Construction defect bill OK'd

The Nevada legislature last week passed a construction defect bill that guarantees a contractor's right to repair and outlines the timetable and process.

It does not limit a homeowner's ability, however, to take a builder to court over the defect if it's not corrected.by committee Chairman Bernie Anderson (D-Washoe County) to work out their differences.

"There were sacrifices made during the negotiations ordered by Anderson," said Rick DeMar, executive officer with the Builders Association of Western Nevada in Carson City.

"The bill is not a panacea to construction legislation and litigation.

But it is certainly a step in the right direction by providing a firm timeline for both builders and owners."

That timeline determines everything from when a contractor has to inform residents of a defect - within 60 days after he finds out about the defect - to when repairs must be completed - 105 days if four or fewer homeowners are involved or 150 days of five or more residences are affected.

The bill also lays out the process by which a contractor can bring in a subcontractor or designer if they were involved in the defect as well as creating a definition of a defect, something that has been missing, said lobbyists for the construction industry.

"It ended up being a compromise, which most bills are," said Bob Jones, executive director, Builders Association of Northern Nevada in Reno.

"But the main thing we wanted was the right to repair which is the primary underpinning of the bill."

BANN plans to hold seminars to inform its members of the new rules before they take effect.

At press time, the bill had been sent to Governor Kenny Guinn for his signature.

Senate Bill 241 moved from the Senate to the Assembly Judiciary Committee where it was gutted and replaced with a lengthy amendment crafted by a broad building industry group called the Coalition for Fairness in Construction and the Nevada Trial Lawyers Association.

The two groups proposed the amendment in the 11th hour, after being told