Barrett v. Eighth Judicial Dist. Court

Petitioners found allegedly defective plumbing parts in their residences. Petitioners provided Nev. Rev. Stat. Ch. 40 prelitigation notice to the general contractor/developer, Centex Homes, informing it of the alleged defect. Centex forwarded the notice to various subcontractors and suppliers, including Uponor, Inc. Uponor declined to make repairs. Petitioners filed a complaint against Centex, and Centex filed a third-party complaint against numerous subcontractors, including RCR Plumbing & Mechanical, Inc. RCR filed a fourth-party complaint against Uponor. The district court stayed the proceedings and directed RCR to provide Uponor notice of the construction defectsafter Uponor moved to dismiss the fourth-party complaint against it based on lack of notice. Once RCR provided notice, Uponor made repairs. Petitioners sought an extraordinary writ arguing that neither they nor RCR were required to give Uponor Chapter 40 notice and an opportunity to repair prior to RCR’s filing of its fourth-party complaint. The Supreme Court issued a writ of mandamus, holding that claimant homeowners or subcontractors are not required to give notice to other subcontractors, suppliers, or design professionals prior to commencing or adding an action against them. View "Barrett v. Eighth Judicial Dist. Court " on Justia Law