The firm represented a decorative stone veneer installation and manufacturing company in a construction defect case arising from a massive housing development project located in Las Vegas, Nevada. Fifteen homeowner plaintiffs discovered various construction defects in their homes and sued the developer for the costs of repairs and legal fees. The home developer promptly tendered its defense to the stone installation contractor and other subcontractors — threatening to embroil them in a years-long statutory claims process.
LEGAL INGENUITY PREVAILS IN ACCELERATING A SETTLEMENT.
Using a recently enacted statutory exception, requiring a showing of resultant damage from defects, the firm successfully argued that the client’s decorative stone veneer work on the homes did not cause resultant damage giving rise to an actionable construction defect claim under Nevada law. Based on this, the firm successfully negotiated the client’s no-cost dismissal from the case.
Counsel: David W. Smiley and Daniel R. Spencer