ney must submit the affidavit late, he shall file an affidavit concurrently with the service of the first pleading in the action stating his reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action. 3. In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and include, without limitation: (a) The resume of the expert; (b) A statement that the expert is experienced in each discipline which is the subject of the report; (c) A copy of each nonprivileged document reviewed by the expert in preparing his report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action; (d) The conclusions of the expert and the basis for the conclusions; and (e) A statement that the expert has concluded that there is a reasonable basis for filing the action. 4. In an action brought by a claimant in which an affidavit is required to be filed pursuant to subsection 1: (a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the claimant or his attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action; (b) The claimant or his attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and (c) The court may dismiss the action if the claimant and his attorney fail to comply with the requirements of paragraph (b). 5. An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action. 6. As used in this section, “expert” means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture. (Added to NRS by 2001 Special Session, 66) NRS 40.6885 Effect of compliance with or failure to comply with NRS 40.6884. 1. The court shall dismiss an action governed by NRS 40.600 to 40.695, inclusive, that is commenced against a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including, without limitation, an action for professional negligence, if the attorney for the complainant fails to: (a) File an affidavit required pursuant to NRS 40.6884; (b) File a report required pursuant to subsection 3 of NRS 40.6884; or (c) Name the expert consulted in the affidavit required pursuant to subsection 1 of NRS 40.6884. 2. The fact that an attorney for a complainant has complied or failed to comply with the provisions of NRS 40.6884 is admissible in the action. (Added to NRS by 2001 Special Session, 67) Miscellaneous Provisions NRS 40.6887 Submission of questions or disputes concerning defects to State Contractors’ Board; regulations. 1. A claimant or any contractor, subcontractor, supplier or design professional may submit a question or dispute to the State Contractors’ Board concerning any matter which may affect or relate to a constructional defect, including, without limitation, questions concerning the need for repairs, the appropriate method for repairs, the sufficiency of any repairs that have been made and the respective rights and responsibilities of homeowners, claimants, contractors, subcontractors, suppliers and design professionals. 2. If a question or dispute is submitted to the State Contractors’ Board pursuant to this section, the State Contractors’ Board shall, pursuant to its regulations, rules and procedures, respond to the question or investigate the dispute and render a decision. Nothing in this section authorizes the State Contractors’ Board to require the owner of a residence or appurtenance to participate in any administrative hearing which is held pursuant to this section. 3. Not later than 30 days after a question or dispute is submitted to the State Contractors’ Board pursuant to subsection 1, the State Contractors’ Board shall respond to the question or render its decision. The response or decision of the State Contractors’ Board: (a) Is not binding and is not subject to judicial review pursuant to the provisions of chapters 233B and 624 of NRS; and (b) Is not admissible in any judicial or administrative proceeding brought pursuant to the provisions of this chapter. 4. The provisions of this chapter do not preclude a claimant or a contractor, subcontractor, supplier or design professional from pursuing any remedy otherwise available from the State Contractors’ Board pursuant to the provisions of chapter 624 of NRS concerning a constructional defect. 5. If an action for a constructional defect has been commenced, the court shall not stay or delay any proceedings before the court pending an answer to a question or decision concerning a dispute submitted to the State Contractors’ Board. 6. The State Contractors’ Board shall adopt regulations necessary to carry out the provisions of this section and may charge and collect reasonable fees from licensees to cover the cost of carrying out its duties pursuant to this section. (Added to NRS by 2003, 2039; A 2005, 477) NRS 40.689 Preference given to action; action may be assigned to senior judge; assessment of additional expenses. 1. Upon petition by a party: (a) The court shall give preference in setting a date for the trial of an action commenced pursuant to NRS 40.600 to 40.695, inclusive; and (b) The court may assign an action commenced pursuant to NRS 40.600 to 40.695, inclusive, to a senior judge. 2. If the action is assigned to a senior judge upon petition by a party: (a) Any additional expenses caused by the assignment must be borne equally by each party involved; or (b) The judge may distribute any additional expenses among the parties as he deems appropriate. (Added to NRS by 1997, 2716) NRS 40.690 Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate. 1. A claim governed by NRS 40.600 to 40.695, inclusive, may not be brought by a claimant or contractor against a government, governmental agency or political subdivision of a government, during the period in which a claim for a constructional defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive. The settlement of such a claim does not affect the rights or obligations of the claimant or contractor in any action brought by the claimant or contractor against a third party. 2. A contractor or claimant may require a party against whom the contractor or claimant asserts a claim governed by NRS 40.600 to 40.695, inclusive, to appear and participate in proceedings held pursuant to those sections as if the party were a contractor and the party requiring him to appear were a claimant. The party must receive notice of the proceedings from the contractor or claimant. (Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1443) NRS 40.692 Notice not required to be given to intervener in action. A claimant who commences an action for a construction

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