Does NRS Chapter 40 Apply to Completed Blueprints for an Unfinished Residence?
The quick answer is "No". In Pankopf v. Peterson, ___ Nev. ___, 175 P.3d 910 (2008), the Pankopfs entered into a contract with Peterson for residential design and drawing services for a personal residence. Peterson provided blueprints for a personal residence, and excavation for the residence’s construction began. The plans failed to identify the types of trees that would be planted on the site as required by the Pankopf’s homeowner’s association, and the excavation process was halted. According to the Pankopfs, a number of deficiencies in Peterson's work ultimately prevented them from building their residence. The Pankopfs brought suit against Peterson, alleging that Peterson's plans contained numerous design defects, mistakes, omissions, and inaccuracies that prevented them from constructing the residence. Peterson subsequently filed a motion to dismiss under NRCP 12(b)(5), arguing that the Pankopfs failed to comply with certain requirements set forth in NRS Chapter 40 that applied in constructional defect cases. The Pankopfs argued that they did not make a claim for relief based on any constructional defect within the scope of NRS Chapter 40.
Posted by Jeffrey Steffen at 8:58 AM
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Categories: Blue Prints | Constructional Defects | NRS Chapter 40