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Construction Defect Battle Draws Big Money
by Joe Wheeler

The Plumbing & Mechanical Contractors of Nevada have been concerned about construction defects since 1996, and stood on the front lines in the 1999 and 2001 efforts to reform Chapter 40.

Big Check:  Sherry Hernandez, PMCN Executive Director, with PMCN directors Dave Bold, Artie White and Aaron Hawley, presents NSA Executive Director Cindy Nevin (center) with a check for $50,000.

The plumbing association enjoys a close relationship with the Nevada Subcontractors Association since longtime PMC of Nevada member Henry Sharp was one of the founding members of the subcontractors group. In May, the PMC of Nevada presented the NSA with $50,000 to continue their fight against unfair construction defect lawsuits.

Cindy Nevin, executive director of the Nevada Subcontractors Association, accepted the check and outlined her association’s plans to reform Chapter 40, that part of the Nevada Revised Statutes that deals with construction defects.

Nevin said that the Nevada Subcontractors Association is an important part of the new Coalition for Fairness in Construction, and that the Coalition is working to get contractors to attend the July 1st hearing on construction defects lawsuit’s impact on the insurance industry in Nevada.

"The July 1st hearing is going to be very important for us to show that we’re united," Nevin said. "Remember when the doctors had their hearing a couple of months ago and it was announced that they were closing their offices to attend? We’re not saying you have to go that far, but if you could send a couple of people, then business can keep going. We want to make sure the rooms are full on both ends of the state."

Nevin also said the Coalition is gathering "horror stories" from contractors regarding their treatment at the hands of the current system. NOTE: The Construction Zone has chronicled this issue since April 2000, and features a special section on the web site devoted to construction defects. Please see for more).

She said that the issue still hasn’t had the impact in the Reno area that is has in Las Vegas, but that more Northern Nevada contractors are getting involved as they are drawn into lawsuits. The largest case in Nevada at the present time is a Northern Nevada suit involving some 545 units.

The Coalition for Fairness in Construction’s goals is the reform of Chapter 40 to define a construction defect, and obligate contractors to repair any defects found. The Coalition can be reached by calling Cindy Nevin at (702) 736-6686.

 

Assemblyman John Lee on Construction Defects

John Lee, plumbing contractor and representative in the Nevada Assembly, gave PMC of Nevada members an insider’s view of why construction defect legislation failed last session, and warned them to build consensus or face the same result.

Lee said that contractors and lawyers have been put on notice that if a bill can not be put together that will garner agreement from the parties, the legislature will not look at it again. He warned that smaller bills that address parts of the problem may be considered, but not the kind of substantial and far reaching legislation put forth in previous sessions.


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