BARRETT v. EIGHTH JUD. DIST. CT.

No. 63871.

331 P.3d 892 (2014)

Kelly BARRETT, an Individual; Dean and Wendy Cooper, Husband and Wife; Richards Ziemelis and Shelly Connell-Ziemelis, Husband and Wife; Harry and Lisa Burgess, Husband and Wife; Michael Sousouay, an Individual; Kim Colbert, an Individual; James and Karen Tippel, Husband and Wife; Rosa Martinez, an Individual; Josephine Martinez, an Individual; Randy and Johnna Reece, Husband and Wife; Patricia Monteros, an Individual; Donald Robbins and Hope Ileen Keller-Robbins, Husband and Wife; Lena Haycock, an Individual; Trelynn Guice, an Individual; Enrique Cabrera, an Individual; Marvin and Rosalyn Randall, Husband and Wife; John and Susan Polyak, Husband and Wife; Kenyetta Banks, an Individual; Amanda Mattos, an Individual; Ronne R. Cramer and Cynthia L. Cramer, Husband and Wife; Richard J. Lahey and Diane C. Lahey, Husband and Wife; Nicholas D. Marquez and Catherine M. Marquez, Husband and Wife; Donald J. Wyman and Machelle A. Wyman, Husband and Wife; and April Washington, an Individual, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF The STATE of Nevada, in and for the COUNTY OF CLARK; and the Honorable Allan R. Earl, District Judge, Respondents, and Uponor Inc., A Minnesota Corporation; RCR Plumbing & Mechanical, Inc. d/b/a RCR Companies, A California Corporation, Real Parties in Interest.

Supreme Court of Nevada.

August 7, 2014.


Attorney(s) appearing for the Case

Canepa Riedy & Rubino and Scott K. Canepa and Terry W. Riedy , Las Vegas; Carraway & Associates and James D. Carraway , Las Vegas; Kemp, Jones & Coulthard, LLP, and Michael J. Gayan and J. Randall Jones , Las Vegas; Lynch, Hopper & Salzano, LLP, and Charles D. Hopper and Francis Lynch, II , Las Vegas; Maddox, Segerblom & Canepa, LLP, and Robert C. Maddox , Reno, for Petitioners.

Bremer Whyte Brown & O'Meara, LLP, and Peter C. Brown and Prescott T. Jones , Las Vegas; Hansen Rasmussen, LLC, and R. Scott Rasmussen and Vadim Veksler , Las Vegas; Helm & Associates and Kevin E. Helm , Las Vegas; Grotefeld, Hoffman, Schleiter, Gordon & Ochoa and Lindsay E. Dansdill , Howard L. Lieber , and John R. Schleiter , Chicago, Illinois, for Real Parties in Interest.

BEFORE THE COURT EN BANC.


OPINION

By the Court, GIBBONS, C.J.:

In this opinion, we address whether a defendant subcontractor must provide NRS Chapter 40 prelitigation notice, which is statutorily followed by an opportunity to repair, prior to filing a fourth-party complaint against a supplier. We conclude that nothing in NRS Chapter 40 requires this notice.

FACTS AND PROCEDURAL HISTORY

Petitioners, homeowners in the Tropical Breeze subdivision in Las...

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