ires, the words and terms defined in NRS 40.605 to 40.634, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1995, 2539; A 1997, 2716; 1999, 1440; 2001 Special Session, 67; 2003, 2041) NRS 40.603 “Amend a complaint to add a cause of action for a constructional defect” defined. “Amend a complaint to add a cause of action for a constructional defect” means any act by which a claimant seeks to: 1. Add to the pleadings a defective component that is not otherwise included in the pleadings and for which a notice was not previously given; or 2. Amend the pleadings in such a manner that the practical effect is the addition of a constructional defect that is not otherwise included in the pleadings. The term does not include amending a complaint to plead a different cause for a constructional defect which is included in the same action. (Added to NRS by 2003, 2034) NRS 40.605 “Appurtenance” defined. 1. “Appurtenance” means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more residences, but is not a part of the dwelling unit. The term includes, without limitation, the parcel of real property, recreational facilities, golf courses, walls, sidewalks, driveways, landscaping, common elements and limited common elements other than those described in NRS 116.2102, and other structures, installations, facilities and amenities associated with or benefiting one or more residences. 2. As used in this section: (a) “Common elements” has the meaning ascribed to it in NRS 116.017. (b) “Limited common element” has the meaning ascribed to it in NRS 116.059. (Added to NRS by 1995, 2539; A 1997, 2716; 1999, 1440) NRS 40.610 “Claimant” defined. “Claimant” means: 1. An owner of a residence or appurtenance; 2. A representative of a homeowner’s association that is responsible for a residence or appurtenance and is acting within the scope of his duties pursuant to chapter 116 or 117 of NRS; or 3. Each owner of a residence or appurtenance to whom a notice applies pursuant to subsection 4 of NRS 40.645. (Added to NRS by 1995, 2539; A 1997, 2717; 2003, 2041) NRS 40.615 “Constructional defect” defined. “Constructional defect” means a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance and includes, without limitation, the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance: 1. Which is done in violation of law, including, without limitation, in violation of local codes or ordinances; 2. Which proximately causes physical damage to the residence, an appurtenance or the real property to which the residence or appurtenance is affixed; 3. Which is not completed in a good and workmanlike manner in accordance with the generally accepted standard of care in the industry for that type of design, construction, manufacture, repair or landscaping; or 4. Which presents an unreasonable risk of injury to a person or property. (Added to NRS by 1995, 2539; A 2003, 2041) NRS 40.620 “Contractor” defined. “Contractor” means a person who, with or without a license issued pursuant to chapter 624 of NRS, by himself or through his agents, employees or subcontractors: 1. Develops, constructs, alters, repairs, improves or landscapes a residence, appurtenance or any part thereof; 2. Develops a site for a residence, appurtenance or any part thereof; or 3. Sells a residence or appurtenance, any part of which the person, by himself or through his agents, employees or subcontractors, has developed, constructed, altered, repaired, improved or landscaped. (Added to NRS by 1995, 2539; A 1997, 2717) NRS 40.623 “Design professional” defined. “Design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS. (Added to NRS by 2003, 2034) NRS 40.625 “Homeowner’s warranty” defined. “Homeowner’s warranty” means a warranty or policy of insurance: 1. Issued or purchased by or on behalf of a contractor for the protection of a claimant; or 2. Purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive. The term includes a warranty contract issued by a risk retention group that operates in compliance with chapter 695E of NRS and insures all or any part of the liability of a contractor for the cost to repair a constructional defect in a residence. (Added to NRS by 1995, 2540; A 1997, 2717; 1999, 1440) NRS 40.630 “Residence” defined. “Residence” means any dwelling in which title to the individual units is transferred to the owners. (Added to NRS by 1995, 2540; A 1997, 2717) NRS 40.632 “Subcontractor” defined. “Subcontractor” means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance. (Added to NRS by 2003, 2034) NRS 40.634 “Supplier” defined. “Supplier” means a person who provides materials, equipment or other supplies for the construction of a residence or appurtenance. (Added to NRS by 2003, 2034) NRS 40.635 Applicability; effect on other defenses. NRS 40.600 to 40.695, inclusive: 1. Apply to any claim that arises before, on or after July 1, 1995, as the result of a constructional defect, except a claim for personal injury or wrongful death, if the claim is the subject of an action commenced on or after July 1, 1995. 2. Prevail over any conflicting law otherwise applicable to the claim or cause of action. 3. Do not bar or limit any defense otherwise available, except as otherwise provided in those sections. 4. Do not create a new theory upon which liability may be based, except as otherwise provided in those sections. (Added to NRS by 1995, 2540; A 1997, 2717; 2003, 2041) Conditions and Limitations on Actions NRS 40.640 Liability of contractor. In a claim to recover damages resulting from a constructional defect, a contractor is liable for his acts or omissions or the acts or omissions of his agents, employees or subcontractors and is not liable for any damages caused by: 1. The acts or omissions of a person other than the contractor or his agent, employee or subcontractor; 2. The failure of a person other than the contractor or his agent, employee or subcontractor to take reasonable action to reduce the damages or maintain the residence; 3. Normal wear, tear or deterioration; 4. Normal shrinkage, swelling, expansion or settlement; or 5. Any constructional defect disclosed to an owner before his purchase of the residence, if the disclosure was provided in language that is understandable and was written in underlined and boldfaced type with capital letters. (Added to NRS by 1995, 2540; A 1997, 2718) NRS 40.645 Notice of defect: Required before commencement of or addition to certain actions; content; reliance on expert opinion based on representative sample; notice regarding similarly situated owners; persons authorized to provide notice; exceptions. 1. Except as otherwise provided in this section and NRS 40.670, before a claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional the claimant: (a) Must give written notice by certified mail, return receipt requested, to the contractor, at the contractor’s address listed in the records of the State Contractors’ Board or in the records of the office of the county or city clerk or at the contractor’s last known address if his address is not listed in t

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