NRS40.615. “Constructional defect” defined.  


Latest version.
  •   “Constructional defect” means a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance and includes, without limitation, the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance:

          1.  Which is done in violation of law, including, without limitation, in violation of local codes or ordinances;

          2.  Which proximately causes physical damage to the residence, an appurtenance or the real property to which the residence or appurtenance is affixed;

          3.  Which is not completed in a good and workmanlike manner in accordance with the generally accepted standard of care in the industry for that type of design, construction, manufacture, repair or landscaping; or

          4.  Which presents an unreasonable risk of injury to a person or property.

      (Added to NRS by 1995, 2539; A 2003, 2041)