Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?

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With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the statute of repose period for construction defect claims from a maximum of 12 years to six years from the date of substantial completion of a newly constructed improvement. Not only did AB125 dramatically shorten the statute of repose period, but it did it retroactively.

Originally published in Nevada Lawyer - September 2017. Nevada Lawyer is the official publication of the State Bar of Nevada. Their mission is to publish items of interest and importance to the Nevada legal community and to provide a forum for thoughtful and respectful commentary on current issues affecting their members.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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