Dykema v. Del Webb Communities, Inc.

At issue in this case is when a notice of completion has been “issued” for purposes of determining the commencement date under Nev. Rev. Stat. 11.2055(1)(b) for Chapter 11’s construction defect statutes of repose. Appellants owned homes developed by Respondent. Approximately ten years after notices of completion of Appellants’ residences were signed, notarized, and recorded, Appellant served notices of construction defect on Respondent. Respondent moved to dismiss the claims on the grounds that their claims were untimely under Chapter 11’s statutes of repose for construction defect claims. Appellants opposed the motion to dismiss, arguing that the statutes of repose began to run on the date the notices of completion were recorded rather than the dates the notices of completion were signed and notarized. The district court dismissed the claims, concluding that they were time-barred under the ten-year statute of repose in Nev. Rev. Stat. 11.203. The Supreme Court reversed, holding that a notice of completion is “issued” on the date it is recorded, not when it is signed and notarized. View "Dykema v. Del Webb Communities, Inc." on Justia Law