{"data":{"id":"us-nv/nrs-40.650","jurisdiction":"us-nv","citation":"NRS 40.650","heading":"Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty.","body":"1. If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response pursuant to paragraph (b) of subsection 2 of NRS 40.6472 and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, the court in which the action is commenced may:\n(a) Deny the claimant’s attorney’s fees and costs; and\n(b) Award attorney’s fees and costs to the contractor.\nÊ Any sums paid under a builder’s warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.\n2. If a contractor, subcontractor, supplier or design professional fails to:\n(a) Comply with the provisions of NRS 40.6472;\n(b) Make an offer of settlement;\n(c) Make a good faith response to the claim asserting no liability;\n(d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680; or\n(e) Participate in mediation,\nÊ the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive, do not apply and the claimant may commence an action or amend a complaint to add a cause of action for a constructional defect without satisfying any other requirement of NRS 40.600 to 40.695, inclusive.\n3. If a residence or appurtenance that is the subject of the claim is covered by a builder’s warranty, a claimant shall diligently pursue a claim under the builder’s warranty.\n4. Nothing in this section prohibits an offer of judgment pursuant to Rule 68 of the Nevada Rules of Civil Procedure or NRS 17.117 or 40.652.","path":["TITLE 3 — REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS","CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY","ACTIONS RESULTING FROM CONSTRUCTIONAL DEFECT","Conditions and Limitations on Actions"],"source_url":"https://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec650","current_through":"2025 session (NRS as revised 2026-08-25)","vintage":"","retrieved_at":"2026-09-03T05:51:30Z","sha256":"8952592c566df1d345d8cb6c1d6261dcf076f0b4e33f3a1e136a5059e7bc9b7a","source_id":"us-nv","stale":true,"prev":"us-nv/nrs-40.649","next":"us-nv/nrs-40.652"},"notice":"GroundRules: Original legal text. Not legal advice."}