[Rev. 11/21/2013 8:56:23 AM--2013]

CHAPTER 11 - LIMITATION OF ACTIONS

GENERAL PROVISIONS

NRS 11.010             Commencement of civil actions.

NRS 11.020             Effect of laws of limitation of other states or countries.

REAL PROPERTY

NRS 11.030             When action cannot be brought by grantee from this State.

NRS 11.040             When actions by State or its grantees are to be brought within 7 years.

NRS 11.060             Action for recovery of mining claims: Occupation and possession; other applicable provisions.

NRS 11.070             No cause of action effectual unless party or predecessor seized or possessed within 5 years.

NRS 11.080             Seisin within 5 years; when necessary in action for real property.

NRS 11.090             Peaceable entry; when not valid as claim.

NRS 11.100             Possession presumed in legal owner unless adversely held.

NRS 11.110             Occupation under written instrument or judgment; when deemed adverse.

NRS 11.120             What constitutes adverse possession under written instrument or judgment.

NRS 11.130             Premises actually occupied under claim of title deemed to be held adversely.

NRS 11.140             What constitutes adverse possession under claim of title not founded on written instrument.

NRS 11.150             Additional requirements for adverse possession: Occupation continuously for 5 years; payment of taxes.

NRS 11.160             Relation of landlord and tenant as affecting adverse possession.

NRS 11.170             Right of possession not affected by descent cast.

NRS 11.180             Certain disabilities excluded from time to commence actions.

ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY

NRS 11.190             Periods of limitation.

NRS 11.200             Computation of time.

NRS 11.202             Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Deficiencies resulting from willful misconduct; fraudulently concealed deficiencies.

NRS 11.203             Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Known deficiencies.

NRS 11.204             Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Latent deficiencies.

NRS 11.205             Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Patent deficiencies.

NRS 11.2055           Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Determination of date of substantial completion of improvement to real property.

NRS 11.206             Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Limitation of actions not a defense in actions based on liability as innkeeper or for defect in product.

NRS 11.207             Malpractice actions against attorneys and veterinarians.

NRS 11.2075           Malpractice actions against accountants.

NRS 11.208             Action by contractor against Department of Transportation upon contract for construction, reconstruction, improvement or maintenance of highway.

NRS 11.209             Actions against principal contractors by employees of subcontractors for wages or benefits.

NRS 11.2095           Action to recover payment for money owed to hospital.

NRS 11.210             Mutual open accounts; accrual of cause of action.

NRS 11.215             Actions for damages for injury arising from sexual abuse of minor; exception for actions involving injury arising from appearance of minor in pornography.

NRS 11.220             Action for relief not otherwise provided for.

NRS 11.250             Disabilities preventing running of statute.

ACTIONS BY OR ON BEHALF OF THIS STATE

NRS 11.255             Actions by or on behalf of this State.

REQUIREMENTS FOR ACTIONS INVOLVING NONRESIDENTIAL CONSTRUCTION AGAINST DESIGN PROFESSIONALS

NRS 11.256             Definitions.

NRS 11.2565           “Action involving nonresidential construction” defined.

NRS 11.257             “Complainant” defined.

NRS 11.258             Attorney required to consult expert; required affidavit of attorney; required report of expert.

NRS 11.259             Effect of compliance with or failure to comply with NRS 11.258.

MISCELLANEOUS LIMITATIONS

NRS 11.260             Action to recover estate sold by guardian.

NRS 11.270             Action to recover estate sold by executor or administrator.

NRS 11.275             Action against estate for which letters of administration have not been issued.

NRS 11.280             Legal disability prevents running of statute.

NRS 11.290             No limitation of action for deposit of money or property; exception.

NRS 11.300             Absence from State suspends running of statute.

NRS 11.310             Death of person entitled to bring action before limitation expires; death of person against whom an action may be brought.

NRS 11.320             Statute suspended when person against whom cause of action exists dies out of State.

NRS 11.330             Action by enemy alien; war suspends limitation.

NRS 11.340             Reversal of judgment; new action to be brought within 1 year.

NRS 11.350             Action stayed by injunction.

NRS 11.360             Disability must exist when right of action accrued.

NRS 11.370             Coexisting disabilities must be removed.

NRS 11.380             Actions against directors or stockholders of corporations.

NRS 11.390             Acknowledgment or new promise must be in writing; exception.

RECOMMENCEMENT OF CERTAIN ACTIONS

NRS 11.500             Recommencement of actions dismissed for lack of subject matter jurisdiction.

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GENERAL PROVISIONS

      NRS 11.010  Commencement of civil actions.  Civil actions can only be commenced within the periods prescribed in this chapter, after the cause of action shall have accrued, except where a different limitation is prescribed by statute.

      [1911 CPA § 4; RL § 4946; NCL § 8503]

      NRS 11.020  Effect of laws of limitation of other states or countries.  When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against the person in this State, except in favor of a citizen thereof who has held the cause of action from the time it accrued.

      [1911 CPA § 5; RL § 4947; NCL § 8504]

REAL PROPERTY

      NRS 11.030  When action cannot be brought by grantee from this State.  No action can be brought for or in respect to real property by any person claiming under letters patent, or grants from this State, unless the same might have been commenced by the State as herein specified in case such patent had not been issued or grant made.

      [1911 CPA § 36; RL § 4948; NCL § 8505]

      NRS 11.040  When actions by State or its grantees are to be brought within 7 years.  When letters patent or grants of real property issued or made by this state are declared void by the determination of a competent court, an action for the recovery of the property so conveyed may be brought, either by the State, or by any subsequent patentee or grantee of the property, his or her heirs or assigns, within 7 years after such determination, but not after that period.

      [1911 CPA § 7; RL § 4949; NCL § 8506]

      NRS 11.060  Action for recovery of mining claims: Occupation and possession; other applicable provisions.

      1.  No action for the recovery of mining claims, or for the recovery of the possession thereof, shall be maintained, unless it appears that the plaintiff, or those through or from whom the plaintiff claims, were seized or possessed of such mining claim, or were the owners thereof, according to the laws and customs of the district embracing the same, within 2 years before the commencement of such action.

      2.  Occupation and adverse possession of a mining claim shall consist in holding and working the same, in the usual and customary mode of holding and working similar claims in the vicinity thereof.

      3.  All of the provisions of this chapter which apply to other real estate, so far as applicable, shall be deemed to include and apply to mining claims; provided,

      (a) That in such application “2 years” shall be held to be the period intended whenever the term “5 years” is used; and

      (b) That when the terms “legal title” or “title” are used, they shall be held to include title acquired by location or occupation, according to the usages, laws and customs of the district embracing the claim.

      [1911 CPA § 9; RL § 4951; NCL § 8508]

      NRS 11.070  No cause of action effectual unless party or predecessor seized or possessed within 5 years.  No cause of action or defense to an action, founded upon the title to real property, or to rents or to services out of the same, shall be effectual, unless it appears that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within 5 years before the committing of the act in respect to which said action is prosecuted or defense made.

      [1911 CPA § 10; RL § 4952; NCL § 8509]

      NRS 11.080  Seisin within 5 years; when necessary in action for real property.  No action for the recovery of real property, or for the recovery of the possession thereof other than mining claims, shall be maintained, unless it appears that the plaintiff or the plaintiff’s ancestor, predecessor or grantor was seized or possessed of the premises in question, within 5 years before the commencement thereof.

      [1911 CPA § 11; RL § 4953; NCL § 8510]

      NRS 11.090  Peaceable entry; when not valid as claim.  No peaceable entry upon real estate shall be deemed sufficient and valid as a claim, unless an action be commenced by the plaintiff for possession within 1 year from the making of such entry, or within 5 years from the time when the right to bring such action accrued.

      [1911 CPA § 12; RL § 4954; NCL § 8511]

      NRS 11.100  Possession presumed in legal owner unless adversely held.  In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time prescribed by law; and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it shall appear:

      1.  That is has been protected by a substantial enclosure; or

      2.  That it has been cultivated or improved in accordance with the usual and ordinary methods of husbandry.

      [1911 CPA § 13; RL § 4955; NCL § 8512]

      NRS 11.110  Occupation under written instrument or judgment; when deemed adverse.  Whenever it shall appear that the occupant, or those under whom the occupant claims, entered into the possession of premises, under claim of title, exclusive of any other right, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for 5 years, the premises so included shall be deemed to have been held adversely, except that where the premises so included consists of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.

      [1911 CPA § 14; RL § 4956; NCL § 8513]

      NRS 11.120  What constitutes adverse possession under written instrument or judgment.  For the purpose of constituting adverse possession by any person claiming a title, founded upon a written instrument or judgment or decree, land shall be deemed to have been possessed and occupied in the following cases:

      1.  Where it has been usually cultivated or improved.

      2.  Where it has been protected by a substantial enclosure.

      3.  Where, though not enclosed, it has been used for the supply of fuel, or of fencing timber, for the purpose of husbandry; or for the use of pasturage, or for ordinary uses of the occupant.

      4.  Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

      [1911 CPA § 15; RL § 4957; NCL § 8514]

      NRS 11.130  Premises actually occupied under claim of title deemed to be held adversely.  Where it appears that there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.

      [1911 CPA § 16; RL § 4958; NCL § 8515]

      NRS 11.140  What constitutes adverse possession under claim of title not founded on written instrument.  For the purpose of constituting an adverse possession, by a person claiming title, not founded upon a written instrument, judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only:

      1.  Where it has been protected by a substantial enclosure.

      2.  Where it has been usually cultivated or improved.

      [1911 CPA § 17; RL § 4959; NCL § 8516]

      NRS 11.150  Additional requirements for adverse possession: Occupation continuously for 5 years; payment of taxes.  In no case shall adverse possession be considered established unless it be shown, in addition to the requirements of NRS 11.120 or 11.140, that the land has been occupied and claimed for the period of 5 years, continuously, and that the party or persons, their predecessors and grantors have paid all taxes, state, county and municipal, which may have been levied and assessed against the land for the period mentioned, or have tendered payment thereof.

      [1911 CPA § 18; A 1937, 26; 1931 NCL § 8517]—(NRS A 1957, 321)

      NRS 11.160  Relation of landlord and tenant as affecting adverse possession.  Whenever the relation of landlord and tenant shall have existed between any persons, the possession of the tenant shall be deemed the possession of the landlord until the expiration of 5 years from the expiration of the tenancy, or, where there has been no written lease, until the expiration of 5 years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to the landlord. But such presumptions shall not be made after the periods herein limited.

      [1911 CPA § 19; RL § 4961; NCL § 8518]

      NRS 11.170  Right of possession not affected by descent cast.  The right of a person to the possession of any real property shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such property.

      [1911 CPA § 20; RL § 4962; NCL § 8519]

      NRS 11.180  Certain disabilities excluded from time to commence actions.  If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property or to rents or services out of the same, be at the time such title shall first descend or accrue, either:

      1.  Within the age of majority; or

      2.  Insane; or

      3.  Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life,

Ê the time during which such disability continues is not deemed any portion of the time in this chapter limited for the commencement of such actions, or the making of such entry or defense, but such action may be commenced or entry or defense made, within the period of 2 years after such disability shall cease, or after the death of the person entitled, who shall die under such disability, but such action shall not be commenced, or entry or defense made, after that period.

      [1911 CPA § 24; RL § 4966; NCL § 8523]

ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY

      NRS 11.190  Periods of limitation.  Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:

      1.  Within 6 years:

      (a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

      (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

      2.  Within 4 years:

      (a) An action on an open account for goods, wares and merchandise sold and delivered.

      (b) An action for any article charged on an account in a store.

      (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

      (d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

      3.  Within 3 years:

      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

      (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

      (d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

      (e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealment or false statement.

      4.  Within 2 years:

      (a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

      (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.

      (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

      (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

      (e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

      (f) An action to recover damages under NRS 41.740.

      5.  Within 1 year:

      (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his or her official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

      (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

      [1911 CPA § 25; A 1951, 247]—(NRS A 1965, 948, 1415; 1967, 113; 1981, 1023, 1885; 1983, 612; 1985, 698; 1987, 14, 1346; 1991, 117; 1993, 454, 2628; 1997, 1591; 1999, 1238; 2005, 1424; 2007, 742, 2472, 2848; 2011, 1745; 2013, 1027)

      NRS 11.200  Computation of time.  The time in NRS 11.190 shall be deemed to date from the last transaction or the last item charged or last credit given; and whenever any payment on principal or interest has been or shall be made upon an existing contract, whether it be a bill of exchange, promissory note or other evidence of indebtedness if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made.

      [1911 CPA § 26; RL § 4968; NCL § 8525]

      NRS 11.202  Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Deficiencies resulting from willful misconduct; fraudulently concealed deficiencies.

      1.  An action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property at any time after the substantial completion of such an improvement, for the recovery of damages for:

      (a) Any deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement which is the result of his or her willful misconduct or which he or she fraudulently concealed;

      (b) Injury to real or personal property caused by any such deficiency; or

      (c) Injury to or the wrongful death of a person caused by any such deficiency.

      2.  The provisions of this section do not apply in an action brought against:

      (a) The owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house in this State on account of his or her liability as an innkeeper.

      (b) Any person on account of a defect in a product.

      (Added to NRS by 1983, 1238)

      NRS 11.203  Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Known deficiencies.

      1.  Except as otherwise provided in NRS 11.202 and 11.206, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property more than 10 years after the substantial completion of such an improvement, for the recovery of damages for:

      (a) Any deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement which is known or through the use of reasonable diligence should have been known to him or her;

      (b) Injury to real or personal property caused by any such deficiency; or

      (c) Injury to or the wrongful death of a person caused by any such deficiency.

      2.  Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, if an injury occurs in the 10th year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 12 years after the substantial completion of the improvement.

      3.  The provisions of this section do not apply to a claim for indemnity or contribution.

      (Added to NRS by 1983, 1238; A 1999, 1444)

      NRS 11.204  Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Latent deficiencies.

      1.  Except as otherwise provided in NRS 11.202, 11.203 and 11.206, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property more than 8 years after the substantial completion of such an improvement, for the recovery of damages for:

      (a) Any latent deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement;

      (b) Injury to real or personal property caused by any such deficiency; or

      (c) Injury to or the wrongful death of a person caused by any such deficiency.

      2.  Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, if an injury occurs in the eighth year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 10 years after the substantial completion of the improvement.

      3.  The provisions of this section do not apply to a claim for indemnity or contribution.

      4.  For the purposes of this section, “latent deficiency” means a deficiency which is not apparent by reasonable inspection.

      (Added to NRS by 1983, 1237; A 1999, 1445)

      NRS 11.205  Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Patent deficiencies.

      1.  Except as otherwise provided in NRS 11.202, 11.203 and 11.206, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property more than 6 years after the substantial completion of such an improvement, for the recovery of damages for:

      (a) Any patent deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement;

      (b) Injury to real or personal property caused by any such deficiency; or

      (c) Injury to or the wrongful death of a person caused by any such deficiency.

      2.  Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, if an injury occurs in the sixth year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 8 years after the substantial completion of the improvement.

      3.  The provisions of this section do not apply to a claim for indemnity or contribution.

      4.  For the purposes of this section, “patent deficiency” means a deficiency which is apparent by reasonable inspection.

      (Added to NRS by 1965, 948; A 1983, 1239; 1999, 1445)

      NRS 11.2055  Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Determination of date of substantial completion of improvement to real property.

      1.  Except as otherwise provided in subsection 2, for the purposes of NRS 11.202 to 11.206, inclusive, the date of substantial completion of an improvement to real property shall be deemed to be the date on which:

      (a) The final building inspection of the improvement is conducted;

      (b) A notice of completion is issued for the improvement; or

      (c) A certificate of occupancy is issued for the improvement,

Ê whichever occurs later.

      2.  If none of the events described in subsection 1 occurs, the date of substantial completion of an improvement to real property must be determined by the rules of the common law.

      (Added to NRS by 1999, 1444)

      NRS 11.206  Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Limitation of actions not a defense in actions based on liability as innkeeper or for defect in product.  The limitations respectively prescribed by NRS 11.203, 11.204 and 11.205 are not a defense in an action brought against:

      1.  The owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house in this State on account of his or her liability as an innkeeper.

      2.  Any person on account of a defect in a product.

      (Added to NRS by 1983, 1238)

      NRS 11.207  Malpractice actions against attorneys and veterinarians.

      1.  An action against an attorney or veterinarian to recover damages for malpractice, whether based on a breach of duty or contract, must be commenced within 4 years after the plaintiff sustains damage or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the material facts which constitute the cause of action, whichever occurs earlier.

      2.  This time limitation is tolled for any period during which the attorney or veterinarian conceals any act, error or omission upon which the action is founded and which is known or through the use of reasonable diligence should have been known to the attorney or veterinarian.

      (Added to NRS by 1981, 1023; A 1997, 478)

      NRS 11.2075  Malpractice actions against accountants.

      1.  An action against an accountant or accounting firm to recover damages for malpractice must be commenced within:

      (a) Two years after the date on which the alleged act, error or omission is discovered or should have been discovered through the use of reasonable diligence;

      (b) Four years after completion of performance of the service for which the action is brought; or

      (c) Four years after the date of the initial issuance of the report prepared by the accountant or accounting firm regarding the financial statements or other information,

Ê whichever occurs earlier.

      2.  The time limitation set forth in subsection 1 is tolled for any period during which the accountant or accounting firm conceals the act, error or omission upon which the action is founded and which is known or through the use of reasonable diligence should have been known to the accountant or the firm.

      3.  As used in this section, “accountant” means a person certified or registered as a public accountant pursuant to chapter 628 of NRS who holds a live permit, as defined in NRS 628.019.

      (Added to NRS by 1997, 478)

      NRS 11.208  Action by contractor against Department of Transportation upon contract for construction, reconstruction, improvement or maintenance of highway.  An action by a contractor against the Department of Transportation upon a contract for the construction, reconstruction, improvement or maintenance of a highway must be commenced within 3 years after the date of the:

      1.  Completion of the contract; or

      2.  Determination of the engineer or decision of the Board of Directors of the Department of Transportation on an appeal of a claim arising from the contract as provided in the standard specifications for construction of roads and bridges adopted by the Department,

Ê whichever occurs later.

      (Added to NRS by 1987, 631; A 1989, 1313)

      NRS 11.209  Actions against principal contractors by employees of subcontractors for wages or benefits.

      1.  No action against a principal contractor for the recovery of wages due an employee of a subcontractor or contributions or premiums required to be made or paid on account of the employee may be commenced more than:

      (a) Two years, if the principal contractor is located in Nevada; or

      (b) Three years, if the principal contractor is located outside this state,

Ê after the date the employee should have received those wages from or those contributions or premiums should have been made or paid by the subcontractor.

      2.  No action against a principal contractor for the recovery of benefits due an employee of a subcontractor may be commenced more than:

      (a) Three years, if the principal contractor is located in Nevada; or

      (b) Four years, if the principal contractor is located outside this state,

Ê after the date the employee should have received those benefits from the subcontractor.

      (Added to NRS by 1983, 1350)

      NRS 11.2095  Action to recover payment for money owed to hospital.

      1.  Except as otherwise provided in this section, an action against a person to recover payment for any amount owed to a hospital for hospital care provided to the person at the hospital must be commenced not later than 4 years after the date on which any payment that is due for the services is not paid.

      2.  The period provided in subsection 1 is tolled during any periods in which the hospital is awaiting a determination concerning eligibility for, or the amount of, benefits from an insurer or public program and during any periods in which payments are being made.

      3.  As used in this section, “hospital care” has the meaning ascribed to it in NRS 428.155.

      (Added to NRS by 2007, 1498)

      NRS 11.210  Mutual open accounts; accrual of cause of action.  In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.

      [1911 CPA § 27; RL § 4969; NCL § 8526]

      NRS 11.215  Actions for damages for injury arising from sexual abuse of minor; exception for actions involving injury arising from appearance of minor in pornography.

      1.  Except as otherwise provided in subsection 2 and NRS 217.007, an action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within 10 years after the plaintiff:

      (a) Reaches 18 years of age; or

      (b) Discovers or reasonably should have discovered that his or her injury was caused by the sexual abuse,

Ê whichever occurs later.

      2.  An action to recover damages pursuant to NRS 41.1396 must be commenced within 3 years after the occurrence of the following, whichever is later:

      (a) The court enters a verdict in a related criminal case; or

      (b) The victim reaches the age of 18 years.

      3.  As used in this section, “sexual abuse” has the meaning ascribed to it in NRS 432B.100.

      (Added to NRS by 1991, 117; A 1993, 254, 455, 456; 2009, 2663)

      NRS 11.220  Action for relief not otherwise provided for.  An action for relief, not hereinbefore provided for, must be commenced within 4 years after the cause of action shall have accrued.

      [1911 CPA § 28; RL § 4970; NCL § 8527]

      NRS 11.250  Disabilities preventing running of statute.  If a person entitled to bring an action other than for the recovery of real property be, at the time the cause of action accrued, either:

      1.  Within the age of 18 years; or

      2.  Insane; or

      3.  In the custodial care of the State, if placed in such care while less than 18 years of age, except when the person is imprisoned, paroled or on probation,

Ê the time of such disability shall not be a part of the time limited for the commencement of the action.

      [1911 CPA § 34; A 1951, 54]—(NRS A 1973, 1577; 1977, 1081)

ACTIONS BY OR ON BEHALF OF THIS STATE

      NRS 11.255  Actions by or on behalf of this State.

      1.  The provisions of this chapter concerning actions other than for the recovery of real property shall apply to actions brought in the name of the State, or for the benefit of the State, in the same manner as to actions by private individuals.

      2.  Except as provided in NRS 11.030 and 11.040, there shall be no limitation of actions brought in the name of the State, or for the benefit of the State, for the recovery of real property.

      (Added to NRS by 1963, 362)

REQUIREMENTS FOR ACTIONS INVOLVING NONRESIDENTIAL CONSTRUCTION AGAINST DESIGN PROFESSIONALS

      NRS 11.256  Definitions.  As used in NRS 11.256 to 11.259, inclusive, unless the context otherwise requires, the words and terms defined in NRS 11.2565 and 11.257 have the meanings ascribed to them in those sections.

      (Added to NRS by 2007, 646)

      NRS 11.2565  “Action involving nonresidential construction” defined.

      1.  “Action involving nonresidential construction” means an action that:

      (a) Is commenced against a design professional; and

      (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance, including, without limitation, the design, construction, manufacture, repair or landscaping of a new nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance.

Ê The term includes, without limitation, an action for professional negligence.

      2.  As used in this section:

      (a) “Appurtenance” means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more nonresidential buildings or structures, but is not a part of the nonresidential building or structure. The term includes, without limitation, the parcel of real property, recreational facilities, walls, sidewalks, driveways, landscaping and other structures, installations, facilities and amenities associated with or benefiting one or more nonresidential buildings or structures.

      (b) “Design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture.

      (Added to NRS by 2007, 646)

      NRS 11.257  “Complainant” defined.  “Complainant” means a person who files an action involving nonresidential construction.

      (Added to NRS by 2007, 647)

      NRS 11.258  Attorney required to consult expert; required affidavit of attorney; required report of expert.

      1.  Except as otherwise provided in subsection 2, in an action involving nonresidential construction, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:

      (a) Has reviewed the facts of the case;

      (b) Has consulted with an expert;

      (c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and

      (d) Has concluded on the basis of the review and the consultation with the expert that the action has a reasonable basis in law and fact.

      2.  The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if the attorney could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, the attorney shall file an affidavit concurrently with the service of the first pleading in the action stating the reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.

      3.  In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and must include, without limitation:

      (a) The resume of the expert;

      (b) A statement that the expert is experienced in each discipline which is the subject of the report;

      (c) A copy of each nonprivileged document reviewed by the expert in preparing the report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;

      (d) The conclusions of the expert and the basis for the conclusions; and

      (e) A statement that the expert has concluded that there is a reasonable basis for filing the action.

      4.  In an action in which an affidavit is required to be filed pursuant to subsection 1:

      (a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the complainant or the complainant’s attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he or she made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

      (b) The complainant or the complainant’s attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and

      (c) The court may dismiss the action if the complainant and the complainant’s attorney fail to comply with the requirements of paragraph (b).

      5.  An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.

      6.  As used in this section, “expert” means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.

      (Added to NRS by 2007, 647)

      NRS 11.259  Effect of compliance with or failure to comply with NRS 11.258.

      1.  The court shall dismiss an action involving nonresidential construction if the attorney for the complainant fails to:

      (a) File an affidavit required pursuant to NRS 11.258;

      (b) File a report required pursuant to subsection 3 of NRS 11.258; or

      (c) Name the expert consulted in the affidavit required pursuant to subsection 1 of NRS 11.258.

      2.  The fact that an attorney for a complainant has complied or failed to comply with the provisions of NRS 11.256 to 11.259, inclusive, is admissible in the action.

      (Added to NRS by 2007, 648)

MISCELLANEOUS LIMITATIONS

      NRS 11.260  Action to recover estate sold by guardian.  No action for the recovery of any estate sold by a guardian can be maintained by the ward, or by any person claiming under the ward, unless it is commenced within 3 years next after the termination of the guardianship.

      [1911 CPA § 21; RL § 4963; NCL § 8520]

      NRS 11.270  Action to recover estate sold by executor or administrator.  No action for the recovery of any estate sold by an executor or administrator in the course of any probate proceeding can be maintained by any heir or other person claiming under the decedent, unless it be commenced within 3 years next after the sale. An action to set aside the sale may be instituted and maintained at any time within 3 years from the discovery of the fraud or other lawful grounds upon which the action is based.

      [1911 CPA § 22; RL § 4964; NCL § 8521]

      NRS 11.275  Action against estate for which letters of administration have not been issued.

      1.  Except as provided in subsection 2, no action can be maintained against an estate for which letters of administration have not been issued unless it is commenced within 3 years next after the death of the decedent.

      2.  This section does not affect:

      (a) Any lien created by a mortgage or deed of trust which is recorded or a security agreement which is filed.

      (b) The rights of any person who is in possession of personal property of the estate.

      (Added to NRS by 1979, 652)

      NRS 11.280  Legal disability prevents running of statute.  NRS 11.260 and 11.270 shall not apply to minors or others under any legal disability to sue at the time when the right of action first accrues, but all such persons may commence an action at any time within 1 year after the removal of the disability.

      [1911 CPA § 23; RL § 4965; NCL § 8522]

      NRS 11.290  No limitation of action for deposit of money or property; exception.  Except as otherwise provided in subsection 5 of NRS 104.3118, to actions brought to recover money or other property deposited with any bank, credit union, banker, trust company or savings and loan society, there is no limitation.

      [1911 CPA § 32; RL § 4974; NCL § 8531]—(NRS A 1993, 1316; 1999, 1454)

      NRS 11.300  Absence from State suspends running of statute.  If, when the cause of action shall accrue against a person, the person is out of the State, the action may be commenced within the time herein limited after the person’s return to the State; and if after the cause of action shall have accrued the person departs from the State, the time of the absence shall not be part of the time prescribed for the commencement of the action.

      [1911 CPA § 33; RL § 4975; NCL § 8532]

      NRS 11.310  Death of person entitled to bring action before limitation expires; death of person against whom an action may be brought.

      1.  If the person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by the person’s representatives, after the expiration of that time, and within 1 year from the person’s death.

      2.  If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against the person’s executors or administrators after the expiration of that time, and within 1 year after the issuing of letters testamentary or of administration; provided:

      (a) The final account of such executor or administrator in the estate of such decedent be not sooner filed, and that a claim therefor be presented as required by the law governing estates of deceased persons.

      (b) That no real estate of a deceased person shall be liable for the debts of the deceased person other than recorded encumbrances, unless letters testamentary or of administration be granted within 3 years from the date of the death of such decedent, any law to the contrary notwithstanding.

      [Part 1911 CPA § 35; A 1925, 17; NCL § 8534]

      NRS 11.320  Statute suspended when person against whom cause of action exists dies out of State.  If a person against whom a cause of action exists dies without the State, the time which elapses between the person’s death and the expiration of 1 year after the issuing, within this state, of letters testamentary or letters of administration is not a part of the time limited for the commencement of an action therefor against the person’s executor or administrator.

      [1911 CPA § 36; RL § 4978; NCL § 8535]

      NRS 11.330  Action by enemy alien; war suspends limitation.  When a person shall be an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the period limited for the commencement of the action; but nothing in this section shall be so construed as to consider any citizen or person of any state engaged in rebellion against the United States Government as an alien.

      [1911 CPA § 37; RL § 4979; NCL § 8536]

      NRS 11.340  Reversal of judgment; new action to be brought within 1 year.  If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if the plaintiff dies and the cause of action survives, the plaintiff’s heirs or representatives, may commence a new action within 1 year after the reversal.

      [1911 CPA § 38; RL § 4980; NCL § 8537]

      NRS 11.350  Action stayed by injunction.  When the commencement of one action shall be stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition shall not be part of the time limited for the commencement of the action.

      [1911 CPA § 39; RL § 4981; NCL § 8538]

      NRS 11.360  Disability must exist when right of action accrued.  No person shall avail himself or herself of a disability, unless it existed when his or her right of action accrued.

      [1911 CPA § 40; RL § 4982; NCL § 8539]

      NRS 11.370  Coexisting disabilities must be removed.  When two or more disabilities coexist, at the time the right of action accrues, the limitation shall not attach until they all be removed.

      [1911 CPA § 41; RL § 4983; NCL § 8540]

      NRS 11.380  Actions against directors or stockholders of corporations.  The preceding sections of this chapter shall not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed or to enforce a liability created by law; but such actions must be brought within 3 years after the discovery, by the aggrieved party, of the facts upon which the penalty or forfeiture attached, or the liability was created.

      [1911 CPA § 42; RL § 4984; NCL § 8541]

      NRS 11.390  Acknowledgment or new promise must be in writing; exception.  No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged thereby, except as provided in NRS 11.200.

      [1911 CPA § 43; RL § 4985; NCL § 8542]

RECOMMENCEMENT OF CERTAIN ACTIONS

      NRS 11.500  Recommencement of actions dismissed for lack of subject matter jurisdiction.

      1.  Notwithstanding any other provision of law, and except as otherwise provided in this section, if an action that is commenced within the applicable period of limitations is dismissed because the court lacked jurisdiction over the subject matter of the action, the action may be recommenced in the court having jurisdiction within:

      (a) The applicable period of limitations; or

      (b) Ninety days after the action is dismissed,

Ê whichever is later.

      2.  An action may be recommenced only one time pursuant to paragraph (b) of subsection 1.

      3.  An action may not be recommenced pursuant to paragraph (b) of subsection 1 more than 5 years after the date on which the original action was commenced.

      4.  Paragraph (b) of subsection 1 does not apply to a contract that is subject to the provisions of chapter 104 of NRS.

      (Added to NRS by 2003, 2134; A 2005, 247)