Byrne v. Sunridge Builders, Inc., 136 Nev. Adv. Op. 69 (Oct. 29, 2020)
This is an appeal from a district court order granting summary judgment for Sunridge Builders. In 2015, the Nevada Legislature passed Assembly Bill 125 (A.B. 125), which retroactively shortened the construction defect statute of repose. A.B. 125 also created a grace period during which claimants could “commence” an action after the statute of repose had expired. On appeal, the Supreme Court clarified that the meaning of “commence” in A.B. 125 requires a claimant to have filed a lawsuit. Simply serving notice of a construction defect pursuant to NRS 40.645 is not sufficient to preserve an action during the grace period. Appellant Byrne neglected to file her lawsuit during the grace period. The Court therefore concluded that the lawsuit was foreclosed because the statute of repose had run and affirmed the district court’s grant of summary judgement in favor of Sunridge Builders. The Court further held that the district court had abused its discretion by awarding attorney fees to respondent Lands West Builders, Inc. and reversed that order.
DiFederico, Maggie, "Byrne v. Sunridge Builders, Inc., 136 Nev. Adv. Op. 69 (Oct. 29, 2020)" (2020). Nevada Supreme Court Summaries. 1353.