Construction Law
Overview
The attorneys of Hutchison & Steffen's construction-defect practice bring extensive experience and a solid reputation with the select group of mediators, special masters, expert witnesses, plaintiffs' attorneys, developers' attorneys, and subcontractors' attorneys who dominate Nevada's construction-defect legal practice. The Firm is construction-defect panel counsel for Farmer's Insurance Exchange and Saint Paul Fire & Marine Insurance Company and has numerous individual clients in the construction industry. Additionally, the Firm's attorneys are experienced at representing owners, developers, and a broad spectrum of subcontractors. The attorneys of Hutchison & Steffen have litigated and tried many construction-defect cases and possess extensive educational and hands-on experience in the construction industry, providing a broad base for representing a variety of clients in construction-defect litigation.
To discuss a defect claim or project dispute with the Firm's construction attorneys, call 702.385.2500 in Las Vegas or 775.853.8746 in Reno, or contact Hutchison & Steffen online.
Understanding The Practice
What Is Construction Law?
Construction law covers the disputes that arise when a project goes wrong: defective work, unpaid contractors and suppliers, broken construction contracts, and the insurance questions that follow all of them. In Nevada, the center of gravity is constructional defect litigation under NRS Chapter 40, a statutory regime that defines what counts as a defect, requires detailed written notice before any lawsuit is filed, and gives the builder a formal opportunity to inspect and repair. A construction attorney guides clients through that process, whether the client is asserting the claim or answering it.
The defining feature of Nevada construction disputes is the calendar. NRS 11.202 imposes a six-year statute of repose that runs from substantial completion of the improvement, and it cuts off defect claims regardless of when the problem was discovered. Inside that window, the Chapter 40 notice, inspection, and repair sequence has its own deadlines, and mechanics lien rights under NRS Chapter 108 expire in a matter of months. These disputes move fast, and rights that are not exercised on time are simply lost.
Hutchison & Steffen works across the full cast of a construction project. The Firm represents property owners pursuing defect claims, developers and general contractors defending them, and a broad range of subcontractors who are frequently pulled into litigation over work that was only one piece of a larger job. The Firm also serves as construction-defect panel counsel for major insurers, which gives its attorneys an insider's view of how these cases are evaluated, reserved, and resolved on the carrier side.
Construction disputes rarely stay in one lane. Defect litigation raises the coverage and defense questions handled by our Insurance Litigation practice, project sales and land issues connect to Real Estate Law, and contract and payment fights often proceed as commercial claims of the kind described on our Business Law & Commercial Litigation page. Because the Firm is full service, those pieces are coordinated rather than handed off.
Common Disputes
Construction Matters We Handle
Constructional Defect Claims Under NRS Chapter 40
Water intrusion, soil movement, structural failures, and code violations all fall within NRS 40.615's definition of a constructional defect. We handle the entire Chapter 40 sequence, from the pre-litigation notice and expert investigation through inspections, repair elections, mediation, and trial.
Developer & General Contractor Defense
Developers and general contractors face defect claims that aggregate every problem on a project into a single action. We defend these cases with early expert evaluation, disciplined allocation of responsibility among trades, and coordination with carriers from the first notice.
Subcontractor Representation
Subcontractors are routinely named in defect litigation over a narrow scope of work. We defend subcontractors against overbroad claims, pursue indemnity and contribution where the contract documents support it, and protect payment rights while the larger fight proceeds.
Insurance Panel Counsel & Coverage Coordination
As construction-defect panel counsel for Farmer's Insurance Exchange and Saint Paul Fire & Marine Insurance Company, the Firm defends insureds in defect actions and understands how tenders, reservations of rights, and settlement authority actually work inside a carrier.
Mechanics Liens Under NRS Chapter 108
Nevada's mechanics lien statutes secure payment for those who improve real property, but only for claimants who follow the notice and recording rules precisely. We record and foreclose liens for contractors and suppliers, and we defend owners against liens that are inflated or procedurally defective.
Construction Contract Disputes
The Statutory Process
The NRS Chapter 40 Process vs. Construction Defect Litigation
Nevada requires most constructional defect claims to pass through a statutory pre-litigation process before any lawsuit is filed. Understanding how that process differs from litigation itself helps every party plan its next move.
| Factor | Chapter 40 Pre-Litigation Process | Defect Litigation in Court |
|---|---|---|
| Purpose | Give the builder notice of claimed defects and a chance to inspect and repair | Resolve liability and damages the pre-litigation process did not settle |
| How It Starts | Written notice under NRS 40.645 identifying the defects in reasonable detail | A complaint filed in Nevada district court after the notice process concludes |
| Key Steps | Expert investigation, builder inspections, repair or settlement elections, mediation | Pleadings, discovery, expert disclosures, motion practice, and trial |
| Deadlines | Statutory response and election periods measured in weeks and months | Court-managed schedule, all within the six-year repose period of NRS 11.202 |
| Who Participates | Claimant, builder, and frequently subcontractors and carriers brought in by tender | All parties joined in the action, often with special masters managing the case |
| Typical Outcome | Repairs, negotiated settlement, or a ticket to file suit | Judgment or settlement, with appellate review available |
Deadlines Drive These Cases
When to Involve a Construction Attorney
In Nevada construction disputes, the difference between a strong position and no position is usually measured in days. A mechanics lien recorded late is void. A Chapter 40 notice that omits required detail can stall a defect claim. A repose deadline that passes while an owner investigates quietly extinguishes the claim entirely. The right time to involve counsel is when the problem is first suspected, not when the deadline is visible.
For builders and subcontractors, the same clock runs in reverse. A Chapter 40 notice triggers response obligations and inspection rights that are easy to waive by inattention, and the tender of a claim to an insurer should happen immediately, not after strategy is set. Early coordination among the contract documents, the carrier, and the experts is what keeps a defensible case defensible.
This page is educational and is not legal advice, and no outcome in a construction dispute can be promised. What Hutchison & Steffen offers is three decades of Nevada construction-defect experience on every side of these cases, and a practice built around the deadlines that decide them.
Common Questions
Frequently Asked Questions
What is NRS Chapter 40?
NRS Chapter 40 contains Nevada's constructional defect statutes, NRS 40.600 through 40.695, which govern how defect claims must proceed. Before filing suit, a claimant must serve a detailed written notice of the defects, and the builder then has statutory rights to inspect the property and elect to repair or settle. The process is designed to resolve defects without litigation, and failing to follow it correctly can delay or jeopardize a claim.
How long do I have to bring a construction defect claim in Nevada?
Nevada's statute of repose, NRS 11.202, bars constructional defect actions brought more than six years after substantial completion of the improvement, no matter when the defect was discovered. Separate limitations periods and the Chapter 40 notice process operate inside that outer boundary. Because the repose period is unforgiving, owners who suspect defects should begin the investigation and notice process well before the deadline approaches.
What counts as a constructional defect?
NRS 40.615 defines a constructional defect to include workmanship, materials, design, or construction that violates applicable codes or ordinances, that presents an unreasonable risk of injury, or that is not completed in a good and workmanlike manner and proximately causes damage. Common examples in Nevada include water intrusion, stucco and roofing failures, soil and foundation movement, and plumbing or electrical deficiencies.
What is a mechanics lien and when must it be recorded?
A mechanics lien is a security interest in real property that Nevada law grants to contractors, subcontractors, and suppliers who improve the property but are not paid. Under NRS Chapter 108, a lien claimant generally must record its notice of lien within 90 days after completion of the work of improvement or its own final work, and earlier pre-lien notice requirements apply to many claimants. Missing these deadlines forfeits the lien, though contract remedies may remain.
Who can be held responsible for construction defects?
Responsibility in a Nevada defect case can reach the developer, the general contractor, the subcontractors whose scopes of work are implicated, and in some cases design professionals and suppliers. Liability typically follows the contract documents and the expert evidence about what failed and why, and insurance coverage shapes how the case actually resolves. Sorting real responsibility from reflexive finger-pointing is much of the work in these cases.
The information on this page is educational and is not legal advice. Reading it does not create an attorney-client relationship with Hutchison & Steffen. For guidance on a specific matter, contact the Firm at 702.385.2500 in Las Vegas or 775.853.8746 in Reno.