determine how to fix it.
- The contractor must provide a written response to the homeowner within 90 days saying whether the contractor will fix the defect and damage, possibly making an offer of financial compensation to the homeowner or denying responsibility for the defect.
The homeowner and contractor are supposed to negotiate in good faith and submit to mediation to try and resolve any differences before going to court.
Amounts You Can Recover for a New Home Construction Defect
Nevada law is intended to help homeowners and contractors resolve issues involving property damage. The remedies provided under the law are limited to only economic damages suffered by the homeowner. Personal injury claims arising from a construction defect are not covered by NRS Chapter 40 and are not governed by its provisions.
A new construction homeowner may collect the following damages from a construction defect:
- Reasonable cost of repair
- Reasonable cost of temporary housing
- Reduction in the market value of the residence due to structural failure
- Loss of use of any part of the residence
- Reasonable value of other property damaged by the defect
- Cost of experts to determine the nature, extent, and repair of the damage
There is an additional remedy available to a homeowner that might be appropriate depending upon the severity of the construction defect. A homeowner and contractor may agree that the contractor will repurchase the home. The purchase price is the value of the residence without the defect. With this remedy, the homeowner may also collect costs for out-of-pocket expenses incurred because of the defect.
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Frequently Asked Questions About Las Vegas Construction Defects
What qualifies as a new home construction defect in Nevada?
In Nevada, a construction defect is generally defined as a flaw in the design, construction, or alteration of a residence that violates local building codes, presents an unreasonable risk of injury, or causes physical damage due to poor workmanship. These flaws are categorized as either patent defects, which are clearly visible, or latent defects, which remain hidden behind walls or under floors and are discovered much later.
How long do I have to file a construction defect claim in Las Vegas?
Under Nevada law, homeowners have up to 10 years from the date of "substantial completion" to bring a claim against a builder for a construction defect. This 10-year limit is known as the statute of repose and applies to both known and hidden defects. However, you must take legal action promptly after actually discovering the damage to ensure your claim is protected under specific statutes of limitation.
Do I have to let the builder fix the defect before filing a lawsuit?
Yes. Nevada requires homeowners to follow the Chapter 40 pre-litigation process before taking a builder to court. You must first serve the contractor with a formal "Notice of Defect." The builder then has a mandatory window, typically 90 days, to inspect the property, formally respond to your allegations, and offer to perform repairs or provide financial compensation.
What compensation can I recover in a Nevada construction defect case?
Under Chapter 40, Las Vegas homeowners are entitled to recover specific economic damages resulting from poor construction. You can seek compensation for the cost of repairing the defect itself, the cost of fixing any property damage caused by the failing component, temporary housing expenses if you must move out during repairs, and reasonable attorney fees.
Can I fix the defect myself and bill the builder later?
You should never attempt major repairs or hire an outside contractor before completing the Chapter 40 notification process. If you alter the defect before the original builder has their legal right to inspect and document the issue, you could destroy critical evidence and severely jeopardize your ability to recover any compensation. Always consult with the legal team at Paul Padda Law before beginning any structural repairs.
Contact a New Home Construction Defect Attorney at Paul Padda Law
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