Construction defects bill debated

(AP) " Builders and subcontractors are at odds with advocates for homeowners over a plan to change the way Nevada resolves the homeowners' claims of construction defects.

The builders and subcontractors say SB349, drafted with guidance from a special subcommittee led by state Sen. Terry Care, D-Las Vegas, is welcome relief. They say the current system is flooded with bogus claims and exorbitant legal fees and often impedes home repairs.

But critics of the plan say it would tilt the system significantly away from homeowners and severely curb their rights.

Under existing law, passed during a mid-1990s building boom as a way to resolve disputes before litigation, homeowners who sue can't claim noneconomic damages, such as emotional distress or punitive damages; and builders must pay the homeowners' costs of bringing lawsuits, provided homeowners agree to reasonable settlements.

SB349, discussed Wednesday in the Senate Judiciary Committee, would more narrowly define a construction defect. To qualify, a home would have to present "unreasonable risk of injury to a person or property."