oximately caused by a constructional defect: (a) Any reasonable attorney’s fees; (b) The reasonable cost of any repairs already made that were necessary and of any repairs yet to be made that are necessary to cure any constructional defect that the contractor failed to cure and the reasonable expenses of temporary housing reasonably necessary during the repair; (c) The reduction in market value of the residence or accessory structure, if any, to the extent the reduction is because of structural failure; (d) The loss of the use of all or any part of the residence; (e) The reasonable value of any other property damaged by the constructional defect; (f) Any additional costs reasonably incurred by the claimant, including, but not limited to, any costs and fees incurred for the retention of experts to: (1) Ascertain the nature and extent of the constructional defects; (2) Evaluate appropriate corrective measures to estimate the value of loss of use; and (3) Estimate the value of loss of use, the cost of temporary housing and the reduction of market value of the residence; and (g) Any interest provided by statute. 2. The amount of any attorney’s fees awarded pursuant to this section must be approved by the court. 3. If a contractor complies with the provisions of NRS 40.600 to 40.695, inclusive, the claimant may not recover from the contractor, as a result of the constructional defect, anything other than that which is provided pursuant to NRS 40.600 to 40.695, inclusive. 4. This section must not be construed as impairing any contractual rights between a contractor and a subcontractor, supplier or design professional. 5. As used in this section, “structural failure” means physical damage to the load-bearing portion of a residence or appurtenance caused by a failure of the load-bearing portion of the residence or appurtenance. (Added to NRS by 1995, 2541; A 1997, 2720; 2003, 2045) NRS 40.660 Nonacceptance of offer of settlement deemed rejection. An offer of settlement made pursuant to paragraph (b) of subsection 2 of NRS 40.6472 that is not accepted within 35 days after the offer is received by the claimant is considered rejected if the offer contains a clear and understandable statement notifying the claimant of the consequences of his failure to respond or otherwise accept or reject the offer of settlement. An affidavit certifying rejection of an offer of settlement under this section may be filed with the court. (Added to NRS by 1995, 2542; A 1999, 1442; 2003, 2045) NRS 40.665 Settlement by repurchase; certain offers of settlement deemed reasonable. In addition to any other method provided for settling a claim pursuant to NRS 40.600 to 40.695, inclusive, a contractor may, pursuant to a written agreement entered into with a claimant, settle a claim by repurchasing the claimant’s residence and the real property upon which it is located. The agreement may include provisions which reimburse the claimant for: 1. The market value of the residence as if no constructional defect existed, except that if a residence is less than 2 years of age and was purchased from the contractor against whom the claim is brought, the market value is the price at which the residence was sold to the claimant; 2. The value of any improvements made to the property by a person other than the contractor; 3. Reasonable attorney’s fees and fees for experts; and 4. Any costs, including costs and expenses for moving and costs, points and fees for loans. Any offer of settlement made that includes the items listed in this section shall be deemed reasonable for the purposes of subsection 1 of NRS 40.650. (Added to NRS by 1995, 2542; A 1997, 2721; 2003, 2046) NRS 40.667 Effect of written waiver or settlement agreement when contractor fails to correct or repair defect properly; conditions to bringing action; effect of failure to prevail in action. 1. Except as otherwise provided in subsection 2, a written waiver or settlement agreement executed by a claimant after a contractor has corrected or otherwise repaired a constructional defect does not bar a claim for the constructional defect if it is determined that the contractor failed to correct or repair the defect properly. 2. The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1, unless: (a) The claimant has obtained the opinion of an expert concerning the constructional defect; (b) The claimant has provided the contractor with a written notice of the defect pursuant to NRS 40.645 and a copy of the expert’s opinion; and (c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in NRS 40.600 to 40.695, inclusive. 3. The provisions of this section do not apply to repairs which are made pursuant to an election to repair pursuant to NRS 40.6472. 4. If a claimant does not prevail in any action which is not barred pursuant to this section, the court may: (a) Deny the claimant’s attorney’s fees, fees for an expert witness or costs; and (b) Award attorney’s fees and costs to the contractor. (Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1442; 2003, 2046) NRS 40.668 Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability. 1. Notwithstanding the provisions of NRS 40.600 to 40.695, inclusive, a claimant may not commence an action against a subdivider or master developer for a constructional defect in an appurtenance constructed on behalf of the subdivider or master developer in a planned unit development, to the extent that the appurtenance was constructed by or through a licensed general contractor, unless: (a) The subdivider or master developer fails to provide to the claimant the name, address and telephone number of each contractor hired by the subdivider or master developer to construct the appurtenance within 30 days of the receipt by the subdivider or master developer of a request from the claimant for such information; or (b) After the claimant has made a good faith effort to obtain full recovery from the contractors hired by the subdivider or master developer to construct the appurtenance, the claimant has not obtained a full recovery. 2. All statutes of limitation or repose applicable to a claim governed by this section are tolled from the time the claimant notifies a contractor hired by the subdivider or master developer of the claim until the earlier of the date: (a) A court determines that the claimant cannot obtain a full recovery against those contractors; or (b) The claimant receives notice that those contractors are bankrupt, insolvent or dissolved. Tolling pursuant to this subsection applies only to the subdivider or master developer. Notwithstanding any applicable statute of limitation or repose, the claimant may commence an action against the subdivider or master developer for the claim within 1 year after the end of the tolling described in this subsection. 3. Nothing in this section prohibits the commencement of an action against a subdivider or master developer for a constructional defect in a residence sold, designed or constructed by or on behalf of the subdivider or master developer. 4. Nothing in this section prohibits a person other than the claimant from commencing an action against a subdivider or master developer to enforce his own rights. 5. The provisions of this section do not apply to a subdivider or master developer who acts as a general contractor or uses his license as a general contractor in the course of constructing the appurtenance that is the subject of the action. 6. As used in this section: (a)

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