Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Wed Thu Fri Sat Sun Mon Tue

sponsored by
Business


Plea made for more judges to hear cases

Construction-defect litigation assailed

More judges are needed to hear construction-defect litigation in Las Vegas, and district courts should be able to dismiss cases without merit in a summary judgment, Nevada Supreme Court Chief Justice Mark Gibbons said Wednesday.

"I was a real estate lawyer and I understand the concerns of subcontractors about how long it took to hear cases," Gibbons said at the Nevada Subcontractors Association's monthly luncheon. "When I got to the Supreme Court, I wanted to change the standards of how we dismiss frivolous lawsuits."


Most Popular Stories
  • Expect to pay at Nugget's new tower
  • Fraud with Portent
  • Debt-ridden casino operators told to expect pressure
  • REAL ESTATE: Las Vegas home prices stabilize as threat of foreclosure flood wanes
  • REAL ESTATE: Short sales on the rise
  • GAMING COMPANY EARNINGS: Station drops $455.4 million
  • THE STRIP: License approved for Aria
  • Foreclosure wave continues
  • GLOBAL GAMING EXPO: Recession over? Don't bet on it
  • Airport suffers another decline




  • Gibbons has proposed an interim Court of Appeals for Nevada, the state with the largest population without a Court of Appeals.

    District Court cases are now appealed directly to the Supreme Court. Gibbons and colleagues hear everything from prisoners complaining about their food to drunken drivers appealing license suspensions.

    Gibbons said he's heard a lot of discussion about Nevada Revised Statutes Chapter 40, which covers construction defects and right-to-repair notification, and nobody seems to like it.

    "Lawyers say it's bad. They want to get rid of it," he said. "It's episodic. I don't know if there's a consensus between plaintiffs and contractors. There's the right to repair, but there's a big argument about the type of notification. There's these battles over what is proper notice."

    The Supreme Court developed a "reasonable threshold test" last year in a Chapter 40 case involving home builder D.R. Horton, giving trial court judges more discretion in "making the call" on determining proper notice, Gibbons said.

    State Sen. Mike Schneider said the right-to-repair law is not working well, and legislators need to tweak Chapter 40.

    "It can't be a 'gotcha' thing," he said. "They play 'gotcha.' If there really is a problem, give the contractor a fair opportunity to take care of it. I talked to one guy last week, an expert witness, and he said all they need is spilled paint to get it (defect litigation) started."

    Subcontractors spend more time in litigation than they do developing their business, Nevada Subcontractors Association executive director Cindy Creighton said.

    "The last phase of construction is now referred to as the lawsuit phase," she said.

    Local real estate attorney Aviva Gordon said Chapter 40 needs "substantial modification" on construction defects. Some home buyers are dragged into construction-defect litigation without their consent, she said.

    "It's horrible, especially in this economy where people are struggling as it is and their only alternative is to sell their house and they can't sell or refinance," Gordon said. "They're in the unenviable position of not being able to go through the course of foreclosure."

    Contact reporter Hubble Smith at hsmith@reviewjournal.com or 702-383-0491.

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 7 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Richard G. Franklin wrote on July 25, 2008 09:59 PM: This speech must have been scripted by the National Association of Home Builders. NRS 40 does NOT need more judges. NRS 40 needs MORE builders who follow the rules. Only 1 in perhaps 1000 NRS Notices turns into a law suit. That is because the builder fails to respond.
    NRS 40 is the builder's baby. They introduced it to give builders the right to repair. The problem is that they fail to repair. If they would build it right the first time they wouldn't have a need for a "right to repair law."
    Construction Defects are because of Human Error. An untrained underpaid workforce from a 3rd world country lead by a management team who with a hammer and a nail cannot accurately state what each is used for.
    When they say they don't build them like they use to it is right. They use to have a well trained well paid union work force. In a society they requires a license and training to cut hair, we don't require training for the workers who are working with life safety issues every day. Whose mistakes can lead to serious health and safety issues. Mold, sick buildings, etc?
    When you pay construction workers piece work rates, one thing happens. The workers are motivated to get finished faster. But you can only do certain task in a given amount of time. So corners are cut. Where 2 nails are required in a lateral brace only one gets used. Where a ground may be needed to be attached, it isn't because the electrical will work without it.
    This is just proof that Judges should be appointed rather than showing up at meetings of the contractors to make a pitch for campaign contributions.




    NLS wrote on July 25, 2008 02:08 PM: Hmm Schneider says NO ONE likes the "right to repair" law and chapter 40 -- Does he mean EVEN the homebuilders who spent a ton of lobby and campaign money to get it passed? How interesting. I guess they aren't happy with what they paid for this time?

    For anyone to claim that a lawsuit was filed over spilled paint is ludicrous, and disgusting that it would even be printed. We know of homeowners in the Las Vegas area with SERIOUS structural defects who attempt time and again to get proper repair -- critical words -- proper repair.

    This article isn't even journalism, it is a biased piece of propaganda trying to make it appear that homeowners buy a house hoping to hit the jack pot in a lawsuit. How ridiculous is that? All a homebuyer wants is what they paid for, a safe and sound home for their family to live their lives in. Far too often that is NOT what they are getting.

    If builders build the house right in the first place and use good materials following manufacturers directions there will be no lawsuits. Instead they spend a ton of money to protect themselves from liability for the shoddy work that they do. SHAME on them. What ever happened in this country? There was a time when a homebuilder took pride in construction. Today the greed has taken over and all they care about is the bottom line.

    The lack of consumer protection for the largest purchase a family ever makes is a crime that elected officials SHOULD be doing something about. Too bad consumers don't have the lobby ability that the industry has. Maybe then legislators would do the right thing for their constituents and pass a lemon law for houses. Do it right or BUY IT BACK.


    Robin Vircsik wrote on July 25, 2008 05:43 AM: State Sen. Mike Schneider is obviously out of touch with what his going on in the Las Vegas Community. When I bought my brand new Richmond American Home for $236K, it came with urine 4-5 feet high on several walls. Richmond American said, "By law, we don't even have to clean that up. We just paint over it."

    This area also had visible mold.

    For six weeks, Richmond American refused to clean up the urine and continued to insist that the mold was "dirt."

    Finally, Darcy Spears, a local investigative reporter became interested in my story. The threat of local media forced Richmond American to fix my house. The laws and outrageous attorney fees did nothing for me.


    Three years later, I had toxic mold in my kitchen due to a leaky dishwasher. The dishwasher was purchased at the Richmond American design center and was installed by Richmond American.

    Richmond American refused to accept responsibility. I filed a complaint with the Nevada State Contractors Board and won.

    Nevada needs a New Home Lemon Law that will protect new home buyers from being abused by irresponsible builders.

    Look what irresponsibility has done to the entire US economy thanks to the mortgage industry. Government officials have got to stop taking up for businesses at the expense of the oridinary citizens that purchase their goods. The failure of government to protect citizens is ruining our country.

    You have lost my vote, Senator Schneider.

    Sincerely,
    Robin Vircsik
    Founder, Las Vegas Lemonade
    We Protect Dreams
    http://lasvegaslemonade.org


    CSCH wrote on July 24, 2008 08:46 PM: That's tort reform propaganda talking. Here's how it really works for a homeowner with a defective house, even serious, well documented defects:

    First you try to resolve it with the builder and they stonewall you. They promise to come and look or fix it and never show up, or do cosmetic repairs. Either the builder or a 3rd party warranty co may force the homeowner into arbitration, rigged in their favor, and private. Right to repair laws are more hoops to jump thru. If one isn't prevented from suing by an arbitration clause, lawyers will tell the homeowner, "Sorry, there's not enough money in these cases for me to take them, and you'd probably never collect even if you win."

    The really persistent homeowners who learn to deal wtih these cases and hopefully do find a good lawyer can win if they stick with it, at least sometimes. But many times even if they win they lose money. States also limit what kind of damages you can recover so a win can still be a loss.

    Suing over paint spills? I don't think so.


    br wrote on July 24, 2008 07:40 AM: Yeah, that's what we need, another layer of judges.


    Buyer beware wrote on July 24, 2008 07:34 AM: The friendly courts headed by Gibbons will shurley fix it so the contractor wins.



    See political contributions. Is your name on the list or is the builder and subs?


    Buyer beware wrote on July 24, 2008 07:34 AM: The friendly courts headed by Gibbons will shurley fix it so the contractor wins.

    See political contributions. Is your name on the list or is the builder and subs?