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D.R. HORTON v. DIST. CT.

No. 47654.

168 P.3d 731 (2007)

D.R. HORTON, INC., A Nevada Corporation; RCR Companies; Central Valley Insulation Las Vegas, LLC; and Builder Services Group, Inc., d/b/a Central Valley Insulation, 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 First Light at Boulder Ranch Homeowners Association, A Nevada Corporation, Real Party in Interest.

Supreme Court of Nevada.

October 11, 2007.

Attorney(s) appearing for the Case

Marquis & Aurbach and Jack Juan and Micah S. Echols, Las Vegas, for Petitioner D.R. Horton, Inc.

Hansen & Rasmussen and R. Scott Rasmussen, Las Vegas, for Petitioners Central Valley Insulation Las Vegas, LLC, and Builder Services Group, Inc., d/b/a Central Valley Insulation.

Quon Bruce Christensen Law Firm and James R. Christensen, Las Vegas, for Real Party in Interest.

Burris, Thomas & Springberg and Andrew J. Thomas, Las Vegas, for Amicus Curiae Nevada Trial Lawyers Association.

Jeanne Winkler & Associates and Jeanne L. Winkler, Las Vegas, for Amicus Curiae Safe Homes Nevada.

Marquiz Law Office and Craig A. Marquiz, Henderson, for Amicus Curiae Nevada Subcontractors Association.

Snell & Wilmer, LLP, and Leon F. Mead II, Las Vegas, for Amici Curiae Associated General Contractors, Las Vegas Chapter, and Coalition for Fairness in Construction.

BEFORE THE COURT EN BANC.

OPINION

By the Court, GIBBONS, J.:

In this petition, we address the question of how district courts should determine the sufficiency of a pre-litigation notice of constructional defects under NRS 40.645. The parties and amici curiae1 invite us to examine the reasonableness of a pre-litigation notice that triggers a builder's right to repair, or a claimant's right to commence suit. Today, we provide district courts with...

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