76th (2011) Session
Opinions
View all submitted comments for each bill by the most recent, by votes for, or by votes against.
| AB285 | ||
| - | ||
| For | Apr-27-2011 | |
| For | I desire that that they conduct an IMMEDIATE VOTE on AB285—we must move this bill out of committee | Apr-26-2011 |
| Against | Apr-22-2011 | |
| For | Apr-20-2011 | |
| For | The current construction defect law has had a detrimental effect on the construction industry as a whole, my business and the livelihood of many of my friends and co-workers. I am requesting an immediate vote on AB285. Something must be done now! | Apr-20-2011 |
| For | I beleive this bill finally is addressing this out of control situation. Attorney's from both sides really have no interest to settle. They are both drawing checks from the insurance companies. The right to repair SB is a joke. Being involved in several hundred CD cases and never been given a chance to repair alledged defects as the settlement happens each and every time. I am in favor of this bill. | Apr-20-2011 |
| For | Current Chapter 40 (construction defect) legislation, while well intenioned, has created a form a legal extortion for plaintiffs. The original intention of Chapter 40 was to allow both homeowners and contractors the opportunity to systematically take care of costruction defects. What has happened is that attorneys have used this legislation as a mechanism to attack design professionals and contractor's insurance poilicies for large sums of money by naming each and every design professional and contractor that works on a project. Insurance firms, not wanting to spend hundreds of thousands of dollars on expensive litigation, will settle for tens of thousands of dollars even when their client has no liability. When the dust settles, the attorneys are the ones that are paid first and in full, while most times the homeowners are left with insufficient funds to repair defects. | Apr-20-2011 |
| For | Apr-19-2011 | |
| For | Apr-19-2011 | |
| Against | Apr-19-2011 | |
| For | I request that there be an immediate vote in support of AB285. Frivolous construction defect claims have been damaging for our business. Our firm has been pulled into several claims that appeared to be a flock shoot at all of the professionals, contractors and suppliers who were invloved in the projects. In several cases, our professional liabilty insurer has decided to settle rather than try the cases. Although there was no proof or determination of fault on our part, the settlements resulted in increase of our professional liability insurance premiums. | Apr-18-2011 |
| For | Apr-18-2011 | |
| For | I spent my entire adult life(30 years)building homes for a very successful builder in Northern NV. Was laid off in 2009 in large part to this one sided law and the slow down in our economy. The combination was devastating. It's pretty bad when these lawyers can focus on certain builders and take advantage of unknowing homeowners at the same time. Homeowners really don't gain anything by this law. Don't even think of selling your home without disclosing this because it's now public record claiming a defect. It has cost our industry jobs and put company's out of business all for selfish greed. I don't know anyone that wants to put themselves through this liability again. Maybe if we take away their incentive to pursue cases we could get our jobs and economy going again. You have my support. | Apr-18-2011 |
| For | Apr-18-2011 | |
| For | requesting an immediate vote on AB285 | Apr-18-2011 |
| For | The company that I work for Bailey and Dutton Homes, a long time local family owned sub division builder and land developer is not planning to move forward with new construction do to the problems associated with Chp 40 liability. | Apr-18-2011 |
| For | Apr-15-2011 | |
| For | Apr-15-2011 | |
| For | We need to change laws governing construction defects in Nevada for the overal enocmic well being of the state of Nevada. No other state in the Nation has such one sided BAD laws. The attorneys have no reason to get homes fixed thier only motovatiobn is running up costs and fees | Apr-15-2011 |
| For | Please conduct an immediate vote on this bill. This bill must move out of committee. Our industry survival depends on it. | Apr-14-2011 |
| Against | Apr-14-2011 | |
| For | AB285 contains language that is absolutely crucial to removing the financial incentives that is spawning the proliferation of construction defect actions statewide. | Apr-14-2011 |
| For | Apr-14-2011 | |
| For | Apr-14-2011 | |
| For | Apr-14-2011 | |
| For | Apr-14-2011 | |
| For | Witout this bill, homebuilding will not recover in NV. There is absolutely no incentive for contractors or subs to work on any new homes (especially tract homes) knowing that they will be sued down the road whether they performed quality work or not. The insurance premiums are through the roof, as the insurance companies know that they will get claims from virtually all of their clients. | Apr-14-2011 |
| For | This is a much needed reform measure to get the housing industry back to work. | Apr-14-2011 |
| For | Fairness. | Apr-14-2011 |
| For | Apr-14-2011 | |
| For | It it my belief that without this bill, current abuses will not be resolved. Our State can ill afford further insults to the construction industry, which has provided so much to our state. | Apr-14-2011 |
| For | conduct an immediate vote on bill AB285. We must move this bill out of committee | Apr-14-2011 |
| For | Apr-14-2011 | |
| For | PLEASE CONDUCT AN IMMEDIATE VOTE ON THIS BILL TO GIVE THE CONSTRUCTION INDUSTRY A CHANCE OF RECOVERY FOR THE FUTURE. | Apr-14-2011 |
| For | Apr-14-2011 | |
| For | Chapter 40 is just a profit center for Attorneys. People are losing jobs as their construction employers are being forced to close their doors because of this chapter. Please......We need AB285 to save this industry. | Apr-14-2011 |
| For | Apr-14-2011 | |
| For | requesting an immediate vote on AB285 | Apr-14-2011 |
| For | Apr-14-2011 | |
| For | This bill helps correct a grossly unfair law. | Apr-14-2011 |
| For | Apr-14-2011 | |
| For | Apr-14-2011 | |
| For | This bill is affecting the construction industry in Nevada. The effects of unscrupulous attorneys and lawsuits in regards to construction defects has affected my family in numerous ways. My son is trained in the construction industry and is unable to find a job due to the costs incurred to construction business as their insurance rates are sky-high. Please pass this bill. | Apr-14-2011 |
| For | If this bill is not passed it is going to put my company out of business and i will have to lay off 15 employees at Precision Plumbing & Heating. Thank-you Jerry Kunze President Precision Plumbing & Heating, Inc. | Apr-14-2011 |
| For | I know you all do not think this is important but if you look at the small buisnesses that have closed their doors because of poor Chapter 40 laws and if you care at all about the families that are striving to make ends meet after their companies shut down than you need to look away from special interest and favors and do what is right for the people of Nevada. I know the goverment today has no interest in the psople they represent but the cost to the state in lost revenue may get you attention. Please overlook the favors being offered by trial lawers adn do what is right for a change!! Thank you. | Apr-14-2011 |
| For | I desire that this bill get an IMMEDIATE VOTE. | Apr-13-2011 |
| For | the current system is an absolute JOB KILLER for the construction industry in the State of Nevada. Please level the playing field. This is not a big ask for the construction industry from our elected officials. Take action on frivilous lawsuits and help both consumers and the construciton industry get back to work today. | Apr-13-2011 |
| For | Please support AB285 | Apr-13-2011 |
| For | Please conduct an immediate vote on AB285. We desperately need this bill to be moved out of committee. If our economy is to experience any kind of resurgence, these frivolous lawsuits must somehow be curtailed. Contractors are already struggling just to keep their doors open and this is soaking up any possible profit they may have and severely hurting our employment numbers. My husband has a plumbing business which had provided over 71 families with a job and a livelihood. Now, he is employing only 7 to 10 men and it has broken his heart to have laid off the remainder of the work force. Any time he thinks he might be getting "out of the red", he gets hit with another one of these ridiculous lawsuits and has to settle by paying thousands of dollars. He cannot entertain the idea of putting more people to work because he simply cannot pay their salaries while these lawsuits are permitted to continue. By the way, these "construction defects" are often little things like a loose screw or regular homeowner maintenance that has been neglected over sometimes more than a decade. We really need your help..... Thank you. | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Please pass this revision immediately to protect the few remaining contractors who haven't succumbed to the economy and this burdensome legislation. | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Vote YES on this Bill | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Please take this seriously. For all of us who worked diligently to try and create fair legislation for construction defects, it is now time for the legislatures to do what is right and stop rewarding attorneys who are filing these frivolous suits. | Apr-13-2011 |
| For | This Bill is driving the cost of building homes up and forcing many subcontractors out of business. Let's just amend it to be fair, especially in cases where no defect exists. I'm a advocate of "if it's wrong fix it", but this Bill is just making attorneys wealthy and not fixing anything. | Apr-13-2011 |
| For | Conduct an immediate vote! | Apr-13-2011 |
| For | conduct an IMMEDIATE VOTE | Apr-13-2011 |
| For | It is imperative to revise the original "Chapter 40" bill to eliminate automatic attorneys fees for plaintiff's attorneys. The standard for awarding attorneys fees in Nevada has always been to the "prevailing party." The structure of the current Chapter 40 allows the plaintiff's attorney to run up fees and costs knowing that he will get paid, no matter the outcome. Imagine if this language was used in all torts! The legal system in Nevada would not be able to handle all the cases that would be filed. It is important for contractors to make good on their product and do realistic repairs during a shortened specified time (1-3 years). However the current bill has allowed people to go back 10 years and then their attorneys are paid hundreds of thousands of dollars and the plaintiff receives their $25,000 repair. Please, please change the law to make it fair to the construction industry! | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Please conduct an IMMEDIATE VOTE on AB285. For the past four to five years we have received so many of these chapter 40 suits we have lost track. In the last week we have received close to 100 (all from the same Law Offices) on homes we did not even work on. But because they were mailed to us we must spend time defending ourselves. Not to mention the time and cost these suits have cost over the last four or five years!! We are struggling to stay in business - if these lawyers are not stopped immediately we may not have any choice but to close our doors. | Apr-13-2011 |
| For | I work in one of the industries hardest hit by the housing bubble and the recession. I feel it is imperative that this bill pass to stop the illegal extortion that the defect attorneys are commiting. | Apr-13-2011 |
| For | This bill absolutely needs to pass to fend off the ability that allows certain attorneys to outright steal from the contracts and the insurance companies. The entire ch. 40 needs to be overhauled. Currently it is a license to steal. How can five law firms amassed over a billion dollars in claims, shameful | Apr-13-2011 |
| For | Please vote ASAP | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | come on let's help the people who pay the taxes and produce income instead of the parasites who benefit by legal manipulation for their selfish gain! | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | requesting an immediate vote on AB285 | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | There should be no attorneys fees granted unless the party that is included as part of the Chapter 40 had fault. It's not fair. | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Protect homeowners without destroying sub-contractors ... it is an issue of basic fairness versus the greed of specializing lawyers. | Apr-13-2011 |
| For | Please vote in favor of this bill to reduce frivolous lawsuits. The homeowners still maintain their rights to have legitimate repairs done without the excessive attorneys fees resulting from settlements. The current system is bankrupting contractors and enriching lawyers. | Apr-13-2011 |
| For | This is a no brainer. Please pass this bill and stop encouraging lawyers pursue construction defect as a business strategy. | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | As co-owner of a contracting firm in Nevada, I respectfully urge legislators to vote in favor of AB285 to curb exorbitant legal fees awarded to attorneys in constructional defect cases. While many recall the heyday of construction, recent legal abuses in NRS Chapter 40 construction defect law now threaten our industry, jobs, and our state’s fragile economy. Chapter 40 protects homeowners in the event of defects and allows contractors the right to repair defective work in the first 10 years a home is built. As a reputable contractor, we take pride in doing work right the first time. However, if mistakes are made we want to make it right for the homeowner. Unfortunately, the greed of some in the legal community has circumvented the fundamental intent of this law. Unethical attorneys use tactics like soliciting homeowners at HOA meetings or sending multiple letters inviting participation in defect claims, promising financial gain if cases are won. My company was recently served with 3 new Ch. 40 cases and 67 single claims in one day. Every contractor on a given home is named regardless of the alleged defect. We must all defend ourselves legally whether our work is implicated or not. Claims are so widespread and the process so absurd that we have been served for homes on which we never worked! One case with a mediator sought to resolve a home claim with $27K in repairs. Our work was deemed to have no defects, yet we were asked to pay $5K of the repairs and contribute $32K toward attorney’s fees! Attorneys were awarded 4-5 times more in legal fees than the homeowner received for repairs. We urgently need AB285 to prevent such abuses. Attorneys find easy money filing thousands of defect cases, many without merit. Instead, insurance companies settle because it’s cheaper than fighting lawyers in court. This ludicrous process is driving contractors out of business. As legal defense and liability insurance costs mount and contractors close their doors | Apr-13-2011 |
| For | As a former Building Inspector, I can attest to the quality construction of a great number of homes. Builders, in my opinion, are eager to maintain that quality,and will quickly respond to problems if given a chance. Trial lawyers--construction defect attorneys--are actively SOLICITING defect cases, and approaching homeowners and HOAs with promises of easy money..."just let us in to inspect". Most of these homeowners had no prior complaints, but are lured with promises of financial reward for trivial issues such as cracked caulking or sagging and clogged gutters (these are maintenance issues, by the way, not defects). Then, a pre-litigation notice is sent to the builder, and the attorney's fees begin adding up. It will drag on for months and months, all with the lawyers' "fee clock" ticking. Eventually, the majority of these trivial and frivolous cases are settled, but because of the "automatic awarding of fees" provisions in the current law, these attorneys are getting huge fees paid to them, and homeowners are given other, smaller sums to "fix" things they never deemed a problem in the first place. THIS MUST BE CORRECTED. I know of many, many construction workers who no longer have a job because their company has closed--builders and subs just can't afford to fight this tremendously unfair issue any longer. Please...VOTE ON AB285 RIGHT NOW!!! This state needs a construction industry that can afford to put people back to work. | Apr-13-2011 |
| For | Apr-13-2011 | |
| Against | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | The changes to Chapter 40 proposed by AB 285 will have a significant positive impact on the home building industry, and the Nevada economy, without compromising the rights of homeowners. The opponents against AB 285 (primarily the trial lawyers known as the “Nevada Justice Association”) attempt to downplay how attorney fees under Chapter 40 have incentivized attorneys to solicit homeowners to hire them to handle construction defects. The solicitation takes the form of advertising by flyers, mailers, door hangers, and knocking on doors. This creates an environment where the attorneys convince unsophisticated homeowners to engage them for the purpose of alleging as many construction defect claims as possible regardless of the merit of the claims. This practice has adversely impacted the construction industry and it efforts to repair legitimate construction defects. Contrary to the contentions of the opponents, there are effective means to pursue legitimate construction defect claims for homeowners that will remain available even if the legislature eliminates the attorneys fees provision in Chapter 40. Arguing against elimination of attorneys fees in Chapter 40, opponents assert that homeowner will not be able to enforce their rights. Respectfully, that is simply not so. It is well established that homeowners can obtain relief through the courts and/or the Nevada State Contractors Board without the attorneys fees provision. In fact, a significant number of the claims are already in the courts. The courts will continue to retain the power to award attorneys fees under certain circumstances under the provisions mentioned in AB 285. The Nevada Justice Association is advocating for their own benefit, not the benefit of homeowner. For example, the Nevada State Contractors Board has the authority to investigate claims and determine whether a construction defect exists without the homeowner engaging an attorney. Furthermore, if the Nevada State Contractors Boa | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Please pass AB285; it is an important amendment to Chapter 40. I feel that both parties, the home owner and the companies involved in the construction of the home, need to be protected. As Chapter 40 exists the group that benefit from the action is the petitioning attorneys. As of now they will get their fees and any fees that they have acquirer such as expert fees and fee associated with the discovery phase. Even if a firm is let out of the procedure there are fee that are passed on to the firm’s insurance company plus the fee a firm needs to pay out to their attorneys. I feel that if this "automatic attorney fees" are taken of the mix it will make it less inviting for lawyer firm to start these proceedings without more conversation between homeowner and builder before involving chargers for experts and enormous fees. The Chapter 40 proceeding as they stand now are a drain on the homeowners lives and construction firm dwindling bank accounts. Please consider the passing of AB285. | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| For | Apr-13-2011 | |
| Against | The average Nevadan can't possibly get his construction defects fixed without being able to be awarded attorney's fees, which AB 285 prohibits. | Apr-13-2011 |
| For | Apr-13-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | I have been a builder in Las Vegas for nearly 20 years. We strongly urge you to act favorably on AB 285. The ease with which a legal firm can be awarded legal fees has made it nearly impossible to avoid extensive chapter 40 actions in home construction. Many good companies and individuals in our industry have decided to move elsewhere due to our Chapter 40 situation. The high costs of the litigation brought on by trial lawyers will continue to be borne by the public, passed on via higher insurance costs embedded in the price of our homes. Thank you. | Apr-12-2011 |
| For | My Husband is in the construction industry and reform of this bill is crucial for him and others to keep their jobs. | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | I would like to request an immediate vote on AB285. | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | This is a much more equitable method to deal with attorney's fees in construction defect litigation. The current law allows and encourages predatory litigation. | Apr-12-2011 |
| For | Fix Chapter 40 | Apr-12-2011 |
| For | would like to see an immediate vote on this bill | Apr-12-2011 |
| For | This is proven to hurt not help protect homeowners. Please pass this | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | This is critically important legislation in terms of protecting what is left of Nevada's construction industry. The current litigation environment allows for abusive practices and frivolous lawsuits to be filed. I've personally seen the results - far longer time required to make appropriate repairs for homeowners, customers led to believe their homes are falling apart when nothing is wrong (with untold stress and mental anguish along the way), small business owners choosing to file for bankruptcy rather than continue to endure frivolous lawsuits, other business owners unable to add jobs due to escalating insurance costs, and unfairly enriched construction defect attorneys. Today, a "defect" can literally consist of a common maintenance item - cracked caulking or grout for instance - that could generate thousands in expert testimony and attorney's fees, instead of 5 minutes of work by a handy man or do-it-yourselfer. This is simply unconscionable. | Apr-12-2011 |
| For | I believe an immediate vote on this bill is necessary. | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | I support AB285 | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | Requesting an immediate vote on AB285. | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| For | Any improvements to the flawed Chapter 40 process will help! | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | We are subcontractors in Southern Nevada and Chapter 40 is draining any profit we are able to eke out. We have no extra to purchase equipment or hire more employees. Legal fees and insurance deductibles are killing us. | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | I am requesting an immediate vote on AB285. | Apr-12-2011 |
| For | support for AB285 | Apr-12-2011 |
| For | Ch40 is legalized insurance extortion. Reform is needed this session to protect homeowners and homebuilders from the corruption it is breeding. | Apr-12-2011 |
| For | "requesting an immediate vote on AB285." | Apr-12-2011 |
| For | I request an immediate vote for this bill. | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | This bill needs to be approved and passed at the earliest. Very crucial to Nevada's construction industry and Nevada's economy as a whole. | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | requesting an immediate vote on AB285 | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | This bill should be voted upon immediately. | Apr-12-2011 |
| For | requesting an immediate vote on AB285 | Apr-12-2011 |
| For | I am requesting an immediate vote on AB285 | Apr-12-2011 |
| For | I think this a very important bill that needs to be moved out of Committee. It has effected the construction industry by giving attorneys unfair fees. Since many of these construction defect cases never go to court, attorneys are taking advantage of this by involving anyone who has ever stepped foot on a site so that insurance deductibles are all kicked in, thereby increasing everyone's chances of being denied insurance because so many cases are choking the system. | Apr-12-2011 |
| For | I am requesting an immediate vote on AB285.We as sub contractors take alot of pride in our bussiness. We have never turned away a homeowner with a warranty issue even after it has exceeded the builders warranty. It is time for our goverment do something to protect the contractors that build and employee the Nevada economy and stop the money hungry attorneys from getting rich at the home owners and contractors expense. | Apr-12-2011 |
| For | Request an immediate vote on AB285. Thank you! | Apr-12-2011 |
| For | The Coalition for Fairness in Construction reported that a "cusory review of websites shows that just five of the legion of construction defect plaintiff attorneys now practicing in this State have been collectively awarded more than $1 BILLION." This is obscene and show the extent of the abuse from the attorneys representing the claimants. Two things I know for sure - there are not this many "defective" homes and the homeowners are not the ones benefitting. | Apr-12-2011 |
| Against | Take the time to do it right the forst time so you don't have to do it right the second time. Be a Master of your trade & you will be justly rewarded. | Apr-12-2011 |
| Against | Plese vote NO on AB285 & SB306. Thank you. | Apr-12-2011 |
| For | This is so important to the economy of Nevada. Nevada's economy will NOT recover until the contruction industry recovers. The construction industry will NOT be able to recover until this flawed law (Chapter 40) is corrected. | Apr-12-2011 |
| For | It is time to stop attorneys from unjustly enriching themselves and extorting money from insurance companies and contractors often leaving the client/home owner under compensated | Apr-12-2011 |
| For | I am requesting an immediate vote! | Apr-12-2011 |
| For | REQUESTING AN IMMEDIATE VOTE ON AB285 | Apr-12-2011 |
| For | Apr-12-2011 | |
| For | Apr-12-2011 | |
| Against | Apr-12-2011 | |
| For | Assembly Person, I was at the Judiciary Committee hearing yesterday to speak in favor of AB285. Unfortunately time did not allow me to do so. I was the general manager of a major Reno homebuilder for nearly 15 years. I am in favor of AB285. I cannot support AB401, which is a token offering by the Speaker to the homebuilding industry, unless it includes the attorney’s fee provision of AB285. There cannot be a further compromise. AB285 is the compromise! The guaranteed attorneys’ fees are the crux of the problem, and until such fees are brought in line with other types of civil litigation, we will continue to have a lopsided Construction Defect process. If you need compromise, throw out the other provisions of AB401 and just address attorneys’ fees as in AB285. Under AB285 plaintiffs with valid claims will still be able to get relief and be compensated, but it will remove the incentive for law firms to solicit entire communities and to expand the issues beyond valid construction defects. I sensed a lot of “game playing” around this issue. This is not how laws should be made. Our industry is crying out to you and has been for years. PLEASE HEAR US! It is a large industry and encompasses many people in the State. AB 285 is about keeping businesses in business and keeping their employees employed. The opponent trial lawyers, a small but influential group, only want to maintain their lucrative status quo. If we do not change Chapter 40 to make the law and its process more equitable: • Subcontractors will shut down and quit building houses; • Many homebuilders will quit operating in Nevada; • Insurance will not be available; • As housing demand improves there will be a lesser supply resulting in higher prices than the rest of the County; • The costs of houses to cover the litigious nature of Chapter 40 will further increase the price of houses. You are playing with the livelihood of your constituents and the economic vitality of our State. | Apr-12-2011 |
| For | Chapter 40 inadequacies will cost my company over $1,000,000 in legal fees for filings that are 95% frivilous or meritless. Additionally claims are sitting dormant for over a year with no action by claimants counsel. Homeowners are being used, misled and their issues are not being addressed. Those HO's who have opted out of chapter 40 have had all their issues resolved in 2-3 weeks on average. I have had to use Judge Fondi as a special master in order to get the chapter 40 process moving forward in order to resolve HO's issues. Again at my company's cost. I request an immediate vote on this matter. | Apr-12-2011 |
| For | I work in the construction industry for an owner that would go bankrupt before he would turn his back on a mistake made by his company. He has proven that many times over. So a law that doesn't give a contractor the chance to correct a problem and gives an attorney the power to drive up cost makes no sence. Allow the contractor a chance to correct a problem. There are checks and balances throughout the construction industry, allow the reputable contractors a chance to correct a problem and go after the ones that don't stand behind their work!!!! TAKE AWAY THE GUARANTEED PAYDAY. | Apr-11-2011 |
| For | Please vote immediately for AB285. | Apr-11-2011 |
| For | Vote Now | Apr-11-2011 |
| For | chapter 40 has done nothing but harm the construction industry. putting thousands out of work. these laywers dont want anything fixed just money | Apr-11-2011 |
| For | This bill is critical to be voted on asap!! The impact of automatic attorney fees under current law in Chap 40 has been devastating to Nevada's construction industry!! Pleae take action immediatly. | Apr-11-2011 |
| For | Apr-11-2011 | |
| For | Please stop the frivolous lawsuits. | Apr-11-2011 |
| For | Please vote on immediatly | Apr-11-2011 |
| For | Please ove this Bill to a vote | Apr-11-2011 |
| For | This bill should go to an immediate vote since not doing so would continue to break the back of small construction firms. | Apr-11-2011 |
| For | Please supporte & pass this bill. This would provide the reform necessary to limit frivolous construction defect lawsuits. This bill does not take away homeowner rights nor the award of attorney fees if actual defects are found and an award is made in favor of a homeowner. It merely takes away the leverage that attorneys currently have to force contractors insurance companies to settle with no reqard to merit, because trial is too costly to defend. Many construction companies that perform high quality work are bleeding on meritless claims and without this bill, what little construction jobs are left will continue to be lost as contractors cannot get insurance and pay increasing deductibles without any chance to prove their innocence or due diligence. HOMEOWNERS WILL STILL HAVE THEIR FULL RIGHTS TO PURSUE LEGAL ACTION TO GET THEIR HOME FIXED OR THE MONEY TO GET IT FIXED WHEN NEEDED! | Apr-11-2011 |
| For | Apr-11-2011 | |
| For | We need this reform the Nevada economy needs this reform and I request an immediate vote | Apr-11-2011 |
| For | Apr-11-2011 | |
| For | Apr-11-2011 | |
| For | We need to move forward with an immediate vote on AB285! | Apr-11-2011 |
| For | This bill needs to be voted on ASAP it is vital to correct this horrable legislation | Apr-11-2011 |
| For | I'm requesting an immediate vote on AB285 | Apr-11-2011 |
| For | Let's get a vote on this. | Apr-11-2011 |
| For | Apr-11-2011 | |
| For | Please move to vote ASAP | Apr-11-2011 |
| For | I work for a family owned homebuilder that prides itself on taking care of its warranty. As chapter 40 is written now, we are not given the opportunity to fix items if an attorney is representing the homeowner. The only thing the attorney is looking for is large payouts for themselves. Chapter 40 has become a money making enterprise for attorneys. It has allowed attorneys supposedly representing homeowner to basically extort money from the builder, their subcontractor’s and insurance companies. Why then are so many completed projects getting these shotgun notices to join lawsuits. No other industry that is in direct connection with the consumer gives automatic attorney fees. By changing the Chapter 40 your will not be taking away a homeowners right to sue. Also the homeowner’s still have the State Contractor’s board. This legislation would just remove the automatic payment of fees. In many of the cases that have been settled the attorney fees awarded where multiples greater than awarded to the homeowner. We are seeing attorneys that specialize in getting groups of homeowners together and tell them they will get money to fix their problems. Many of the problems we are seeing is lack of homeowner maintenance. One of our projects is currently under chapter 40. Out of 100 homeowners 11 of them have filed against us under by a single law firm. Going through our warranty records none of the possible defects where brought to our attention. We were never given the opportunity to fix or even deny there is something wrong. Finally one of our best subcontractors’ is closing their doors because of the high cost of insurance. This company was one of our best to work with and always stood behind their product. Please help our industry and not the trail lawyers and revise chapter 40 to remove automatic attorney fees. | Apr-11-2011 |
| For | Apr-11-2011 | |
| For | Request for an immediate vote on AB285 | Apr-11-2011 |
| For | Requesting an immediate vote on AB285 | Apr-11-2011 |
| For | Please vote immediate on AB285. | Apr-11-2011 |
| For | I'm writing to ou in my capacity as Vice President of Customer Care/Warranty fr Lennar Homes Notheren California Division which includes Nortehrn Nevada/Reno. The building industry and the homebuying public need releif from a legislaive scheme that appears to primarily benefit the plaintiffs bar | Apr-11-2011 |
| For | Apr-11-2011 | |
| For | Please vote for AB285. The original wording of this law has caused so many problems in my industry and it's all because of a loophole the attorneys have found to take advantage of. | Apr-11-2011 |
| For | The people that spoke against this bill would have been awarded attornees fees by the Judge in thier case since they obiously had a defect of some kind. But if the defect had nothing to do with my part of the problem, then we should not have to pay to defend ourself. Thank You Reliable Framing Inc. | Apr-11-2011 |
| For | Please require an immediate vote on AB 285. The current law is broken and needs to be fixed. | Apr-11-2011 |
| For | I am requesting an immediate vote on AB285 | Apr-11-2011 |
| For | requesting an immediate vote on AB285 | Apr-11-2011 |
| For | The homebuilding and construction industry needs this bill to pass. We need relief from the excessive attorney fees and expert witness fees charged in construction defect cases. the original Title 40 bill was to insure that construction defect rere repaired to the owners satisfaction, not to create a cottage industry for attorneys padding their wallets | Apr-11-2011 |
| For | Requesting immediate vote on AB285 | Apr-11-2011 |
| For | This bill MUST be passed out of committee!! It is vitally important that the law be changed so that attorneys get involved only when their is real cause and not just to take money from hard working business owners because the system allows and encourages abuse. | Apr-11-2011 |
| For | Apr-11-2011 | |
| For | request for an immediate vote on AB285 | Apr-11-2011 |
| For | a. Current Statute has already and continues to cause layoffs of good paying jobs with benefits. Due to the staggering number of claims that subcontractors and suppliers have and continue to be named in, the costs associated with legal defense, research, file review and reproduction, site inspections, correspondence associated with noticing and inspections, has forced businesses to off-set this additional overhead expense by laying off staff. iii. Without immediate reform, darker days lie just ahead for the Building industry. Construction Defect Attorneys are filing new claims at an alarming rate. Nearly all of these claims are for properties constructed 7 -10 years ago and are intentionally being filed now in anticipation of reform to the current statute of repose, as was recently verified with the introduction of AB401 which proposes to change the statute of limitations from 10 yrs. To 7 yrs. among other things. This by itself, is not an effective resolution. Instead, and preferably in addition to the reduction from 10 to 7 years, elimination of the current method for plaintiff attorney compensation, is mandatory in order to save Nevada Jobs. we trust you will conclude that passage of this reform bill will likely save thousands of Nevada Jobs, and in so doing, lessen the impacts from additional Home Foreclosures, Bankruptcies, loss of local and state government revenues generated from business fees and taxes, to name a few. There will also be a savings to the taxpayers of Nevada by decreasing the judicial costs associated with the current process. | Apr-11-2011 |
| For | This is extremely important to getting the construction industry back on track, meaning employing people in Nevada. How this law ever passed the legislature is beyond belief, and it needs to be changed NOW. | Apr-11-2011 |
| For | Reform needs to happen in order for our industry to get healthy and provide jobs. This Bill needs to get out of committee and go forward. | Apr-11-2011 |
| For | Apr-11-2011 | |
| Against | Apr-11-2011 | |
| For | I am a Heating and Cooling Contractor in Northern Nevada (Sierra Air Inc). Although we do not do Trac work at this time we are constantly being drwan into frivolous class action lawsuits just because we put a service sticker on the already installed HVAC equipment. So far this past 12 months we have had to pay $10,000 in insurance deductibles to defend ourselves for doing nothing wrong. Many housing projects will not be started or built due to this crummy existing legislation. | Apr-11-2011 |
| For | Please just level the field, and get rid of automatic fees, if it is a real defect they can still sue. Follow the money and look how this has been abused the number of cases, other states, only residential no commercial, not every builder is a hack. | Apr-11-2011 |
| For | requesting an immediate vote on AB285. This is very important to help reform the building industry. Lawyers are lining their pockets with the settlements from the insurance companies at the expense of the consumers and builders. | Apr-11-2011 |
| For | Get the defect money back to the homeowners that need it and away from the attorneys. Good bill for the homeowners. | Apr-11-2011 |
| For | Apr-11-2011 | |
| For | I am in full support of this bill as it relates to Chapter 40 attorney fees. Please get the bill to an immediate vote. Please don't let this bill sit thinking there is not urgency for the building industry. | Apr-11-2011 |
| For | Apr-11-2011 | |
| For | Please vote on the bill. | Apr-11-2011 |
| For | I move for an immediate vote on AB285 | Apr-11-2011 |
| For | Apr-11-2011 | |
| Against | Apr-11-2011 | |
| Against | Apr-11-2011 | |
| For | I am requesting an immediate vote FOR AB285. The construction industry needs relief from the current provisions that award attorney's fees resulting from pre-litigation settlements. This is generating a profitable "cottage industry" for trial lawyers who are reaping huge sums of money even if their case does not proceed to trial. | Apr-11-2011 |
| For | Apr-11-2011 | |
| Against | Apr-11-2011 | |
| Against | Apr-11-2011 | |
| Against | Apr-10-2011 | |
| Against | Perhaps if developers and all those involved in the construction of residential homes in the Las Valley would be honest enough to build quality homes and employ citizens of the United States then there would not be the need for construction defect ligitation. Not only should attorney's be able to command all reasonable fees above and beyond the amount to cover all homeowner's costs to make the defective repairs, developers and builders should be prosecuted and serve jail time for knowingly building defective homes which potentially put a homeowners health and safety at risk. | Apr-10-2011 |
| Against | Apr-10-2011 | |
| Against | Apr-10-2011 | |
| For | Apr-10-2011 | |
| Against | Apr-10-2011 | |
| Against | Apr-10-2011 | |
| Against | I had a defect in my home caused by the builder. And Only when Kemp Jones began the lawsuit did I get relief. They were entitled to the fee they receive. This improperly protects the errant builder. David W Bernstein, 2078 diPinto Avenue, Henderson, NV 89052 | Apr-10-2011 |
| Against | Apr-10-2011 | |
| Against | As a Professional Real Estate person, this bill is NOT needed. Existing laws are sufficient. | Apr-10-2011 |
| Against | Please do nnot pass this bill - Homeowners have suffered enough! | Apr-10-2011 |
| Against | Apr-10-2011 | |
| Against | I have had construction defects in two new homes that I purchased in Las Vegas. I was part of a class action in both instances resulting in a award to me to pay for the construction defects. I did not profit from either case, I was only made whole. AB285 seeks to change this common sense procedure. Vote against AB285. | Apr-09-2011 |
| Against | Need to be put to vote of General Citizenship of State concerning. | Apr-09-2011 |
| Against | Please do not pass this bill | Apr-09-2011 |
| Against | Apr-09-2011 | |
| Against | I see this a yet another blatant effort by big business to make it financially impractical for an individual to sue a contractor for construction defects. Under this bill the complainant looses even if he wins. Certainly there needs to be limits on how much attorneys are paid and it might be a good idea that cases be reviewed before trial to weed out frivolous cases. | Apr-09-2011 |
| Against | I urge you to vote NO on this bill | Apr-09-2011 |
| Against | Apr-09-2011 | |
| Against | Attorney's fees MUST be part of any award for construction defects. | Apr-09-2011 |
| Against | Apr-09-2011 | |
| Against | While I hate paying attorneys, I hate even more having to pay them after any settlement for a construction defect. Please do not pass this bill, because any settlement funds would not make me whole after paying the attorney fees. | Apr-09-2011 |
| Against | Apr-09-2011 | |
| Against | Dont Pass this. | Apr-09-2011 |
| Against | Powerful builders like D R Horton have bought Clark County judges Bulla and Gonzalez A551662, federal 10-cv-235. This legislation will prove that they have also bought the legislators. | Apr-09-2011 |
| Against | Apr-09-2011 | |
| Against | Another special interest group. lease vote NO and protect the voting public! | Apr-09-2011 |
| Against | Apr-09-2011 | |
| Against | Apr-09-2011 | |
| Against | Vote NO. With this bill the home owner will be stuck. | Apr-09-2011 |
| Against | Apr-09-2011 | |
| Against | Apr-09-2011 | |
| Against | Don't let builders get away from not paying for construction defects, they made the mistakes and they should pay for them. In some cases they should be put in prison. I have had two contruction defects fixed and would not be able to get that done if this bill is approved. | Apr-08-2011 |
| Against | Apr-08-2011 | |
| Against | Homewners need this protection to stymie the poor workmanship and defective materials used in building homes. | Apr-08-2011 |
| Against | Apr-08-2011 | |
| Against | I purchased a home in Summerlin in 1993. My wife and I have been invloved in two instances of defects stemming from reported failures of the builder to allegedly comply with building standards. One has resulted in a decision by the court(s) that the defect must be fixed, but it is still not done. Without the builder(s) being held accountable, we would have to spend thousands of dollars to correct such a defect. The second is still pending disposition. Builders should be held accountable for such defects, especially since the average person purchasing a home do not have the technical knowledge or skills to know what is within code or building standards prior to the purchase.. | Apr-08-2011 |
| Against | As a victim of construction defects in my house, my options would have been severely restricted has this been law. | Apr-08-2011 |
| Against | Vote no on AB 285 | Apr-08-2011 |
| Against | This legislation is an unfair attack against homeowners and is unnecessary. Builders in Nevada do not require additional legislative measures in support of their operations; homeowners' rights must come first. The right of a homeowner to protect his property supercedes the privilege of operating as a home builder in the state. | Apr-08-2011 |
| Against | Apr-08-2011 | |
| Against | Apr-08-2011 | |
| Against | It's just not right that builders should not be held accountable for poor workmanship. | Apr-08-2011 |
| Against | Homeowner rights need to be protected from the intent of this bill to allow builders a free reign to construct faulty homes to see. | Apr-08-2011 |
| Against | Apr-08-2011 | |
| Against | Apr-08-2011 | |
| Against | Apr-08-2011 | |
| Against | Apr-08-2011 | |
| For | Apr-07-2011 | |
| For | Apr-07-2011 | |
| For | Please pass SB285, as presented, to put a stop to the unscrupulous practice of certain attorneys who have been using Chapter 40 and the homes of Nevada citizens as a guaranteed route for those attorneys and their so called experts to get to Nevada contractors' huge amounts of insurance coverages simply by alleging construction defects. AB285, as proposed, will curb this untenable practice which has run rampant through our State since 1995 when Ch 40 first paved the way for these attorneys to use our residents homes to get to piles of insurance money. I entreat you NOT TO ALLOW any attorneys who engage in construction defect litigation or their lobbyists to tamper with one word of AB285, because their sole purpose will be to preseve Ch 40's guarantee that they will get their exhorbitant fees and costs simply by making allegations of defects, rather than by only pursuing claims that truly merit being litigated. Thank you. | Apr-07-2011 |
| For | Apr-07-2011 | |
| Against | No Comment | Apr-02-2011 |
| Against | No Comment | Apr-02-2011 |
| Against | No Comment | Mar-31-2011 |
| For | No Comment | Mar-29-2011 |
| Against | No Comment | Mar-26-2011 |
 Session Info | NELIS | Interim Info | Law Library | General Info | Counsel Bureau | Research Library | Assembly | Senate | FAQs View Scheduled Meetings | Publications | Proposals | Career Opportunities | Gift Shop | Site Map | Contact Us © 2013 Nevada Legislative Counsel Bureau |
|