Construction disputes blend Nevada contract law with mechanic’s-lien statutes (NRS Chapter 108), change-order practice, and prompt-payment claims. Owners, general contractors, and subcontractors all carry deadlines that defenses harden behind if they’re missed.
What this practice area covers
Common contractor and construction disputes Dane handles
- Mechanic’s lien filing, foreclosure, and lien-release demands under NRS 108
- Change-order and scope disputes — written vs. oral changes
- Prompt-payment claims under Nevada law and prompt-pay penalties
- Performance and payment-bond claims
- Construction-defect claims and counterclaims under NRS 40.600 et seq.
- Pay-when-paid and pay-if-paid clauses — when Nevada courts enforce them
- Stop-notices and bonded-stop-notice procedures
Approach
Nevada Chapter 40 is easy to mishandle
Nevada’s NRS Chapter 40.600 et seq. construction-defect process imposes mandatory pre-litigation notice, inspection, and offer-of-repair procedures. Skipping or shortcutting them produces dismissal or fee-shifting against the claimant. Mechanic’s-lien deadlines under NRS 108 are equally unforgiving — recording and foreclosure windows are statutory and waived by inaction.
Dane represents owners, general contractors, and subcontractors across Reno-area projects, and coordinates with bonding companies, sureties, and design-professional defense counsel when the case requires it.
Frequently Asked Questions
Construction & contractor disputes — frequently asked questions
How long do I have to file a mechanic’s lien in Nevada?+
Under NRS 108.226, a contractor or subcontractor generally must record a notice of lien within 90 days after completion of the work or last day of furnishing labor and materials. Foreclosure must follow within six months of recording the lien.
What is a NRS Chapter 40 pre-litigation notice?+
NRS 40.645 requires the claimant to provide a written notice of constructional defects to the contractor before filing suit, allowing inspection and offer of repair. The procedure is mandatory for residential and certain commercial construction-defect cases. Skipping it can result in dismissal.
Are pay-if-paid clauses enforceable in Nevada construction contracts?+
Nevada courts generally enforce pay-if-paid clauses as a true condition precedent, but the language must be unambiguous. Pay-when-paid clauses are usually treated as timing provisions, not absolute defenses to payment.
Can I sue for delay damages on a Nevada construction project?+
Yes, but contracts often contain no-damage-for-delay clauses. Nevada courts enforce them with limited carve-outs (active interference, bad faith, unforeseen causes). The contract language and proof of cause-and-effect drive the case.
What’s the deadline to sue for a construction defect in Nevada?+
NRS 11.202 provides a ten-year statute of repose from substantial completion of the improvement, with an inner statute of limitations of six years for written contracts. The Chapter 40 pre-litigation procedure must be followed first.