Many buyers are unprepared

Launce Rake and Diana Sahagun

Sunday, May 14, 2000 | 10:52 a.m.

To file a complaint:

To check a contractor's license or file a complaint, call the Nevada State Contractors Board at 486-1100.

An attorney referral guide, a service of the Clark County Bar Association, is available at 595-5700.

In the battle over construction defects, individual homeowners often find themselves squarely in the middle.

Finding defects is bad enough; getting them repaired can be a long haul.

The best way to avoid the problem is to make sure a home is sound before signing a contract, everyone agrees. According to lawyers who represent homeowners, and the attorneys who represent the contractors, a surprising number of people don't know what they are buying.

"We think you should check your builder out, read your contract, understand what you're getting," said Mark Ferrario, an attorney who represents contractors.

Nancy Quon, a trial lawyer who represents homeowners in defect suits, suggests visiting a construction site, keeping on eye on construction while a home is going up.

There are other options.

Check out a builder and the contractors. Ask neighbors if they have had problems and if the company has responded to those problems.

Francis Lynch, another home defect trial attorney, advises getting a soils report -- a study that can help identify if the foundation slab will tilt or heave, one of the worst things that can happen to a new house.

One thing that all sides agree on: Hire an independent home inspector. Home inspectors can't find every problem in a house, but they can spot obvious defects. A new home inspection will range from $200 to $300, depending on size and amenities like swimming pools, area inspectors say.

And don't count on a county or city building department's inspector to identify defects. Many if not most potential problems won't turn up in the government inspection, said Robert Weber, head of Clark County's Building Department.

The Nevada State Contractors Board recommends getting at least three references on builders, keeping a file of all papers related to the construction and purchase of a new house, and verifying the licenses of all the contractors and subcontractors.

The contractors board and attorneys on both sides of the issue suggest that the first step in correcting a problem is to get in touch with the builder.

If you live in a subdivision with a homeowners association, they should know about the problem.

If those steps don't work, then the next alternative is usually filing a complaint with the contractors board. After receiving a complaint, a board investigator will meet with the homeowner and building contractor.

An investigation that uncovers legitimate defects will lead to an order to correct the problems.

People also can go to a lawyer, but the process can be long and isn't guaranteed to bring positive results. Lawyers usually will only take cases from a group of homeowners or a homeowners association, not an individual, warned Quon. Attorneys usually take those cases on a contingency basis, taking a percentage of any final settlement or judgment.

Finding a lawyer is only the first step. The complex laws governing construction defects provide for a mandatory mediation step to work out problems. If those problems can't be resolved, then the issue could go to court.