Substantial Completion Under Common Law for Purposes of Nevada Statute of Repose Not Determined by Substantial Compliance With Specifications

摘要

The Supreme Court of Nevada ruled, in an action brought by a homeowners association against the developer for constructing defective rockery walls, that the claims were barred by the expiration of the state's six-year statute of repose. The court said that the six-year period began to run upon the substantial completion of the construction, the determination of which was separate from the determination of whether there was substantial compliance with the project specifications. Somersett Owners Association v. Somersett Development Company, LTD,-P.3d-, 2021 WL 3237184, 137 Nev. Adv. Op. 35, No. 79921 (Nev. July 29, 2021).