Construction-defects measure OK’d

Tuesday, May 18, 1999 | 12:17 p.m.

CARSON CITY -- An owner of a new home who discovers construction defects should be able to get them repaired within 45 days under a bill approved Monday by the Assembly.

Assemblyman Bernie Anderson, D-Sparks, said Senate Bill 32, "serves some of our needs," in the disputes between builders and home buyers, which have generated controversy, particularly in Southern Nevada.

The bill is a compromise among contractors, insurance companies and lawyers who represent homeowners in suits. It goes back to the Senate for agreement on amendments tacked on by Anderson's Judiciary Committee.

The bill requires a contractor who receives notice of a defect on a home up to 1-year-old to make repairs within 45 days if reasonably possible. Failure to comply is grounds for discipline by the state Contractors Board.

After a period of mediation, a homeowner who still isn't satisfied can sue the builder.

The bill says the first seller of a home must provide the buyer a soils condition report. And the owner must in turn disclose the document to subsequent buyers. Soil conditions are among the major causes of construction problems encountered in Nevada.

A homeowner also must disclose to a prospective buyer all the claims of defects that have been made to a contractor, whether or not the problems were solved.

The bill allows residents of such places as condominiums or planned unit developments to go directly to court rather than through negotiations to resolve any defects.

It sets up a procedure in the court to quickly handle the case and to bring in all the parties.