11.202 Actions for damages for injury or wrongful death caused by deficiency in
construction of improvements to real property: Deficiencies resulting from willful
misconduct; fraudulently concealed deficiencies.
1. An action may be commenced against the owner, occupier or any person performing or
furnishing the design, planning, supervision or observation of construction, or the
construction of an improvement to real property at any time after the substantial
completion of such an improvement, for the recovery of damages for:
(a) Any deficiency in the design, planning, supervision or observation of construction
or the construction of such an improvement which is the result of his willful misconduct
or which he fraudulently concealed;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any deficiency.
2. The provisions of this section do not apply in an action brought against:
(a) The owner or keeper of any hotel, inn, motel, motor court, boarding house or
lodging house in this state on account of his liability as an innkeeper.
(b) Any person on account of a defect in a product. (1983, p. 1238).
11.203 Action for damages for injury or wrongful death caused by deficiency in
construction of improvements to real property: Known deficiencies.
1. Except as otherwise provided in NRS 11.202, no action may be commenced against the
owner, occupier or any person performing or furnishing the design, planning, supervision
or observation of construction, or the construction of an improvement to real property
more than 10 years after the substantial completion of such an improvement, for the
recovery of damages for:
(a) Any deficiency in the design, planning, supervision, or observation of construction
or the construction of such an improvement which is known or through the use of reasonable
diligence should have been known to him;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provision in NRS 11.190 and subsection 1 of this section, where
injury occurs in the tenth year after the substantial completion of such an improvement,
an action for damages for injury to property or person, damages for wrongful death
resulting from such injury or damages for breach of contract may be commenced within 2
years after the date of such injury, irrespective of the date of death, but in no event
may an action be commenced more than 12 years after thesubstantial completion of the
improvement. (1983, p. 1238).
11.204 Actions for damages for injury or wrongful death caused by deficiency in
construction of improvements to real property: Latent deficiencies.
1. Except as otherwise provided in NRS 11.202 and11.203, no action may be commenced
against the owner, occupier or any person performing or furnishing the design, planning,
supervision or observation of construction, or the construction, of an improvement to real
property more than 8 years after the substantial completion of such an improvement, for
the recovery of damages for:
(a) Any latent deficiency in the design, planning, supervision or observation of
construction or the construction of such an improvement;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provisions in NRS 11.190 and subsection 1 of this section, where
injury occurs in the eight year after the substantial completion of such an improvement,
an action for damages for injury to property or person, damages for wrongful death
resulting from such injury or damages for breach of contract may be commenced within 2
years after the date of such injury, irrespective of the date of death, but in no event
may a action be commenced more than 10 years after the substantial completion of the
improvement.
3. For the purposes of this section, "latent deficiency" means a deficiency
which is not apparent by reasonable inspection. (1983, p.1237).
11.205 Actions for damages for injury or wrongful death caused by deficiency in
construction of improvements to real property: Patent deficiencies.
1. Except as otherwise provided in NRS 11.202 and 11.203, no action may be commenced
against the owner, occupier or any person performing or furnishing the design, planning,
supervision or observation of construction, or the construction of an improvement to real
property more than 6 years after the substantial completion of such an improvement, for
the recovery of damages for;
(a) Any patent deficiency in the design, planning, supervision or observation of
construction or the construction of such an improvement;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provisions in NRS 11.190 and subsection 1 of this section, where
injury occurs in the sixth year after the substantial completion of such an improvement,
an action for damages for injury to property or person, damages for wrongful death
resulting from such injury or damages for breach of contract may be commenced within 2
years after the date of such injury, irrespective of the date of death, but in no event
may an action be commenced more than 8 years after the substantial completion of the
improvement.
3. For the purposes of this section, "patent deficiency" means a deficiency
which is apparent by reasonable inspection. (1965, p. 948; 1983, p. 1239).
For more legislation information, see the California Legislation Web Site at http://www.leginfo.ca.gov.
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