Judge Awards $17,478 versus a possible $454,178 in Las Vegas Construction Defect Trail.

Jun 28, 2021

Congratulations to our Las Vegas, Nevada partners!


Partners Robert C. Carlson, Megan K. Dorsey, and Eileen C. Luttrell obtained the Trial Court’s decision that awarded approximately 5.5% of plaintiff’s $325,000 settlement demand and 3.8% of plaintiff’s total requested damages at trial for plaintiff’s residential constructional defect claims.  The claims were initiated under Nevada’s NRS Chapter 40 right to repair statutes.  The plaintiff, owner of a single-family residence, sought $454,178 in NRS Chapter 40 damages arising out of alleged constructional defects in the foundation system causing damage throughout the residence.  Plaintiff alleged the extensive damage to the stucco, foundation, floor tiles, and significant cracking of drywall at ceilings in every room, was caused by differential movement in the foundation system of the home and underlying expansive soil conditions.  Plaintiff’s allegations also included deficiencies in roofing, windows, concrete driveway/walkways, landscaping/irrigation, plumbing system, HVAC system, and the electrical system of plaintiff’s home.  Plaintiff’s defect damages amounted to $141,182.00, including $82,589.82 for a cut-off wall around the perimeter of the home.  The Developer/General Contractor disputed the cause and severity of all allegations and damages claimed by the plaintiff and acknowledge that certain architectural conditions warranted repair.  Further, the Trial Court granted the Developer/General Contractor’s Motion to Strike Expert Fees and Costs, made at the close of plaintiff’s case for plaintiff’s failure to present evidence establishing fees and costs for expert services rendered by plaintiff’s four expert witnesses.  When the 8-day trial concluded, the Trial Judge disregarded Plaintiff’s $82,589.82 cut-off wall foundation repair and reduced Plaintiff’s $126,182.50 cost of repair amount by $108,704.65.  The Court did not award anything to Plaintiff for his $15,000.00 loss of use claim.