1. 1. If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response pursuant to paragraph (b) of subsection 2 of NRS 40.6472 and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, the court in which the action is commenced may:

   1. (a) Deny the claimant’s attorney’s fees and costs; and

   2. (b) Award attorney’s fees and costs to the contractor.

      Any sums paid under a builder’s warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.

2. 2. If a contractor, subcontractor, supplier or design professional fails to:

   1. (a) Comply with the provisions of NRS 40.6472;
   2. (b) Make an offer of settlement;
   3. (c) Make a good faith response to the claim asserting no liability;
   4. (d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680; or

   5. (e) Participate in mediation,

      the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive, do not apply and the claimant may commence an action or amend a complaint to add a cause of action for a constructional defect without satisfying any other requirement of NRS 40.600 to 40.695, inclusive.

3. 3. If a residence or appurtenance that is the subject of the claim is covered by a builder’s warranty, a claimant shall diligently pursue a claim under the builder’s warranty.
4. 4. Nothing in this section prohibits an offer of judgment pursuant to Rule 68 of the Nevada Rules of Civil Procedure or NRS 17.117 or 40.652.

(Added to NRS by 1995, 2541; A 1997, 2719; 1999, 1442; 2003, 2044; 2015, 15, 2565; 2019, 275, 2260)