Olson v. Richard

I disagree with the majority opinion’s conclusion that the Legislature, in enacting Chapter 40 of the Nevada Revised Statutes, intended to create a negligence cause of action against contractors and subcontractors for construction defects. In doing so, the majority ignores the plain language of the statutes as well as legislative history.

The majority asserts that NRS 40.640 establishes a statutory cause of action against a contractor for construction defects. The majority reaches this conclusion because a portion of the statute states that a contractor is liable for the acts or omissions of…