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The Court considered whether statutory limitation periods for constructional defects may be contractually modified by parties to residential unit purchase agreements. The Court examined if the district court’s dismissal of Holcomb Condominium Homeowners’ Association’s (HCHA) negligence-based claims was proper under NRS 116.4116. The Court also analyzed if a contractual reduction of the six-year limitations period of a warranty claim, as found within an arbitration agreement attached to and incorporated by a purchase contract, satisfied the “separate instrument” requirement of NRS 116.4116. Lastly, the Court looked at whether the district court erred in denying HCHA’s repeated requests to amend its complaint.

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