ing that once a plaintiff rejects an offer within the statutory time period, the defendant has acquired a statutory right to recover attorney fees and costs if the plaintiff does not obtain a more favorable verdict.[34] Although a valid position, California’s policy lends greater finality to the offer-of-judgment process and is more easily applied. Additionally, we reject, for two reasons, other courts’ reliance on FRCP 68’s advisory committee note,[35] which states that all offers remain valid, so that settlements are encouraged. First, our Rule 68 differs substantially from the federal rule. Second, as previously discussed, we conclude that reducing the risk of trial by allowing multiple offers of judgment to control does not encourage settlement. Thus, we adopt the reasoning of our sister state California and hold that the most recent offer of judgment extinguishes all prior offers of judgment and is controlling for purposes of NRCP 68 and NRS 17.115.[36] Therefore, Horizon’s third offer of judgment in the amount of $100,000, exclusive of attorney fees and costs, is controlling. The Albioses were awarded $100,000, reduced by 5 percent for comparative negligence, resulting in a judgment of $95,000. Although this amount does not exceed Horizon’s third offer of judgment, we recently held that “pre-offer prejudgment interest must be added to the judgment when comparing it to the offer of judgment, unless the offeror clearly intended to exclude prejudgment interest from its offer.”[37] When, as here, the offer is silent regarding prejudgment interest and the intent of the offeror cannot be determined, we will presume that the offer includes prejudgment interest.[38] Although Horizon’s offer excluded attorney fees and costs, this exclusion was insufficient to alert the Albioses to the fact that prejudgment interest would also be excluded. However, because Horizon expressly excluded attorney fees and costs, only pre-offer prejudgment interest awarded on the $95,000 damages awarded can be considered. Thus, when $12,983.46 in pre-offer prejudgment interest[39] is added to the $95,000 verdict, the Albioses’ trial recovery was more favorable than Horizon’s third offer of judgment. As such, the Albioses were entitled to their attorney fees and costs.[40] Award of attorney fees The Albioses argue that the district court abused its discretion when awarding them attorney fees because the actual fees they incurred were much higher than the amount awarded by the district court. We agree. We must first address the fact that the Albioses sought and were awarded attorney fees under NRS 40.655 through a post-trial motion. Under NRS 40.655, attorney fees are an item of damages. Generally, “quantities of damages are determined by the jury . . . [and] claimants who fail to submit the attorney fees issue to the jury, and instead simply request fees in a post-trial motion, waive their right to those fees.”[41] Additionally, attorney fees requested as an element of damages must be specially pleaded and proved “just as any other element of damages.”[42] However, we recently stated in Shuette v. Beazer Homes Holdings Corp.[43] that recovery of attorney fees under NRS 40.655 is distinguishable from the limited special damages exception. Under NRS 40.655(1), attorney fees are recoverable “to the extent proximately caused by a constructional defect.” Thus, we held that when “a jury determines that the claimant is entitled to recover damages proximately caused by a constructional defect, a court can presume that the claimant is entitled to the recovery of attorney fees, whether or not the jury verdict explicitly so states.”[44] We then stated that the calculation of attorney fees is a matter traditionally reserved to the trial court.[45] Thus, although the Albioses filed their request for attorney fees in a post-trial motion, under Shuette , this was proper and does not preclude the Albioses from recovering attorney fees. When determining the amount of fees to award, the district court has great discretion, to be “‘tempered only by reason and fairness.’”[46] The district court is not limited in its approach for determining the amount of attorney fees to award, but it must conduct its analysis in light of the Brunzell v. Golden Gate National Bank[47] factors, “namely, the advocate’s professional qualities, the nature of the litigation, the work performed, and the result.”[48] The district court abused its discretion by failing to consider the Brunzell factors in awarding the Albioses only $50,000 in attorney fees. The district court commented that the Albioses’ counsel had performed admirably in litigating the case. The district court also noted the difficulty of the case, considering that it was the first constructional defect case to be brought by a single homeowner. It noted how remarkable it was that each side had charged a similar amount in fees and concluded that the fees were fair considering the time expended on litigation. Finally, the Albioses’ counsel produced a favorable result. Although the district court made those observations, it failed to consider them when determining the amount of attorney fees to award, setting an amount far below that actually incurred. The district court abused its discretion, and we therefore reverse that portion of the district court’s judgment that pertains to attorney fees. Prejudgment interest Award of prejudgment interest on entire verdict Horizon argues that the district court abused its discretion by awarding the Albioses prejudgment interest on the entire verdict because the general verdict form used did not distinguish between past and future damages, and the Albioses did not object to the use of this form. We review challenges to prejudgment interest awards for error.[49] Under NRS 17.130(2), “the judgment draws interest from the time of service of the summons and complaint until satisfied, except for any amount representing future damages.” The general rule is that it is error to award prejudgment interest on an entire verdict if “it is impossible to determine what part of the verdict represented past damages.”[50] But when there is nothing in the record to suggest that future damages were included in the verdict, prejudgment interest on the entire verdict is allowed.[51] Horizon argues that the future damages the Albioses sought included move-out expenses such as motel rooms, food expenses, moving expenses, storage expenses, and kennel expenses for their dogs. The Albioses argue that theses damages are not future damages but, instead, stem from past injuries that have already occurred but have yet to be cured. We agree. Our recent decision in Shuette provides analytical assistance. There, we stated that an award of prejudgment interest on an entire verdict in a constructional defect case could be proper because “the award represent[ed] only past damages[ ] . . . because the damages occurred when the homes were built, regardless of when the homeowners actually made or will make necessary repairs.”[52] Further, we opined that “unexpended costs to repair constructional defects, which necessarily occurred early on, should be treated as past damages, even though the defects will be repaired in the future. Thus, prejudgment interest should be applied to past ‘abatement’ damages.”[53] To repair a home’s constructional defects, it will often be necessary for the homeowners to first move out of the home and into temporary housing. Thus, move-out expenses, such as those sought by the Albioses, are a part of the abatement damages. Although the homeowners might not have yet repaired the home and, thus, not yet incurred move-out expenses, these damages “should be treated as past damages.” The district court did not err in awarding the Albioses prejudgment interest on the entire verdict. Prejudgment interest on costs and attorney fees The district court denied the Albioses pre

Vegas Law