40.640 - Liability of contractor.

40.640  Liability of contractor.  In a claim to recover damages resulting from a constructional defect, a contractor is liable for the contractor’s acts or omissions or the acts or omissions of the contractor’s agents, employees or subcontractors and is not liable for any damages caused by:

      1.  The acts or omissions of a person other than the contractor or the contractor’s agent, employee or subcontractor;

      2.  The failure of a person other than the contractor or the contractor’s agent, employee or subcontractor to take reasonable action to reduce the damages or maintain the residence;

      3.  Normal wear, tear or deterioration;

      4.  Normal shrinkage, swelling, expansion or settlement; or

      5.  Any constructional defect disclosed to an owner before the owner’s purchase of the residence, if the disclosure was provided in language that is understandable and was written in underlined and boldfaced type with capital letters.

      (Added to NRS by 1995, 2540; A 1997, 2718)